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Home My WebLink AboutExhibit provided under citizens commentsfx hrDri pv:,*d,ld, 2750 Griffin Road / Griffin Holdings Highlighted Certificate of Use - Defective Zoning Authority lssue wt\dtY Ahzens CCrnfru*rts DANIA E[A(H cu- 24.382 RECORD #: 2750 Grrflri Holdlngs LLIP /SelrrFort Lauderdale 0000977CERTIFICATE f: BUSI'{ESS NAME: BUSINESS ADDRESS: BAY #: BUSIT{ESS PHONE o O FOLTO #. so42 12.60-0010 CERTIFICATE APPROVEO BY: ^ndrea sandovar lroter ,4 au.ln€.s la,r Rec€rpt (BfR) .,ust ,l.o be obtrih.cl lron the city ia otctet ro opa..re , Srsirest BLDG #: (786) 681-2569 o '1. Certificate lisls the business use as "Vacalion Rental." This is not ordinary resideniial occupancy. lt is vacation-rental / short{erm / transient-lodging activity. 2, Certiflcate identifles the zoning as "PRD-1." The controlling question is whether Chapter 28 expressly authorizes vacation-rental activity, short-term rental activity, or transient lodging activity in PRD-1. 3. "Minimum s-Day Stay" confirms transient operation. A stay-length condition does not create zoning authority if the underlying use is not laMully authorized by Chapter 28. Resident Position: A ministerial Certificate oI Use cannot amend the Land Development Code, amend the approved site plan, or create a land use never laMully approved by the Commission. Requested Action: The defective Certificate of Use should be revoked immediately, and code enforcement proceedings should begin immediately under Chapter 162, Florida Statutes, to bring the property into compliance. WHY THIS CERTIFICATE OF USE IS DEFECTIVE usrNEss usE(s) oD^oEDrv ?^uE^. pRD l N(ll,!TATI MIIST RF POSTFD AT RIISINFSS I OCATION HIGHLIGHTED DEFECTS: Vacation Rental + PRD-I + Minimum s-Day Stay CITY OF DANIA BEACH Departrnent of Community Development Zoning Oivision CERTIFICATE OF USE oate October25, 2024 DANIA BEACH sEA I LIVE IT LOVI I CERTIFICATE #: BUSINESS NAME: BUSINESS ADDRESS: CITY OF DANIA BEACH Department of Comm unity Development Zoning Division CERTIFICATE OF USE clJ-24-382 RECORD #: 2750 Griffin Holdings LLLP / Se.jur Fort Lauderdale 0000977 2750 Griff in Rd BUSTNESS USE(S): Vacation Renta I BLDG #: BUSINESS pHONE: (786) 681-2s6e BAY #: FOLIO #: s042-32-60-0010 CERTIFICATE APPROVED BY: Andrea sandoval LTMTTATTON(S): Minimum 5-Day Stay Date October 25,2024 ,Vote.' A Eusiness Tax Receipt (BTR) must also be obtained from the City in order to opetate a Bus,ness PROPERTY ZONED:P RD.1 MIIST RF PO.STFD AT RIISINFSS I OCATION 2750 Grittin Road / Griffin Holdings Unlawful Vacation-Rental Activity & Defective Certificate of Use Simple Visual Analysis of the Core Zoning and Land-Use Questions Resident Position: lf the City cannot identify specific Chapter 28 zoning authority authorizing unlaMul vacalion-rental activity, unlawful short-term rental activity, or unlavvful transient lodging activity within PRD-1, then residents contend the defective Certificate of Use was issued without lavyful zoning authorization, should be revoked immediately, and code enforcement proceedings should begin immediately under Chapter 162, Florida Statutes to bring the property into compliance. Are unlawful vacation rentals, short-term rentals, or transient lodging expressly permitted in PRD-1? PRD-1 is an enumerated zoning district. Uses must be specifically authorized, specially approved, or otherwise lawfully permitted within Chapter 28. Residents have repeatedly requested the exact PRD-1 code section authorizing unlaMul vacation-rental activity, unlalvful short{erm rental activity, and unlaMul transient lodging activity Can a Certificate of Use create a new land use? A Certiiicate of Use is ministerial and cannot independently amend zoning classifications or create new land-use rights not authorized by the Code. Residents contend the City issued a Certificate of Use for unlawful transient lodging activity without identiRed Chapter 28 zoning authorization. Was unlawful transient lodging activity disclosed and approved during the quasi-judicial process? Material land uses should be disclosed, reviewed, debated, and approved during the public quasi-judicial approval process. Residents contend unlawful vacation-rental activity and unlawful transient lodging activity were never specifically disclosed or approved within the PRD-1 site-plan record. WHAT CHAPTER 28 REQUIRES WHAT RESIDENTS CONTEND OCCURRED LEGAL OUESTION 2750 Grittin Road / Griffin Holdings UNLAWFUL TRANSIENT COMMERCIALIZED LODGING ACTIVITY & DEFECTIVE CERTIFICATE OF USE CITY OF DANIA BEACH Department of Communlty Development Zonlng Olvlslon DANU BEA(11 CERTIFICATE OF USE cu_ 24182 0000977CERTIFICATE I: BUSIT{E*S NAME; BUSINESS ADDRESS: RECORO #: 2750Gitfln Hotshgs LILP / S.jUl ron Llud.rd.L 2750Gntt'n fld BLOG I BAY tr: BUgtXES:t PHONE: (786) 681-2569 o O FOLtOl. so42-32.6sooro cERltFtcArE appRovEo By: ^ndrea sandovar D.t€ o<tober 25, 2024 Nol!: A Eutln tt f.x R.c.lpl (BiA) ,,u.a.bo h. obhlnaat lr,,i tE Clty ln ofttct to o,t'lt . Bt rtna,, MIIST RF POSTFD AT B!ISINFSS I OCATION Page 1 of 2 o The Cerlilicate of Use expressly authorizes unlawful vacation- rental activity that is an unlaMul transient commercialized lodging activity within PRO-'l; residents contend Chapter 28 contains no express PRD-'l authorization for this use. CORE ISSUE usrflEss usE(s): Residenls conlond: ay'acation Rental' is transient commercialized lodging use: PRD-1 has no express Chapter 28 authorization; and a COU cannot create zoning authority. HIGHLIGHTED DEFECTS: Vacation Rental + PRD-I + Minimum s-Day Stay bp6r,FErY rr1xEn. PRo_l WHY RESIDENTS CONTEND THE CERTIFICATE OF USE IS DEFECTIVE 1. Certificate expressly authorizes unlawful vacation-rental and unlawlul transient commercialized lodging activity. Residents contend this is not ordinary residential dwelling occupancy. The Certilicate authorizes unlawful vacation-rental activity and an unlaMul transient commercialized lodging activity. 2. Certificate identifies the property zoning classification as "PRD-1." The controlling legal question is whether Chapter 28 expressly authorizes unlaMul vacalion- rental activity or unlaMul transient commercialized lodging activity within PRD-1. 3, "Minimum 5-Day Stay" confirms transient operational lodging use. A minimum stay requirement does not create zoning authority il the underlying unlaMul transient commercialized lodging use is not expressly authorized by Chapter 28. Resident Position: A minasterial Certificate ol Use cannol amend the Land Development Code, amend the approved site plan, or create unlaMul transient commercialized lodging rights never lawfully approved by the Commission. Commission Decision Point: Does Chapter 28 expressly authorize unlawlul vacation-rental activity or unlawf ul transient commercialized lodging activaty wilhin PFID-1 ? YES -> Cite the exact Chapter 28 section on the public record. NO -> Revoke Certificate immedialely and begin Chapter 162 enforcement immediately. REOUESTED ACTION: Besidents contend the delective Certificate of Use should be revoked immediately and code enforcement proceedings should begin immediately under Chapter 162, Florida Statutes, to bring the property into compliance, Page 2 of 2 QUESTIONS THE COMMISSION SHOULD REQUIRE THE CITY ATTORNEY TO ANSWER ON THE RECORD Regarding 2750 Griffin Road / Griffin Holdings Unlawful Vacation-Rental Activity, Unlau/ul Short-Term Rental Activity, Unlawful Transient Lodging Activity, and Legally DeJective CertiJicate of Use The Iollowing questions involve core zoning-authority, land-use, and due-process issues concerning the issuance ol a Certilicate ol Use for transient vacation-rental activity within the PRD-1 zoning district at 2750 Griffin Road. These questions should be answered clearly and specifically on the public record tonight. 1. What exact Chapter 28 PRD-I permitted use authorizes vacation rentals, short-term rentals, transient lodging, or hotel-like lodging ai2750 Griffin Road? Please idenlify the precise Land Development Code section relied upon by the City, including whether the use is claimed to be permitted by right, permitted by special exception, or allegedly similar to another listed use. 2. What exact legal authority allowed City staff to issue a Certificate of Use for a transient lodging operation if that use was never expressly approved within the PRD-1 site-plan approval process? Please identify the legal basis supporting the issuance of the Certificate of Use and explain how a ministerial administrative action can authorize a transient use that was not specifically disclosed, reviewed, debated, or approved by the Commission during the quasi-judicial approval process. 3. Where in the approved PRD-I site-plan record was transient lodging, vacation-rental activity, or hotel-like occupancy disclosed to and approved by the Commission? Please identify the exact approved site-plan documents, rescjlutions, staff reports, conditions, or hearing record references authorizing transient lodging activity at this property. lf these questions cannot be answered with specific legal authority from the adopted Chapter 28 Land Development Code and the approved site-plan record, then the Commission should ask statf to immediately revoke the unlavuful defective Certificate ol Use since it was issued without lawful zoning authorization and ask staff to immediately seek corrective enforcement action under chapter 162, Florida statutes to enforce com pliance.