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HomeMy WebLinkAbout2021-04-21 Virtual Planning and Zoning Board/Local Planning Agency Agenda PacketPlanning and Zoning Board AGENDA H:\Community Development Work Folder\~PZ Board\P-Z Agendas\2019 CITY OF DANIA BEACH PLANNING AND ZONING BOARD / LOCAL PLANNING AGENCY VIRTUAL MEETING Wednesday, April 21, 2021 7:00 PM I. ROLL CALL II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from the March 17, 2021 meeting. III. PUBLIC HEARINGS 1. VC-010-21: The applicant, Lawrence Kramer, on behalf of the property owner 800 Old Griffin, LLC is requesting a vacation of right-of-way for the portion of NW 3 Place located between NW 8 Avenue and NW 9 Avenue. IV. BOARD ITEMS 1. Upcoming meeting dates: May 19, 2021 V. MEETING ADJOURNED ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDI NGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. VIRTUAL REGULAR MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY WEDNESDAY, MARCH 17, 2021 7:00 PM I. ROLL CALL The meeting was called to order at approximately 7:00PM by Chair W. Quinn Robertson. Board Clerk Ibel Larios called the roll. Chair W. Quin Robertson, PhD, GISP Present Eve Boutsis, Assistant City Attorney Derrick Hankerson Present Corinne Lajoie, AICP, Asst Director Comm Dev Bill Harris Present Richard Lorber, AICP, Planning and Zoning Manager Albert C. Jones Present Ibel Larios, Board Clerk Jonathan Thomas Present II. BOARD DISCUSSION 1. Selection of Board Vice Chair The Chair opened the floor for Vice Chair nominations. Chair Robertson nominated Bill Harris for Vice Chair which was seconded by Derrick Hankerson. As no other nominations were forthcoming, nominations were closed. Bill Harris was elected Vice Chair by acclamation and through the desire of the board. III. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the February 17, 2021 virtual regular meeting. Motion was made by Vice Chair Bill Harris to approve the minutes of the virtual meeting of the Planning & Zoning Board/Local Planning Agency from February 17, 2021 as presented and was seconded by Albert Jones. Motion passed 5-0. IV. PUBLIC HEARINGS 1. VA-005-21: The applicant, homeowner Leslie Carhart, is requesting a variance to Section 215-90(A)(1) of the Land Development Code (LDC), permitting a dock exceeding the maximum six (6) foot projection into the adjacent waterway by six (6) inches, and a variance to Section 240-20(B), of the LDC, to permit a dock with zero (0’– 0”) east side setback, where a minimum of five (5’-0”) feet is required. Assistant City Attorney Eve Boutsis sworn in Assistant Director Community Development Corinne Lajoie and Planning and Zoning Manager Richard Lorber. Ms. Boutsis said that when the applicant presented, she would be sworn. Mr. Lorber gave a PowerPoint presentation stating that the subject property, 846 Argonaut Isle, was located in Malaleuca Gardens and sat on a 6,0000 sq ft lot in a single- family neighborhood with five houses to the acre. The applicant was requesting an after-the-fact variance to permit a dock to exceed the maximum projection of 6’ into the adjacent waterway (to project 6’6” into the adjacent waterway) and a variance to permit a dock to project into the required 5’ side setback so that ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATI ON FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Virtual Planning and Zoning Board/Local Planning Agency Minutes 2 March 17, 2021 there would be no side setback. The applicant informed that she built the dock herself and was unaware of the side setback as several of the older docks in the neighborhood did not have a side setback. Several neighboring properties provided a letter of support for the homeowner’s application and the neighbor most affected by the existing dock provided a notarized letter of no objection. There was one letter that expressed concern about this setting a precedent but Mr. Lorber explained that each variance was judged case-by-case on its own merit. This would not set a precedent. Assistant City Attorney Boutsis agreed that each variance was based upon the facts of each individual case. Mr. Lorber also went over each of the five criteria for a variance stating the variance applications met the requirements of Article 625 of the Land Development Code. The applicant supplied written justification identifying how her variance requests were consistent with the variance criteria and Staff recommended approval. The applicant was online and would answer any questions. Assistant City Attorney Eve Boutsis swore her in. Mr. Lorber answered Chair Robertson that there were no navigational issues. Mr. Jones was answered by Mr. Lorber regarding if permits were pulled for the other docks surrounding this dock, if the lack of a 5’ setback on the east side impacted the neighbor or gave the applicant specific exceptions or benefits, and that this would not impede waterway navigation. He was told that permits were pulled for other docks, the neighbor to the east was not impacted, and waterway navigation was not obstructed. As no other board members wished to speak and no members of the public had questions/comments or wished to speak, the public hearing closed. Motion was made by Albert Jones to approve this agenda item (VA-005-21) and was seconded by Vice Chair Harris. Motion passed 5-0. V. BOARD ITEMS 1. Upcoming Meeting Dates: April 21, 2021 VI. MEETING ADJOURNED As there was no further business to discuss, the meeting was adjourned by mutual consent at approximately 7:16PM. ATTEST: ______________________________ _______________________________________ IBEL LARIOS W. QUINN ROBERTSON, CHAIR BOARD CLERK PLANNING AND ZONING BOARD (Date) (Date) For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a file of the meeting by calling Ibel Larios at (954) 924-6805 X3792 or emailing ilarios@daniabeachfl.gov. ORDINANCE NO. 2021-___ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-10-21) SUBMITTED BY LAWRENCE KRAMER, ON BEHALF OF THE PROPERTY OWNER, 800 OLD GRIFFIN, LLC., FOR THE PROPERTY GENERALLY LOCATED BETWEEN BLOCK 3 AND BLOCK 2 TO THE IMMEDIATE NORTH AND SOUTH, RESPECTIVELY, AND BETWEEN THE INTERSECTION OF NORTHWEST 9TH AND 8TH AVENUES TO THE IMMEDIATE WEST AND EAST, RESPECTIVELY, WHICH RIGHT OF WAY IS CONTAINED WITHIN THE PLAT OF DANIA MANOR, RECORDED IN PLAT BOOK 10, PAGE 53, OF THE PUBLIC RECORDS BOOK FOR BROWARD COUNTY, WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS “NORTHWEST 3RD PLACE,” AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA, WHICH RIGHT OF WAY IS LEGALLY DESCRIBED IN EXHIBIT A, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, entitled Land Development Code (the “LDC”), Part 6, entitled “Development Review Procedures And Requirements,” Article 655, entitled “Vacations Of Right-Of-Way” of the City Code of Ordinances (the “City Code”), Lawrence Kramer, on behalf of the property owner, 800 Old Griffin, LLC (the “Applicant”), has applied to the City of Dania Beach (the “City”) for approval to Vacate the Right-of-Way (VC-10-21), known as “NW 3rd Place” (the legal description for the right of way is attached to this Ordinance as Exhibit A); and WHEREAS, the proposed vacation is identified in Exhibit B, which is attached and incorporated into this Ordinance; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on April 21, 2021 and recommended approval of the proposed right of way vacation; and WHEREAS, staff recommended approval of the proposed right of way vacation in its staff report to the City Commission dated April 27, 2021; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that granting the requested right of way vacation will not adversely affect access to neighboring properties and will not be detrimental to the public health, safety and welfare; and 2 ORDINANCE #2021-___ WHEREAS, the City Commission finds that NW 3rd Place is no longer needed as a road, and that it is in the best interest of the City to grant the request to vacate the right of way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Ordinance. Section 2. Pursuant to Chapter 28, entitled “Land Development Code,” Part 6, entitled “Development Review Procedures and Requirements,” Article 655, “Vacations of Right-Of- Way,” of the City Code, the requested right of way Vacation (VC-10-21), as delineated on the attached Exhibit “A,” is approved with the following condition: Provide the City with a copy of the recorded easement along the abandoned right of way area, which easement shall provide the City perpetual access to the easement area in order to maintain the City’s water line. Said easement shall be executed and recorded prior to the issuance of any building permit. The legal description for the easement area to be dedicated to the City shall be for the area identified in Exhibit B. Section 3. If any clause, section, sentence or phrase of this Ordinance is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. This Ordinance shall be in force and take effective immediately upon its passage and adoption. PASSED on first reading on April 27, 2021. PASSED AND ADOPTED on second reading on _____________, 2021. 3 ORDINANCE #2021-___ ATTEST: THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE #2021-___ EXHIBIT A LEGAL DESCRIPTION All that portion of the 30' Right-Of-Way of Northwest 3rd Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, DANIA MANOR, according to the Plat thereof recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. 5 ORDINANCE #2021-___ EXHIBIT B UTILITY EASEMENT 1PHASE I SITE PLANSP-1.IFLORIDA REGISTRATION No. 6273 LAWRENCE KRAMER, ARCHITECTLIC. # AA-C001953 4310 WEST BROWARD Blvd. Ste. 3 # Plantation, Fl, 33317 (954) 797-2821 - FAX (954) 797-2847 SOUTHEASTSHEET NUMBER:ARCHITECTS SERVICES, INC.SP-1.IREVISIONS:SCALE: 1:400PROJECT NUMBER:08-16DRAWN:SEACOLABORATE:LEGENDDEDICATIONVACATION OF NW 3ER PLACEDATE:5-29-2019NEWSBUILDING800 OLD GRIFFIN ROAD DANIA BEACH, FL 33004 800 OLD GRIFFIN LLCEASEMENT LOCATION MAPSCALE: N.T.S.800 OLD GRIFFIN ROADDANIA BEACH, FL 33004OLD GRIFFIN ROADOLD GRIFFIN ROADNW 3RD PLACENW 3RD TERRACENW 9TH AVENUE NW 8TH AVENUE SOUTH EAST ARCHITECT SERVICES, INC. 4310 W. Broward Blvd. Suite No. 3 Plantation, FL 33317 (O) 954-797-2821 (Fax) 954-797-2847 (E-Mail) ldk@searchitects.com 800 Old Griffin LLC 800 Old Griffin Road Dania Beach, Florida STATEMENT The public right-of-way which Applicant seeks to vacate, that is – that portion of Northwest 3rd Place lying between Northwest 8th and 9th Avenues, being precisely three hundred (300’) feet in length and thirty (30’) feet in width, first became a dedicated public right-of-way upon filing of the Plat of DANIA MANOR on January 5, 1926, now recorded in Plat Book 10 at Page 53 of the Public Records of Broward County, Florida. However, the afore-described portion of Northwest 3rd Place sought to be vacated remained raw and unimproved land from the beginning of time up until 1989 when applicant first acquired all of Block 3 of Plat Book 10, Page 53. Applicant has since likewise acquired all of Block 2 as well, representing all contiguous property abutting that portion of the subject public right-of-way presently requested be vacated. As stated, Northwest 3rd Place remained raw and unimproved land until a Road Construction Permit was issued Applicant in 1989 who proceeded to construct solely at its own cost and expense the only improved portion of Northwest 3rd Place lying within the Plat of DANIA MANOR. Construction Drawings were submitted and approved, a usual and customary Permit Fee was paid the City and the work, again solely at previous Applicant’s cost, was completed and approved. At no time has the previocs applicant been requested to waive any claim for or dedicate these improvements. In addition to have paid for construction of that portion of the proposed right-of- way requested to be vacated, at all times since completion of the road in 1989, previous and new applicant has solely serviced, maintained and exclusively used the road as a “service road” or “driveway” benefiting Applicant’s property which again includes both Blocks 2 and 3 of DANIA MANOR. During the twenty-nine (29) years previuos applicant since construction in 1989, he had expended substantial time and money clearing debris and rubbish dumped by those trespassing on applicant’s property which, indeed, have been the subject of numerous Code Enforcement Citations over the years. It is believed but for the unlawful dumping by third-party trespassers, this portion of Northwest 3rd Place serves no other public purpose and both the City, applicant and surrounding property owners would be best served by vacating the road which we believe to likewise be supported by both the Police and will impose no impediment to continued access by the Fire Department. And, thus under these circumstances vacation of the subject right-of-way is, indeed, well justified. LARRY KRAMER, PRESIDENT SOUTH EAST ARCHITECT SERVICES, INC. Date Christopher Burke 800 Old Griffin Road Dania Beach, Florida 33004 Chris.burke@mmsoa.com (954)993-3268 January 14, 2021 Teco Energy Corporate Office Headquarters 702 North Franklin Street Tampa, FL 33602 Attn: Legal Department- Required Notice To Utilities Of Application to Vacate Public Road Re: Matter : Notice Of Application To Vacate Public Road Address : That portion of NW 3rd Place in the City of Dania, Broward County, Florida lying between Northwest 8th & 9th Avenues To whom it may concern: We are writing pursuant to the requirements of the City Of Dania Beach, Florida, a municipality located within Broward County, Florida. More specifically, to provide a required Notice Of Application to Vacate a Public Road pursuant to the requirements of City of Dania Beach Code Section 655-20- Supplement Application Requirements, which provides, in part, as follows: Sec. 655-20. – Supplemental application requirements. (A) Evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated. Accordingly, our client 800 Old Griffin Road, a Florida Corporation, is Owner of certain commercial properties divided by a three (300’) foot portion of a public road, i.e. N.W 3rd Place, having been dedicated as such by that certain Corrected Plat of DANIA MANOR, dated January 4, 1962, recorded among the Public Records of Broward County, Florida in Plat Book 10, Page 53. The portion of the public road sought to be vacated that is – Northwest 3rd Place, is legally described as follows, to-wit: All that portion of the 30’ Right-Of-Way of N.W. 3rd Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, Dania Manor, according to the Plat thereof recorded in Plat Book 10, Page 53 of the Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. Since 1989, Applicant, 800 Old Griffin Road, has and continues to hold fee simple title to both, Block 3 and Block 2, Plat Book 10, Page 53, Broward County, Florida , and has filed an application with the City Of Dania Beach to vacate (…again) only that portion of the public right -of-way of N.W. 3rd Place situate, lying and being between Northwest 8th Avenue on the East, and Northwest 9th Avenue on the West, City of Dania Beach, Broward County, Florida. As stated Applicant is seeking to vacate only that portion of N.W. 3rd Place which abuts Applicant’s property; and, which Applicant, pursuant to a City of Dania Beach issued Building Permit in 1989, was permitted to improve as a paved road at Applicant’s sole cost and expense. Further, that portion of N.W. 3rd Place sought to be vacated is the only improved portion of N.W. 3rd Place within the geographic boundary of the Corrected Plat of DANIA MANOR, recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida. For purposes of clarification and assistance to you in locating the juxtaposition of the portion of N.W. 3rd Place sought to be vacated, we have enclosed with this required Notice Of Application To Vacate Public Records, the following: BOUNDARY SKETCH prepared by Southeast Architects Services, Inc. of Plantation, Florida, depicting both, the portion of NW 3rd Place to be vacated and identifying all surrounded property Owners and their respective Tax Folio Numbers for each. Please Note: Applicant, 800 Old Griffin Road, is the fee simple Owner of PARCELS “A”; “B”; “C”; “D”; “E”; “F” and “G” as are depicted on the attached Boundary Sketch. As stated, the within Notice To Utilities Of Intent To Vacate Public Road is being furnished to you pursuant to the requirements of the above-referenced Code Section of the Municipal Code of The City of Dania Beach, Florida; however, the within letter is precisely only that, i.e. a “notice” required of the Applicant and, as such, there is no requirement you take any further information, you may, by all means, contact the undersigned in this regard; or, alternat ively you may likewise direct any further inquiry to the City of Dania Beach, Building & Zoning Department, 100 West Dania Beach Boulevard, Dania, Florida 33004. Otherwise, thanking you for your kind attention in this matter. Christopher Burke Christopher Burke 800 Old Griffin Road Dania Beach, Florida 33004 Chris.burke@mmsoa.com (954)993-3268 January 14, 2021 Dania Beach Public Works 1201 Stirling Rd Dania Beach, FL 33004 Attn: Legal Department- Required Notice To Utilities Of Application to Vacate Public Road Re: Matter : Notice Of Application To Vacate Public Road Address : That portion of NW 3rd Place in the City of Dania, Broward County, Florida lying between Northwest 8th & 9th Avenues To whom it may concern: We are writing pursuant to the requirements of the City Of Dania Beach, Florida, a municipality located within Broward County, Florida. More specifically, to provide a required Notice Of Application to Vacate a Public Road pursuant to the requirements of City of Dania Beach Code Section 655-20- Supplement Application Requirements, which provides, in part, as follows: Sec. 655-20. – Supplemental application requirements. (A) Evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated. Accordingly, our client 800 Old Griffin Road, a Florida Corporation, is Owner of certain commercial properties divided by a three (300’) foot portion of a public road, i.e. N.W 3rd Place, having been dedicated as such by that certain Corrected Plat of DANIA MANOR, dated January 4, 1962, recorded among the Public Records of Broward County, Florida in Plat Book 10, Page 53. The portion of the public road sought to be vacated that is – Northwest 3rd Place, is legally described as follows, to-wit: All that portion of the 30’ Right-Of-Way of N.W. 3rd Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, Dania Manor, according to the Plat thereof recorded in Plat Book 10, Page 53 of the Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. Since 1989, Applicant, 800 Old Griffin Road, has and continues to hold fee simple title to both, Block 3 and Block 2, Plat Book 10, Page 53, Broward County, Florida , and has filed an application with the City Of Dania Beach to vacate (…again) only that portion of the public right -of-way of N.W. 3rd Place situate, lying and being between Northwest 8th Avenue on the East, and Northwest 9th Avenue on the West, City of Dania Beach, Broward County, Florida. As stated Applicant is seeking to vacate only that portion of N.W. 3rd Place which abuts Applicant’s property; and, which Applicant, pursuant to a City of Dania Beach issued Building Permit in 1989, was permitted to improve as a paved road at Applicant’s sole cost and expense. Further, that portion of N.W. 3rd Place sought to be vacated is the only improved portion of N.W. 3rd Place within the geographic boundary of the Corrected Plat of DANIA MANOR, recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida. For purposes of clarification and assistance to you in locating the juxtaposition of the portion of N.W. 3rd Place sought to be vacated, we have enclosed with this required Notice Of Application To Vacate Public Records, the following: BOUNDARY SKETCH prepared by Southeast Architects Services, Inc. of Plantation, Florida, depicting both, the portion of NW 3rd Place to be vacated and identifying all surrounded property Owners and their respective Tax Folio Numbers for each. Please Note: Applicant, 800 Old Griffin Road, is the fee simple Owner of PARCELS “A”; “B”; “C”; “D”; “E”; “F” and “G” as are depicted on the attached Boundary Sketch. As stated, the within Notice To Utilities Of Intent To Vacate Public Road is being furnished to you pursuant to the requirements of the above-referenced Code Section of the Municipal Code of The City of Dania Beach, Florida; however, the within letter is precisely only that, i.e. a “notice” required of the Applicant and, as such, there is no requirement you take any further information, you may, by all means, contact the undersigned in this regard; or, alternat ively you may likewise direct any further inquiry to the City of Dania Beach, Building & Zoning Department, 100 West Dania Beach Boulevard, Dania, Florida 33004. Otherwise, thanking you for your kind attention in this matter. Christopher Burke Christopher Burke 800 Old Griffin Road Dania Beach, Florida 33004 Chris.burke@mmsoa.com (954)993-3268 January 14, 2021 Florida Power & Light Headquarters 700 Universe Blvd. Juno Beach, FL 33408 Attn: Legal Department- Required Notice To Utilities Of Application to Vacate Public Road Re: Matter : Notice Of Application To Vacate Public Road Address : That portion of NW 3rd Place in the City of Dania, Broward County, Florida lying between Northwest 8th & 9th Avenues To whom it may concern: We are writing pursuant to the requirements of the City Of Dania Beach, Florida, a municipality located within Broward County, Florida. More specifically, to provide a required Notice Of Application to Vacate a Public Road pursuant to the requirements of City of Dania Beach Code Section 655-20- Supplement Application Requirements, which provides, in part, as follows: Sec. 655-20. – Supplemental application requirements. (A) Evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated. Accordingly, our client 800 Old Griffin Road, a Florida Corporation, is Owner of certain commercial properties divided by a three (300’) foot portion of a public road, i.e. N.W 3rd Place, having been dedicated as such by that certain Corrected Plat of DANIA MANOR, dated January 4, 1962, recorded among the Public Records of Broward County, Florida in Plat Book 10, Page 53. The portion of the public road sought to be vacated that is – Northwest 3rd Place, is legally described as follows, to-wit: All that portion of the 30’ Right-Of-Way of N.W. 3rd Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, Dania Manor, according to the Plat thereof recorded in Plat Book 10, Page 53 of the Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. Since 1989, Applicant, 800 Old Griffin Road, has and continues to hold fee simple title to both, Block 3 and Block 2, Plat Book 10, Page 53, Broward County, Florida , and has filed an application with the City Of Dania Beach to vacate (…again) only that portion of the public right -of-way of N.W. 3rd Place situate, lying and being between Northwest 8th Avenue on the East, and Northwest 9th Avenue on the West, City of Dania Beach, Broward County, Florida. As stated Applicant is seeking to vacate only that portion of N.W. 3rd Place which abuts Applicant’s property; and, which Applicant, pursuant to a City of Dania Beach issued Building Permit in 1989, was permitted to improve as a paved road at Applicant’s sole cost and expense. Further, that portion of N.W. 3rd Place sought to be vacated is the only improved portion of N.W. 3rd Place within the geographic boundary of the Corrected Plat of DANIA MANOR, recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida. For purposes of clarification and assistance to you in locating the juxtaposition of the portion of N.W. 3rd Place sought to be vacated, we have enclosed with this required Notice Of Application To Vacate Public Records, the following: BOUNDARY SKETCH prepared by Southeast Architects Services, Inc. of Plantation, Florida, depicting both, the portion of NW 3rd Place to be vacated and identifying all surrounded property Owners and their respective Tax Folio Numbers for each. Please Note: Applicant, 800 Old Griffin Road, is the fee simple Owner of PARCELS “A”; “B”; “C”; “D”; “E”; “F” and “G” as are depicted on the attached Boundary Sketch. As stated, the within Notice To Utilities Of Intent To Vacate Public Road is being furnished to you pursuant to the requirements of the above-referenced Code Section of the Municipal Code of The City of Dania Beach, Florida; however, the within letter is precisely only that, i.e. a “notice” required of the Applicant and, as such, there is no requirement you take any further information, you may, by all means, contact the undersigned in this regard; or, alternat ively you may likewise direct any further inquiry to the City of Dania Beach, Building & Zoning Department, 100 West Dania Beach Boulevard, Dania, Florida 33004. Otherwise, thanking you for your kind attention in this matter. Christopher Burke Christopher Burke 800 Old Griffin Road Dania Beach, Florida 33004 Chris.burke@mmsoa.com (954)993-3268 January 14, 2021 Comcast Corporate Headquarters 1701 JFK Blvd. Philadelphia, PA 19103 Attn: Legal Department- Required Notice To Utilities Of Application to Vacate Public Road Re: Matter : Notice Of Application To Vacate Public Road Address : That portion of NW 3rd Place in the City of Dania, Broward County, Florida lying between Northwest 8th & 9th Avenues To whom it may concern: We are writing pursuant to the requirements of the City Of Dania Beach, Florida, a municipality located within Broward County, Florida. More specifically, to provide a required Notice Of Application to Vacate a Public Road pursuant to the requirements of City of Dania Beach Code Section 655-20- Supplement Application Requirements, which provides, in part, as follows: Sec. 655-20. – Supplemental application requirements. (A) Evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated. Accordingly, our client 800 Old Griffin Road, a Florida Corporation, is Owner of certain commercial properties divided by a three (300’) foot portion of a public road, i.e. N.W 3rd Place, having been dedicated as such by that certain Corrected Plat of DANIA MANOR, dated January 4, 1962, recorded among the Public Records of Broward County, Florida in Plat Book 10, Page 53. The portion of the public road sought to be vacated that is – Northwest 3rd Place, is legally described as follows, to-wit: All that portion of the 30’ Right-Of-Way of N.W. 3rd Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, Dania Manor, according to the Plat thereof recorded in Plat Book 10, Page 53 of the Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. Since 1989, Applicant, 800 Old Griffin Road, has and continues to hold fee simple title to both, Block 3 and Block 2, Plat Book 10, Page 53, Broward County, Florida , and has filed an application with the City Of Dania Beach to vacate (…again) only that portion of the public right -of-way of N.W. 3rd Place situate, lying and being between Northwest 8th Avenue on the East, and Northwest 9th Avenue on the West, City of Dania Beach, Broward County, Florida. As stated Applicant is seeking to vacate only that portion of N.W. 3rd Place which abuts Applicant’s property; and, which Applicant, pursuant to a City of Dania Beach issued Building Permit in 1989, was permitted to improve as a paved road at Applicant’s sole cost and expense. Further, that portion of N.W. 3rd Place sought to be vacated is the only improved portion of N.W. 3rd Place within the geographic boundary of the Corrected Plat of DANIA MANOR, recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida. For purposes of clarification and assistance to you in locating the juxtaposition of the portion of N.W. 3rd Place sought to be vacated, we have enclosed with this required Notice Of Application To Vacate Public Records, the following: BOUNDARY SKETCH prepared by Southeast Architects Services, Inc. of Plantation, Florida, depicting both, the portion of NW 3rd Place to be vacated and identifying all surrounded property Owners and their respective Tax Folio Numbers for each. Please Note: Applicant, 800 Old Griffin Road, is the fee simple Owner of PARCELS “A”; “B”; “C”; “D”; “E”; “F” and “G” as are depicted on the attached Boundary Sketch. As stated, the within Notice To Utilities Of Intent To Vacate Public Road is being furnished to you pursuant to the requirements of the above-referenced Code Section of the Municipal Code of The City of Dania Beach, Florida; however, the within letter is precisely only that, i.e. a “notice” required of the Applicant and, as such, there is no requirement you take any further information, you may, by all means, contact the undersigned in this regard; or, alternat ively you may likewise direct any further inquiry to the City of Dania Beach, Building & Zoning Department, 100 West Dania Beach Boulevard, Dania, Florida 33004. Otherwise, thanking you for your kind attention in this matter. Christopher Burke Christopher Burke 800 Old Griffin Road Dania Beach, Florida 33004 Chris.burke@mmsoa.com (954)993-3268 January 14, 2021 AT&T Corporate Headquarters 208 South Akard St Dallas, Texas 75202 Attn: Legal Department- Required Notice To Utilities Of Application to Vacate Public Road Re: Matter : Notice Of Application To Vacate Public Road Address : That portion of NW 3rd Place in the City of Dania, Broward County, Florida lying between Northwest 8th & 9th Avenues To whom it may concern: We are writing pursuant to the requirements of the City Of Dania Beach, Florida, a municipality located within Broward County, Florida. More specifically, to provide a required Notice Of Application to Vacate a Public Road pursuant to the requirements of City of Dania Beach Code Section 655-20- Supplement Application Requirements, which provides, in part, as follows: Sec. 655-20. – Supplemental application requirements. (A) Evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated. Accordingly, our client 800 Old Griffin Road, a Florida Corporation, is Owner of certain commercial properties divided by a three (300’) foot portion of a public road, i.e. N.W 3rd Place, having been dedicated as such by that certain Corrected Plat of DANIA MANOR, dated January 4, 1962, recorded among the Public Records of Broward County, Florida in Plat Book 10, Page 53. The portion of the public road sought to be vacated that is – Northwest 3rd Place, is legally described as follows, to-wit: All that portion of the 30’ Right-Of-Way of N.W. 3rd Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, Dania Manor, according to the Plat thereof recorded in Plat Book 10, Page 53 of the Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. Since 1989, Applicant, 800 Old Griffin Road, has and continues to hold fee simple title to both, Block 3 and Block 2, Plat Book 10, Page 53, Broward County, Florida , and has filed an application with the City Of Dania Beach to vacate (…again) only that portion of the public right -of-way of N.W. 3rd Place situate, lying and being between Northwest 8th Avenue on the East, and Northwest 9th Avenue on the West, City of Dania Beach, Broward County, Florida. As stated Applicant is seeking to vacate only that portion of N.W. 3rd Place which abuts Applicant’s property; and, which Applicant, pursuant to a City of Dania Beach issued Building Permit in 1989, was permitted to improve as a paved road at Applicant’s sole cost and expense. Further, that portion of N.W. 3rd Place sought to be vacated is the only improved portion of N.W. 3rd Place within the geographic boundary of the Corrected Plat of DANIA MANOR, recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida. For purposes of clarification and assistance to you in locating the juxtaposition of the portion of N.W. 3rd Place sought to be vacated, we have enclosed with this required Notice Of Application To Vacate Public Records, the following: BOUNDARY SKETCH prepared by Southeast Architects Services, Inc. of Plantation, Florida, depicting both, the portion of NW 3rd Place to be vacated and identifying all surrounded property Owners and their respective Tax Folio Numbers for each. Please Note: Applicant, 800 Old Griffin Road, is the fee simple Owner of PARCELS “A”; “B”; “C”; “D”; “E”; “F” and “G” as are depicted on the attached Boundary Sketch. As stated, the within Notice To Utilities Of Intent To Vacate Public Road is being furnished to you pursuant to the requirements of the above-referenced Code Section of the Municipal Code of The City of Dania Beach, Florida; however, the within letter is precisely only that, i.e. a “notice” required of the Applicant and, as such, there is no requirement you take any further information, you may, by all means, contact the undersigned in this regard; or, alternat ively you may likewise direct any further inquiry to the City of Dania Beach, Building & Zoning Department, 100 West Dania Beach Boulevard, Dania, Florida 33004. Otherwise, thanking you for your kind attention in this matter. Christopher Burke 1 Carrie, Anne-Christine From:Chris Burke <chris.burke@mmsoa.com> Sent:Wednesday, April 7, 2021 10:33 AM To:Carrie, Anne-Christine Cc:Francisco Montaner Subject:Re: Outreach for 800 Old Griffin **CAUTION** This email originated from external sources. Do not open attachments OR click any links until you have verified the authenticity of the message and its contents. First post card pamphlet went out in the mail to all surrounding residence and businesses in excess of one mile on 12/23/20 1,500 post cards sent. Proof of mailing list and receipts uploaded to CAP Second mailing pamphlet went out in the mail to all surrounding residence and business in excess of one mile on 1/15/21 1,500 post cards sent. Proof of mailing list uploaded to cap 2/8/21 First call with Tammie James representative of Byrd Pointe HOA to discuss project, 2/11/21 Phone conversation with Vice mayor Marco Salvino, discussed scope of the project and possible concerns of Melaleuca gardens residents. 1/19/2021 Letters mailed to surrounding business properties regarding vacation of 3rd place, uploaded mailing receipts to CAP 3/23/21 and 3/25/21 multiple conversations again with Tammie James of Byrd point HOA, more digital renderings of the project sent to HOA, I made the request for a zoom call with the HOA if Tammie felt it was necessary. Tammie informed me the residents in Byrd pointe did not have any current issues with the project and a zoom meeting was not necessary at that time. I ordered any additional information if any residence in the HOA had any questions and provided my direct number to the HOA if additional information or questions were posed. 2/10/21 Letter provided from resident of Melaleuca gardens Curtis Sherrod 1451 N.W 10th street Dania Beach, FL 33004 attesting to receiving both post card mailings and providing his support to both our business and the construction project. 2/8/21 Phone calls place to two Melaleuca residence with no response to either number, Rae Sandler and Anne Castro 3/11/21 3/12/21 and 3/13/21 placed phone calls and left voicemails for Ian Wood per a public records request from Anne Christine Carie, I did not receive any returned calls from Ian Wood. 3/23/21 Phone conversation with Kerm Kemp JR 907 NW 7th street Dania Beach FL, resident of Melaleuca gardens lives directly across the Dania Cut off canal from the project site. Mr Kemp stated he received both mailing post cards and had no issue with the project, He also had not heard of anay surrounding neighbors having any issues with the project. 2 South Florida Boat Center 19606 SW 69th Place Pembroke Pines Fl, 33332 Mobile:954-993-3268 Fax: 954-252-3345 MMSOA.COM Southfloridaboatcenter.com On Apr 6, 2021, at 5:43 PM, Carrie, Anne-Christine <ACarrie@daniabeachfl.gov> wrote: Good afternoon Please send me a summary of your outreach efforts for the 800 Old Griffin Rd project. In this document, please include dates, locations, names, photographs, letters and sign in sheets. Thank you <image001.png> Anne-Christine Carrie Senior Planner | City of Dania Beach ACarrie@daniabeachfl.gov | daniabeachfl.gov 100 W Dania Beach Blvd | Dania Beach , FL , 33004 Phone:954-924-6800 x3654 <image002.png> <image003.png> <image004.png> Web: daniabeachfl.gov | App:AskDaniaBeach RISE - Respect, Integrity, Standard of Excellence Please note: Florida has a very broad public records law. Most written communications to or from City Officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Christopher Burke 800 Old Griffin Road Dania Beach, Fl. 33004 (954) 233-1983 Chris.burke@mmsoa.com January 19, 2021 La Valliere Roussy Family 1001 Old Griffin Road Dania Beach, Fl. 33004 Dear La Valliere Roussy Family, Please be advised that 800 Old Griffin Road has been purchased by Mr. Burke. With the expansion of his company we have asked the City of Dania Beach to vacate NW 3rd Place, and in exchange we will be widening NW 9th Ave from 15 feet to 20 feet to maintain ease of access to your property. If you have any questions please feel free to reach out to me directly by phone or email. Thank you for your cooperation. Kind Regards, Christopher Burke 1 Carrie, Anne-Christine From:Urow, Barbara Sent:Tuesday, February 9, 2021 10:26 AM To:Carrie, Anne-Christine Subject:800 Old Griffin Rd Hi Anne-Christine, The property at 800 Old Griffin Rd has one open case in the previous owners name. This case is being closed out today. Let me know if you need anything. Can you give me the new owners name and contact information. I had it but can’t seem to locate it right now… Barbara Urow Code Compliance and Parking Supervisor | City of Dania Beach burow@daniabeachfl.gov | daniabeachfl.gov 100 W Dania Beach Blvd. | Dania Beach, FL 33004 Phone: 954-924-6800 ext. 3718 | Fax: 954-924-6812 Please note: Florida has a very broad public records law. Most written communications to or from City Officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 1 Francisco Montaner From:Chris Burke <chris.burke@mmsoa.com> Sent:Thursday, December 3, 2020 10:42 AM To:Francisco Montaner Subject:Fwd: City of Dania Beach - Lien Search South Florida Boat Center 19606 SW 69th Place Pembroke Pines Fl, 33332 Mobile:954-993-3268 Fax: 954-252-3345 MMSOA.COM Southfloridaboatcenter.com Begin forwarded message: From: "Jelaso, Megan" <mjelaso@daniabeachfl.gov> Subject: City of Dania Beach - Lien Search Date: December 3, 2020 at 10:40:19 AM EST To: "'cburke@sfboatcenter.com'" <cburke@sfboatcenter.com> Good Morning,     Please find the below results for the address: 800 Old Griffin Rd (folio – 5042‐34‐00‐0202).      Water – N/A – Parking Lot      Code Violation – None       Open Building permits may exist on this property. Contact Building & Zoning 954‐924‐6800 Ext  3633      Other Amounts – None      Property As Reference is clear of liens placed by the City of Dania Beach – Yes        City hall is closed so we are working from home. We apologize for any inconvenience.     Have a Great Day    2   Megan Jelaso   Revenue Coordinator III | City of Dania Beach   mjelaso@daniabeachfl.gov | daniabeachfl.gov   100 W Dania Beach Blvd. | Dania Beach, FL 33004   Phone: 954‐924‐6800 ext. 3672 | Fax: 954‐922‐5619      Please note: Florida has a very broad public records law. Most written communications to or from City Officials regarding City business are  public records available to the public and media upon request. Your e‐mail communications may therefore be subject to public disclosure.