HomeMy WebLinkAboutR-2025-163 OT-019-25 Waiver of Replat - 255 NW 12 AvenueRESOLUTION NO. 2025-163
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40, OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE WAIVER OF REPLAT REQUEST (OT-019-25) SUBMITTED BY THE PROPERTY OWNER, TAMMIE AND ELLIS JAMES, FOR THE PROPERTY
GENERALLY LOCATED EAST OF 255 NW 12TH AVENUE IN THE CITY OF
DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Land Development Code (the “LDC”), Part 6 “Development
Review Procedures and Requirements,” Article 655, “Vacations of Right-of-Way,” states that no
platted street alley or other property dedicated to the public use shall be vacated or abandoned
except by a new plat submitted to and approved by the City Commission, unless the City
Commission waives the requirement of a new plat; and
WHEREAS, the property owner, Tammie and Ellis James, (the “Applicant”), has
requested a waiver of replat (OT-019-25) approval in order to submit an application to vacate
approximately 100 linear feet of dedicated City right-of-way located to the east of 255 NW 12th
Avenue, for a total of approximately 100 linear feet, as legally described in Exhibit “A,” a copy of
which is attached to this Resolution; and
WHEREAS, the request is consistent with Section IV of the Future Land Use Element of
the City of Dania Beach Comprehensive Plan (the “FLU Element”), titled “IV. Requirements for
Future Land Use Goals, Objectives and Policies”; and
WHEREAS, the request more particularly furthers Objectives V, Policy 5.3 of the FLU
Element to ”[…] streamline the development approval process where practical”
WHEREAS, this request will allow for the enhancement of the use and maintenance of
the area; and
WHEREAS, the City will vacate the dead-end of NW 12th Ave right-of-way and will
dedicate the area to the adjacent property owner to the west (the applicant)
WHEREAS, Section 655-30(D)of the LDC allows the City Commission to waive the
submission and approval of a new plat for a vacation of right-of-way if it would cause undue
hardship to the property owner; and
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WHEREAS, the property owner has provided evidence and statements demonstrating
undue hardship, which are incorporated into the Staff Report for this vacation request (OT-019-
15); and
WHEREAS, pursuant to the criteria of Section 655-30(D) of the LDC, the City
Commission finds that replatting would cause undue hardship to the property owner; and
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance
with Article 610 of the City’s LDC; and
WHEREAS, the City Commission finds that approval of the requested waiver of replat
(OT-019-25) is consistent with the LDC and Comprehensive Plan.
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.
Section 2. That the waiver of replat application (OT-019-25), a copy of which is
attached as composite Exhibit “A,” is made a part of and incorporated into this resolution by this
reference, is approved.
Section 3. That the City’s Staff Report is ratified and confirmed as being true and
correct and is made a specific part of the resolution as findings of fact.
Section 4. That this resolution only allows the Applicant to submit and process an
application to vacate the right-of-way without the need to replat the subject property but does not
grant the vacation itself nor constitute the approval of such vacation.
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 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 undertake 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 be in force and take effect ten (10) days after its
passage and adoption.
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PASSED AND ADOPTED on October 28, 2025.
Motion by Commissioner Rimoli, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen X ____
Commissioner Luis Rimoli X ____
Commissioner Archibald J. Ryan IV X ____
Vice Mayor Marco Salvino X ____
Mayor Joyce L. Davis ____ X
ATTEST:
___________________________________ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY
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EXHIBIT A
WAIVER APPLICATION