TOWN OF DAVIE PLANNING & ZONING DIVISION 6591 ORANGE DRIVE DAVIE, FLORIDA 33314-3399 Phone: 954.797.1103 Fax: 954.797.1204 www.davie-fl.gov V_16-288_Planning_Report Pg. 1 of 4 PLANNING REPORT Project Name Vietnamese Buddhist Center of Florida Application Request/Number: Variance (V) /16-288 Owner Christina Ngo, Hoang Nguyen, Thanh Nguyen Representative Neal Kalis, Esq. Project Planner Matthew Coyle Date of Report 05/08/2018 Date of Public Participation 01/09/2017 and 01/19/2017 Date of Public Notification 04/24/2018 Date of Board Review 05/15/2018 Date of Town Council Review 06/13/2018 Location/Site Folio/Identification Number 5041 26 05 0050 Address 4341 SW 54 th Avenue Nearest North/South Road Florida Turnpike Nearest East/West Road Orange Drive Size (Approx. Acres) 1.57 acres Existing Use Single Family Residence Future Land Use Regional Activity Center Zoning R-3 Council District 1 Redevelopment Area Community Redevelopment Agency (CRA) Overlay District N/A Design Regulation N/A Flexibility Zone 98 Planning Area 8 Utilities Provider Town of Davie Drainage District Central Broward Water Control District (CBWCD) Nearby Equestrian Trail Linear Park Nearby Recreational Trail Linear Park Nearby Park Potter's Park Nearby Bus Route N/A Key Points The proposed variance would allow the following existing structures to remain (see attached Boundary Survey) and be compliant with the Community Facilities (CF) setbacks: o single family residence - 29.81 feet from the front (east) property line
Project Name Vietnamese Buddhist Center of Florida
Application
Request/Number: Variance (V) /16-288 Owner Christina Ngo, Hoang Nguyen, Thanh Nguyen Representative Neal Kalis, Esq. Project Planner Matthew Coyle Date of Report 05/08/2018 Date of Public Participation 01/09/2017 and 01/19/2017 Date of Public Notification 04/24/2018 Date of Board Review 05/15/2018 Date of Town Council Review 06/13/2018
Location/Site
Folio/Identification Number 5041 26 05 0050 Address 4341 SW 54th Avenue Nearest North/South Road Florida Turnpike Nearest East/West Road Orange Drive Size (Approx. Acres) 1.57 acres Existing Use Single Family Residence Future Land Use Regional Activity Center Zoning R-3 Council District 1 Redevelopment Area Community Redevelopment Agency (CRA) Overlay District N/A Design Regulation N/A Flexibility Zone 98 Planning Area 8 Utilities Provider Town of Davie Drainage District Central Broward Water Control District (CBWCD) Nearby Equestrian Trail Linear Park Nearby Recreational Trail Linear Park Nearby Park Potter's Park Nearby Bus Route N/A
Key Points
The proposed variance would allow the following existing structures to remain (see attached Boundary Survey) and be compliant with the Community Facilities (CF) setbacks:
o single family residence - 29.81 feet from the front (east) property line
o concrete pedestal - 20.4 feet from the side (south) property line o brick paver patio - 10.6 feet from the side (south) property line o wood deck - 6.09 feet from the side (south) property line o shed – 8.93 feet from the side (south) property line o wood deck - 19.3 feet from the side (north) property line o brick paver patio - 11.7 feet from the side (north) property line o accessory building – 14.21 feet from the side (north) property line o shed – 24.05 feet from rear (east) property line o shed – 21.32 feet from the rear (east) property line
The setbacks for the CF district are as follows: Front – 50 feet; Side – 25 feet and Rear – 25 feet.
The setbacks for the R-3 district are as follows: Front – 30 feet; Side – 15 feet and Rear – 25 feet.
According to the petitioner, the property is currently utilized as the Vietnamese Buddhist Center of Florida – Khanh Viet Temple.
This property was annexed by the Town of Davie in 1969 by House Bill 2309. According to the Broward County Property Appraiser (BCPA), the existing single
family residence was constructed in 1964 when the property was still part of unincorporated Broward County.
The applicant’s Scope of Work letter includes a statement that this is an “after the fact” request and therefore no work is proposed in connection with the variance. However, it should be recognized that the proposed use will necessitate a new Certificate of Occupancy pursuant to the Florida Building Code. Physical changes, such as the addition of restroom facilities, may be required to qualify for the proposed non-residential use.
According to the petitioner, the single family detached dwelling (east building) will continue to be used as a residence for the monks and an existing accessory building (west building) will serve as the temple/meeting place (see attached Specific Purpose Survey for building locations)
Since the applicant purchased the property there have been a number of modifications to the property including the installation of pavers throughout the property, a large statue and two new sheds (see aerial photo series from 2011 to 2018). All of these structures are included in the variance request.
History
1. Zoning History: Plat, Lauderdale Little Ranches (Plat Book 21, Page 23): recorded in the public record
on February 26, 1946. In 1969, the Town of Davie annexed this property through House Bill 2309. On September 17, 1997, the Town of Davie approved the Regional Activity Center
Future Land Use Classification for the area including the subject site. On February 6, 2008, the Town of Davie adopted zoning and other land development
regulations as part of the implementation of the Regional Activity Center Future Land Use Designation. However, the Lauderdale Little Ranches was not included in the rezoning and thus retained the existing R-3 zoning.
Special Permit (SE) 16-291, Vietnamese Buddhist Center of Florida: to allow a place of public assembly on a property zoned CF to use an on-site waste disposal system.
Special Permit (SE) 17-178, Vietnamese Buddhist Center of Florida: to allow a residential use as accessory to a place of public assembly.
Site Plan (SP) 16-292, Vietnamese Buddhist Center of Florida: to allow site improvements for a place of public assembly.
Variance (V) 16-287, Vietnamese Buddhist Center of Florida: To allow a new place of public assembly 1,059 feet from an existing place of public assembly (Town Code requires a new place of public assembly be located at least 2,500 feet from an existing place of public assembly).
Variance (V) 16-288, Vietnamese Buddhist Center of Florida: to allow the existing single family residence to remain 30 feet from the front property line, an existing wood deck to remain 6 feet from the south side property line and an existing wood deck to remain 9 feet from the north side property line (Town Code requires a 50 foot from yard setback and a 25 foot side yard setback).
Variance (V) 16-289, Vietnamese Buddhist Center of Florida: to allow a minimum lot size of 1.57 acres for a property zoned CF and a minimum lot size of 1.57 for a freestanding place of public assembly (Town Code normally requires 5 acre minimum lot size for property zoned CF and requires a minimum lot size of 2 acres for a freestanding place of public assembly).
Analysis
The following Staff analysis is based on the criteria established in §12-309(B)(1), Town of Davie Code, for variance applications:
1. There are special circumstances or conditions applying to the land or building for
which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property. There are no special circumstances or conditions which apply to the land for which the variance is sought. There is no apparent reason why the subject property cannot be used in accordance with the existing R-3 zoning.
2. The granting of the variance is necessary for the reasonable use of the land or building
and that the variance as requested is the minimum variance that will accomplish this purpose. Granting of the variance is not necessary for the reasonable use of the land as the site has been utilized as a single family detached dwelling since 1964.
3. That granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to
the public welfare. All the structures that are subject to the variance request are existing. It’s unclear what all the structures will be used for if the property is approved for a place of public assembly. Staff found a video on YouTube of a previous celebration on the property and the paver patio area (10.6 feet from side property line) was utilized as outdoor gathering space (see attached screenshots from video). Therefore, allowing the structures to remain in close proximity to the property lines has the potential to further impact neighbors and to be injurious or detrimental to the public welfare.
Recommendations
Staff finds the application complete and suitable for transmittal for further consideration.
Attachments
1. Petitioner Documentation 2. Boundary Survey 3. Specific Purpose Survey showing building locations 4. Aerial Photo Series from 2011 to 2018 5. Screenshots from YouTube video as accessed on April 20, 2018
https://www.youtube.com/watch?v=6kEEpsVZeCM 6. Land Use Map 7. Zoning Map
