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HomeMy WebLinkAboutR-2025-107 VA-038-24 Outboard Dynamics VarianceRESOLUTION NO. 2025-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST TO WAIVE THE SIDEWALK INSTALLATION REQUIREMENT OF SECTION 22-27, OF THE CITY’S CODE ORDINANCES (VA-038-24) SUBMITTED BY THE APPLICANT/PROPERTY OWNER, SGM DEVELOPMENT, INC., FOR PROPERTY LOCATED AT 3951 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the “LDC”) Part 6 “Development Review Procedures And Requirements,” Article 625, “Variances” of the City Code of Ordinances (the “City Code”), the property owner, SGM Development, Inc. (the “Applicant”), applied to the City of Dania Beach (the “City”) for approval of the variance (VA-038-24) for property located at 3951 Ravenswood Road, legally described on Exhibit “A” and incorporated by this reference; and WHEREAS, Chapter 28, Part 6 of the LDC Section 625-40 states that the City Commission may grant a variance based on its determination that the Applicant has demonstrated that the criteria identified in the LDC have been satisfied; and WHEREAS, the Applicant proposes to delete the sidewalk on the west side of the property along SW 22nd Avenue per section 22-27 of the City’s Code of Ordinance; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the variance criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings of fact; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission found that the Variance (VA-038-24) request is consistent with the City's Comprehensive Plan and Land Development Code and will protect the public health, safety, and welfare of the residents of the city, and further the purpose, goals, objectives, and policies of the Comprehensive Plan. 2 RESOLUTION #2025-107 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution by this reference. Section 2. That pursuant to Chapter 28, “Land Development Code”, Part 6” Development Review Procedures and Requirements,” Article 625 “Variances” the variance application (VA-038-24) is approved consistent with the Site Plan provided in Exhibit “B”. Section 3. That the Planning & Zoning Division Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. Section 4. That pursuant to Section 625-500 “Expiration of Variances,” of the Land Development Code, the variance (VA-038-24) shall automatically expire and become null and void unless the applicant files a complete building permit application with construction drawings for the improvements shown on the site plan, within eighteen (18) months from the date of this Resolution. Section 5. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for the issuance of the permit if the applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall take effect ten (10) days after passage and adoption. SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2025-107 PASSED AND ADOPTED on July 8, 2025. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 4 RESOLUTION #2025-107 EXHIBIT “A” LEGAL DESCRIPTION "OUTBOARD DYNAMICS" 183-454 B PARCEL A