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HomeMy WebLinkAboutR-2008-140 Approving the Variance Request Submitted by Jay PatelRESOLUTION NO.2008-140 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY PATEL, PROPERTY OWNER FROM CHAPTER 28, "ZONING" ARTICLE 21.20, "TRANSIT ORIENTED DISTRICT ZONING REGULATIONS", FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 21.20, prescribes the regulations for off street parking , building envelope and building height within the Transit Oriented Zoning District (TOD) for the City of Dania Beach; and WHEREAS, Jay Patel, property owner, has applied for a variance (VA-31-08) as follows: 1. To allow 67 parking spaces (Chapter 28, "Zoning", Article 21.20 "Parking", requires 89); 2. To allow 0 loading berths (Chapter 28, "Zoning", Article 21.20, "Parking" requires 3); 3. To allow a 4 feet side setback (south property line); (Chapter 28, "Zoning", Article 21.20 "TOD Building Envelope" requires 10 feet); 4. To allow a 10 feet 4 inch rear setback (west property line); (Chapter 28, "Zoning", Article 21.20 "TOD Building Envelope", requires 20 feet); 5. To allow a building height of 6 stories/67 feet (Chapter 28, "Zoning", Article 21.20, "TOD District Height" allows a maximum of 5 stories / 60 feet for lots with depth less than fifty feet and between .5 acre to .99 acres in net area) for property located at 205 North Federal Highway, Dania Beach; and WHEREAS, the Planning & Zoning Board on July 16, 2008, recommended that the City Commission grant variance requests of VA-31-08, based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-31-08, for the variances described above from requirements in Chapter 28, "Zoning", of the City of Dania Beach Code of Ordinances, a copy