CITY OF HALLANDALE BEACH

MEMORANDUM

DATE: November 14, 2008

TO:                 D. Mike Good, City Manager

FROM:            Richard D. Cannone, Director, Development Services Department

SUBJECT:     Application #08-83-AA Appeal by Do-Van, Inc

700-704 NE 2^nd Court

REQUEST:

Vasile Maldovan, of Do-Van, Inc. is requesting an appeal of a Planning and Zoning Board decision denying a request for a variance at 700-704 NE 2^nd Court to construct four additional parking spaces as it did not meet the development standards of the City’s Zoning and Land Development Code.

BACKGROUND:

In 2004, the applicant (Do-Van, Inc.) filed for building permits to construct a duplex at the subject property. During the plan review process, a letter dated June 11, 2003 was sent to the applicant rejecting his proposal to build 8 parking spaces for the proposed duplex and advising a maximum of 4 parking spaces was permitted at the property (see backup). The applicant complied and the duplex was constructed and issued a Certificate of Occupancy with four parking spaces.

On May 8, 2008, Code Compliance cited the property at 700 and 704 NE 2^nd Court for an illegal conversion and work without permits following a complaint from a tenant at the subject property. The duplex had been converted from two units to eight units and four additional parking spaces had been constructed without permits (see attached photos provided as Exhibits “A” and “B”). In addition to a violation of Zoning and Land Development Code, the Building Official also determined that the converted units did not meet the minimum housing standards of the Florida Building Code for efficiency units including minimum square footage and required kitchen work space.

As directed by the City Commission in CAD #023/07, City staff has been working with the applicant to correct the code violations at the property so that the case will not have to proceed to the Special Magistrate. The applicant has obtained a building permit to convert the dwelling back to two units; however, he is requesting to maintain the four additional parking spaces that were constructed without building permits. Since the Code does not permit back-out parking for more than 4 parking spaces for safety reasons, a variance is required to retain the additional illegally built spaces.

At the September 24, 2008 meeting, the Planning and Zoning Board denied application #08-65-V requesting a variance from Section 32-453(i)(2) of the Zoning and Land Development Code requiring parking areas with more than four abutting parking spaces be designed so that no vehicle must back into a right-of-way to obtain egress. Attached

is the staff report prepared for the Planning and Zoning Board that includes both the policy and technical analysis. The Planning and Zoning Board voted for denial of the application with a majority vote of 7-0. Summary minutes from the meeting are attached. 

DISCUSSION

The property received a Certificate of Occupancy in 2006 and was constructed in accordance with the City Code. The applicant was aware that the property was not permitted to have more than a two-family structure and four parking spaces.

The additional parking was added to the property after it was illegally converted into an eight-unit structure. Allowing the property to maintain the additional parking spaces provides an opportunity for the structure to be converted again in the future.

Section 32-453(i)(2) prohibiting back-out parking into a public right-of-way was adopted to prevent vehicular conflicts and promote safe and efficient vehicular and pedestrian movement. The proposed parking spaces are not required at the property and are contrary to the requirements in the City Code.

Furthermore, the additional parking will decrease the amount of green space on the property. There are nonconforming multi-family buildings on either side of the subject property with minimal landscaping provided along the south side of N.E. 2^nd Court. Further reducing the existing landscaping will negatively affect the aesthetics of the street.

RECOMMENDATION:

The City Commission uphold the Planning and Zoning Board’s decision to deny application #08-65-V requesting a variance to construct four additional parking spaces at a residential duplex at 700 and 704 NE 2 ^nd Court.

Prepared by:                                                               Concur:

__________________________                                ________________________

Sarah Suarez                                                              Christy Dominguez

Associate Planner                                                       Director Planning and Zoning

Reviewed:

_______________________________                                                          __________

D. Mike Good, City Manager                                                                           Date

_____Approved                _____Disapproved                _____Hold for Discussion