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2021-08-11 Special Virtual Planning and Zoning Board/Local Planning Agency Agenda packet
CITY OF DANIA BEACH E) PLANNING AND ZONING BOARD I LOCAL PLANNING AGENCY SPECIAL VIRTUAL MEETING COMMISSION CHAMBERS DANIA BEACH Wednesday, August 11, 2021 SEA It. LIVE II. LOVE IT. 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 1VITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR FEARING WILL NEED A RECORD OF THE PROCEEDINGS. AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE WON WHICH THE APPEAL 1S TO BE BASED. LOBBYIST REGISTEATION IS REQUIRED. PRIOR TO ENQAGIN0 IN ANY LOI1DYCNO AMWTIES, 1YMIMR OR NOT COMPrNSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL PILE WITH THi CITY CLERK AN ANNUAL REGISTRA71ON STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS (S]00.00) REGISTRATION FEE FOR a u IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDTNOS SHOULD CONTACT THE CITY CLEKK'S OFF]PE, 100 W. DANIA BEAC14 BOULEVARD, DANIA BEACH, FL 33004, (95,1) 924.6800 EXTENSION 3624, AT LFAS'r 41 HOURS PKWIRTO T14C MEETING, vi CONSWERATION Or OTNGkS, 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 DRDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO TIIE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETINO, I. ROLL CALL II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from the June 16, 202I & July 21, 2021. III. PUBLIC HEARINGS 1, VA-38-21/ VA-40-21: The applicant, Sonja Foster, is requesting variances to waive the distance separation requirements of one-thoLlsands five -hundred (1,500) feet between places of worship/public assembly as required by Section 302-24(a) (6), and a waive a portion of the minimum required off-street parking required by Section 265-50, for the property located at 714 South Federal Highway (Continuedfronr July 21' meeting). 1 T-051-21: The applicant, City of Dania Beach, is requesting a text annendmunt to the City Code, to adopt the new Seawall Height mandate by Broward County. 3. VA-053-21: The property owner, Gabriel de Las Salas, is requesting a variance to allow a rear setback of five (5) feet where fifteen (15) feet are required by Code, for the property located at 409 SE 31d Terrace, W. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. 2. Upcoming meeting dates: September 22, 2021 V. MEETING ADJOURNED Planning and Zoning Board AGrENDA H.Woninninity Develovnreni Work Fohleri--PZ BoardtP-ZAeendas12421 VIRTUAL REGULAR MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY DANIA BEACH WEDNESDAY, JUNE 16, 2021 S�aILINS IT.LOW 11, r 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE Wrl1I RLOARIj 'I'0 ANY MATTER CONSIDERED ATTHIS IS ml�'I-. [NCr OR HEARING Wl4l. NEED A RECORD OF THE PROCEEDINC, AND FOR SUCH PURPOSE MAY NIMIS'IQ ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH R LCORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE. APPEAL IS TO BE RASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO CNGAQING IN ANY LOBBYING ACTIVITIES, N1nBTHFR OA NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH 'THOSE ACTIVITIES, EACH LOBBYIST SHALL r11-E WITH THE CITY CLCRK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOU.ARS ($100.00) REGISTRATION PEE FOR > ACH PRINCIPAL OR EM?L0Y1.1z. REOISTAATION FORMS ARE AVAILASLE ON THE CITY WEB SITE: 1VWIV.DAN1A0EACHFL,G0V. (ORDINANCE 02012.019) IN ACCORDANCE WITH THE AMERICANS WITH DISASILITIES ACT, PERSONS NEEDING ASSIS"YANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT Tt(h CITY CLERIC'S OFFICE, 100 %y DANIA BEACH BOULEVARD DANIA BEACH, FL 3300.1,104) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO TI IF n11mETING. IN CONSIDERATION OF OTHER$, WS ASK THAT YOU A PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAXr A CAI,l., PLEASE STEP OUT INTO TIfB ATRIUM. IN ORDER NOT TO INTERRUPT THE MEETING. H. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE XrItIUM, IN ORDER NOT TO INTERRUPT THE MEETING, I. ROLL CALL The meeting was called to order at approximately 7-01PM by Chair W. Quinn Robertson. Board Clerk Ibel Larios called the roll. Chair W. Quin Robertson, PhD, LISP Present Vice Chair Sill Flarris Present Albert C. Jones Present Charlotte Sloboda (Alternate) Present Jonathan Thomas Absent then logged on late Derrick Flankerson Absent Others Present: Kelly Ray, Leigh Robinson Kerr & Associates Leigh Derr, Leigh Robinson Kerr & Associates Eve Boutsis, Assistant City Attorney Eleanor Norena, CPM, Director Comm Dev Corinne Lajoie, AICP, Asst Director Comm Dev Richard Lorber, AICP, Planning and Zoning Manager lbel Larios, Board Clerk Chair Robertson discussed excusing tonight's absence for both Board Member Thomas and Board Member Hankerson. Motion teas made by Vice Chair Bill Harris to excuse Jonathan Thomas' absence and Derrick Hankerson's absence and was seconded by Albert Jones. Mallon passed 4-0. 11..APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Boardl Local Planning Agency from the April 21, 2021 virtual regular ineeling. Motion was made by Vice Chair Bill Harris to approve the minides of the virtual meeting of the Planning & Zonir'tg .BoardlLocal Planning Ageney from April 21, 2021 as presented and was seconded by Albert Jones. Motion passed 4-0. III. PUBLIC HEARINGS 1. VA-031-21: The applicant and property owner, Charles Camacho, is requesting a variance to place pool equipment at three (3'-0") feet from the north side property line, where section 215-50(E) requires a minimum of seven (7"-0") feet from the property line for the property located at 206 NE 2111 Avenue. Assistant City Attorney Eve Boutsis swore in Staff (Assistant Director Community Development Corinne Lajoie and Planning and Zoning Manager Richard Lorber) and if an applicant or representative wished to speak, she would do the swearing in at that time. With the public hearing opened, Planning and Zoning Manager Richard Lorber gave a PowerPoint presentation. He stated that everyone within a thousand feet radius was notified of this proposed pool equipment variance and it was advertised and posted also, This property was an existing single-family home with no outstanding code violations. He pointed out on the survey that the north side of the property was adjacent to a platted alley and that a six foot existing wooden fence would screen the pool equipment from the alley and the neighbors. The applicant was requesting to place the pool equipment at three feet from the north side property line and Section 215- 50(E) required a minimum of seven feet from the properly line. He said that this was the right spot for the pool equipment to minimize neighbor intrusion. He went over the criteria for this variance and stated that the applicant has provided written justification that met the criteria of the band Development Code. Staff recommended approval, Mr. Lorber would answer any questions and said Mr. Camacho was also in attendance tonight. Albert Jones asked what the pool equipment consisted of and Mr. Carnacho answered just the electrical pump. For the record, Jonathan Thomas was able to log on to the meeting (around 7:07PM) and 'Vice Chair Bill I•Iarris lost his connection. As no other board members wished to speak or ask questions and no members of the public had questions/comments or wished to speak, the public hearing closed. Motion was made by Chair Robertson to approve this agenda item (VA-031-21) and was seconded by Albert Jones. Motion passed 4-0. (Robertson, Jones, Sloboda and Thomas voted for and Harris lost his connection and did not vote) 2. TX-032-21: The applicant, City of Dania Beach, is requesting several zoning text amendments to the City's Unified Land Development Code, known as OneCode. For the record, there were now five board members present as Vice Chair Harris was able to reconnect. Assistant Director Community Development Corinne Lajoie gave a PowerPoint presentation stating that in the new Land Development Code known as OneCode, there were errors, inaccuracies and ambiguous language that needed to be updated. She explained the list of proposed amendments to the code regarding Townhomes, Parking -Day Care Use, Outdoor Dining, South Federal Highway -Mixed Use Zoning Districts, Temporary Special Event Signs and Temporary Use. The board, tonight, was to make a recommendation to the City Commission. Ms. Lajoie asked for questions and Chair Robertson inquired about the increase of the allowable townhome building coverage per lot from 40% to 50% and Ms. Lajoie explained what the coverage would entail and that this was in the range of normal for the region, Albert Jones asked about firewalls and Ms. Lajoie answered that the form of construction was not changed and firewalls would still exist. He also wanted to know if temporary parking was during the time of construction and it was. There was also in the code when time of construction could occur. This would also allow signs if needed where contractors could park and walk to the construction site. Vice Chair Harris spoke about the importance of offsite temporary parking for construction workers. As no other board members wished to speak or ask questions and no members of the public had questions/comments or wished to speak, this agenda closed. Motion was made by Vice Chair Harris to recommend approval oflhis agenda r'te►n (TIC-033-21) to the City Commission and runs seconded by Alberl Jones. Motion passer! 5-0. 3. OT-033-21: Approval of the Water Supply Plan for the City and associated amendments to the City's Comprehensive Plan, ,Assistant Director Community Development Corinne Lajoie said that this was a City application but the City's consultant would give the presentation. Kelly Ray from Leigh Robinson Kerr & Associates explained her PowerPoint slide giving details regarding the City's Water Supply Plan (WSP) and Comprehensive Plan update. As background, she said that the State required a stronger connection between a regional WSP and the local Comprehensive Plan, The WSP was to identify and plan for the water supply for existing and new development within a ten year timeframe, for now would he through 2030. For background information, the South Florida Water Management District (SFWMD) updated its regional plan in 2018 and the City must update its WSP and incorporate the changes in their Comp Plan for Potable Water Sub -Element, Future Land Use Element, Conservation Element, and Proposed Capital Improvements Element. The City was served by both the City and Broward County. Tonight, the board was to make a recommendation to the City Commission. She called for questions and Albert Jones Virtual Planning and Zoning BaardlLocal Planning Agency Mirnda 2 Arte Ib, 2021 questioned new water in the City and if the wells were ground water, potable, or what. Kelly Ray spoke about new wells and Leigh Kerr said there were wells on the east from the City and on the west side it was from the County. He spoke about future options and one of the things was a reservoir in Palm Beach County that for a fee would allow for reserving water capacity. Albert Jones asked if Dania Beach could accommodate a bigger population. Mr. Kerr said that they calculated growth. for the next ten years and that they would be able to accommodate it. This would have to be readdressed for the next ten year update. Vice Chair Harris pointed out where it was written about an adequate potable water supply through 2030. The Chair called for more questions but there weren't any more. As no other board members wished to speak or ask questions and no members of the public had questions/comments or wished to speak, this agenda closed. Motion was usade by Albert Janes to recontmend approval of this agenda itent (OT-033-21) to the City Commission and was seconded by Vice Chair Harris. Motion passed S-a 4, TX-039-21: The applicant, City of Dania Beach, is requesting to amend the list of the entities that can request a waiver of the public art fee. Assistant City Attorney Eve Boutsis said that she did not have a presentation but would talk about this pretty simple modification. fhe City Code of Ordinances, Code Sec. 81.1-60, provided for possible exemption. to be granted by the City Commission from the Public Art Program for four categories (projects consisting of reconstruction of structures due to fire, flood, wind, or other natural disaster, schools, churches or places of worship, and affordable housing and projects receiving economic development grants or incentives). There did not appear to be a violation of state or federal law by removing the exemption from private schools, religious institutions, and affordable housing projects and this could then become part of the code. She called for questions and Albert Jones wanted to know the purpose and intent of the art fee and Ms. Boutsis replied that this fee would allow for public projects for the entire community. She spoke about collecting money now and currently developing a board and a public art program so that the funds could be used to put public art in our parks, etc. Mr. Jones wanted to know if a builder would have to pay this art fee, Ms. Lajoie said that this program was applicable to projects valued at a million dollars or more and that fee would be'1a percent the value of the construction, He was further answered that both the program itself and the proposed changes were City Commission initiated and that there would be a new, separate art board with specific qualifications for setting the criteria and giving advice on how to expend the funds, Ms. Lajoie said that because there was a potential to collect a considerable amount of money, they were working with a consultant to create a public arts plan, which would identify the new board with regulations and guidelines on how to implement the program to be administered by art professionals. Mr. Jones said that the art had to be appropriate and welcome within the community. As no other board members wished to speak or ask questions and no members of the public had questions/comments or wished to speak, this agenda closed. Motion ovas trade by Vice Chair Harris to recommend that the City Conzinission adopt this agenda item (TX-039-21) and was seconded by Charlotte Sfoboda. Mrltion passed 5-0. I'V. BOARD ITEMS 1. Upcoming Meeting Dates; July 2l, 202 1 Assistant Director Community Development Corinne Lajoic said that this meeting would be a live (in person) meeting in the City Commission Chamber at City Hall. Board Member Thomas said that he has to talk with someone about maybe still attending virtually. Ms. Lajoie said that accommodations would be made. V. ME,ETING ADJOURNED As there was no further business to discuss, the meeting was adjourned by mutual consent at approximately 7:40PM. Virtual Planning and Zoning BoardlLocal Planning Agency Minutes 3 AMC 16, 2021 ATTEST: [BEL LARIOS BOARD CLERIC W. QUINN ROBERTSON, CHAIRPERSON PLANNING AND ZONING BOARD (Date) (Date) For more details regarding this meeting of the Flanning and Zoning Board/Local Planning Agency, please request a Zile of the meeting by calling Ibel Larios at (954) 924-6905 X3692 or emailing ilario.3@daiiiabeaclifl.gov. Ylrlrurl Planning and Zoning lWra Local Planning rlgencjr Minutes 4 June 1 b, a021 IN-PERSON/VIRTUAL MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY MNIA BEACH WEDNESDAY, JULY 21, 2021 SIAITAIVI ILLOVE IT. ! :00 PM ANY PERSON WHO DECIOn ,rO APPEAL ANY DECISION MAUr WITH REGARD TO ANY MATTER CONSIDERtO AT THIS MEETING OR HEARING WILL NEED A R$CORIS OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES 'n-M 70TIMONY AND F.VIDBNCF UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REOISTRNHON IS RI<QUtMD PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION 19 PAiD OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL. FILE WITH 111r CITY CLERK AN ANNUAL ILEG1STRAT[ON STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS CS100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR 8MPI.OYER. REGISTRATION FORMS ARE AVAILABLE ON TILL Cl7Y 1VEBSITE: WWW.bANIAi;l A{:liPl„C,:OV(pittflNANC'E d2012019j IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDrNos SHOULD CONTACT TITS CITY CLERIC'S OFFICE. 100 W,17ANIA SEACFI BOULEVARD. DAN[A BEACH, FL 3300d. (95d) 924-580D EXTENSION 3624, AT LEAST d8 HOURS PRIOR TO THE MEETING, IN CONSIDERATION OF OTHER& 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 TI0- I lJwF%l IN0, 8. IF YOU MUST SP@AK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY DR GO OUT INTO THE ATRIUM, IN ORDER NOT TO TNTE•RRUPT THE MEETING. Please mole that this was to be air in -person hearing which was also to be combined ►with virtual attendance using communications media technology via .Doom plat ornr. At approximately 7:10PM, the Chair opened for those in attendance and Board Clerk lbel Larios (attended in person) called the roll. City Attorney Thomas Ansbro (attended virtually) and Assistant Director Community Development Corinne Lajoie (attended in person) explained after waiting for a quorum (which required the attendance of at least three board members to be in -person), there were two board members (Chair Robertson and Jonathan Thomas) attending in -person and one board member (Albert Jones) attending virtually as Derrick I•lankerson previously signed off on his virtual attendance. The lack of three in -person board members meant there was no quorum and no business could be conducted denoting the meeting could not take place. She announced that tonight's agenda item would be continued to the upcoming August Planning and Zoning Meeting with its date certain of August 18, 2021 to be held at the same time and place, She explained that Notices would not be mailed out as the item was continued, She further explained that those who wanted to speak tonight could but no decision would be made. As no one requested to speak, those in attendance (both in -person and virtual) departed at approximately 7,13PM. Below denotes tonight°s agenda. 1. BOLL CALL II. APPROVAL OF MINUTES 1. Approval q f Minutes of the Planning and Zoning Board / Local Planning Agency front the June 16, 2021 virtual regular meeting. III. PUBLIC HEARINGS 1. VA-38-21/ VA-40•-21. The applicant, Sonja Foster, is requesting variances to waive the distance separation requirements of one -thousand five -hundred (1,500) feet between places of worship/public assembly as required by Section 302-20(a)(6), and to waive a portion of the minimum required off-street parking required by Section 265-50, for the property located at 714 South Federal Highway. IV. BOARD ITEMS 1. Upcoming Meeting Dates: August 18, 2021 V. MEETING ADJOURNED ATTEST: IBEL LARIOS W. QUINN ROBERTSON, CHAIR BOARD CLERK PLANNING AND ZONING BOARD (Date) (Date) For more details regarding tonight, please request a file of the meeting by calling Ibel Larios at (954) 924- 6805 X3643 or emailing ilarios@daniabeachfl.gov. ln-Person/Yirlual Planning and Zordng Boardll nru11'lrror+rrrrg Agency 11 binies 2 ,jury 21, 2021 BDANIA BEAC�I CITY OF DANIA BEACH ssarr.Lnrr:rr.LoveIT. COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 11, 2021 TO: Planning and Zoning Board VIA: Eleanor Norena, CFM, Director allll� FROM: Corinne Lajoie, AICP, Assistant Director ' j�4,0,� Richard Lorber, AICP, Planning and Zoning Manager/,'I, SUBJECT: VA-038-21-VA-040-21: The applicant, Sonja Foster, is requesting variances to waive the distance separation requirement between places of worship/public assembly, and to waive a portion of the minimum required off-street parking, for the property located at 714 S. Federal Highway. REQUEST VARIANCES 1. To request a 420 foot separation between places of worship; the LDC requires one -thousand five -hundred (1,500) feet between places of worship/public assembly as required by Section 302-20(a)(6). 2. To allow 20 parking spaces; 23 parking spaces are required. PROPERTY INFORMATION • EXISTING ZONING: South Federal Highway Mixed -Use (SFED-MU) • LAND USE DESIGNATION: Regional Activity Center (RAC) • SITE ACREAGE, 16,909 Square Feet / 0.39 acres • EXISTING USE: Vacant commercial • VIOLATIONS ON PROPERTY: None. PUBLIC HEARING NOTICE This item was duly advertised, posted and noticed as per Article 610 of the LDC. On July 21, 2021, the Planning & Zoning Board failed to obtain a quorum so the item was continued to August 18, 2021. At the applicant's request, a special meeting was scheduled. New public hearing notices have been sent out. VARIANCE 1. DISTANCE SEPARATION The applicant, Sonja Foster, Executive Pastor of the Fresh Church, is proposing to locate a place of worship at 714 S. Federal Highway, within an existing commercial building on the property. The building was last operated as a fitness center and has been vacant for several years. The LDC permits places of worship within the SFED-MU zoning district, with the condition that they are separated by one -thousand five -hundred (1,500) feet from another place of worship use. The Lighthouse Community Church has been located two blocks north of the August 11, 2021 VA-038-21 VA-040-21 Page 2 subject property at 650 S. Federal Highway for many years. The location of the newly proposed place of worship is approximately 420 feet from the existing church to the north, and so requires a variance to waive the required 1,500 foot distance separation. Section 625 of the City's LDC provides that the City Commission or Planning and Zoning Board, as applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. (1) '"That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city." The request maintains the basic intent of the code to ensure that places of public assembly have adequate space for operations and parking. No major alterations are proposed for the building. Programming is proposed primarily for Sunday morning services and Wednesday evening activities. These activities are daring off-peak traffic hours; a check of the activity calendar for the nearby Lighthouse Community Church shows more events on other days of the week, limiting the potential for traffic problems from multiple events or gatherings. (2) "That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The proposed church at this location would not be detrimental to the surrounding community and would be compatible with the neighborhood and surrounding uses. Assembly uses are well spaced out along Federal Highway and have fit in well with the surrounding neighborhoods. (3) "That the requested variance is consistent with, and in furtherance of, the goats, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city_" The request in consistent with the goals, objectives and policies of the City's Comprehensive Plan, and especially with Objective XXV11 of the Future Land Use Element, which encourages compact development reflecting characteristics which include a mixture of community -serving uses such as commercial, office, employment, civic, and institutional, recreation and open space and residential, characterized by an efficient infrastructure, close-knit neighborhoods and sense of community, preservation of natural systems, promotion of pedestrian circulation and convenient access to mass transit facilities through the establishment of a Regional Activity Center land use category. (4) "`hat the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome." August 11, 2021 VA-038-21 VA-040-21 Page 3 The applicant has chosen to locate their place of worship on Federal Highway, fairly close to a long-standing church located two blocks to the north. The presence of the existing church requires any proposed public assembly use along a more than one-half mile segment of U. S. 1 to obtain a distance separation variance. (5) "That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety Lind welfare of the community." The request is the minimum necessary in order to afford zoning relief to the applicant; granting the request would allow the church to occupy the site with a public assembly/place of worship, and nothing more. The applicant has provided written justification identifying how this request is consistent with these criteria. 2, (BARKING VARIANCE The parking requirement for places of worship/public assembly is one (1) parking space per four (4) seats, plus one (1) per 1,000 square feet of all assembly areas. The proposed floorplan shows a total of seventy (70) seats in the approximately 2,000 square foot main sanctuary. Other areas on the first floor are shown as meeting rooms, pastor's office, and the entry vestibule, totaling approximately 1,O00 square feet. Upstairs is an open room of approximately 2,000 square feet. The proposed church is located along the South Federal Highway transit corridor, where the highest level of mass transit service is provided by Broward County Transit. The applicant has described that the church intends to encourage carpooling, mass transit, and other transportation methods. The application states that they are working on arranging any needed temporary extra parking within the area. As per Section 265-50 of the LDC, twenty three (23) parking spaces are required for this proposed plan. The existing property contains twenty (20) parking spaces on -site. Therefore, this is a variance request to waive three (3) of the twenty three (23) on -site parking spaces required. This amounts to a thirteen (13%) percent reduction in total required parking. Section 625 of the City's LDC provides that the City Commission or Planning and Zoning Board, as applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. (1) "That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city." August 11, 2021 VA-038-21 VA-043-21 Page 4 The request maintains the basic intent of the code to ensure that places of public assembly have adequate space for operations and parking. This is provided. (2) "That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. The proposed church at this location would not be detrimental to the surrounding community and would be compatible with the neighborhood and surrounding uses. (3) "That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city." The request in consistent with the goals, objectives and policies of the City's Comprehensive Plan, and especially with Policy 8.8 that encourages community facilities to be located close to major traffic corridors and mass transit routes adequate to carry the volume of traffic generated by such facilities. (4) "That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome." The applicant has proposed the adaptive reuse of are existing vacant commercial building with a fixed number of parking spaces. There is no opportunity to add additional parking spaces on the site, but a variety of transit options are available. (5) "That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community." The request is the minimum necessary in order to afford zoning relief to the applicant; granting the request would allow the place of worship to be operated with the existing number of parking spaces on site, and nothing more. The applicant has provided written justification identifying how this request is consistent with these criteria. STAFF RECOMMENDATION Approve the resolution. RESOLUTION NO.2021-PZ-003 A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A VARIANCE (VA-038-2.1) WAIVING THE DISTANCE SEPARATION REQUIREMENT OF ONE -THOUSAND FIVE -HUNDRED (1,500) FEET BETWEEN PLACES OF PUBLIC ASSEMBLY REQUIRED BY SECTION 302- 20(A)(6) OF THE LAND DEVELOPMENT CODE (LDC), AND A VARIANCE WAIVING A. PORTION OF THE MINIMUM REQUIRED OFF-STREET PARKING REQUIRED BY SECTION 265-50 OF THE LDC; SUBMITTED BY THE APPLICANT, SONJA FOSTER, FOR PROPERTY LOCATED AT 714 SOUTH FEDERAL HIGHWAY WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Part 2 of the Darya Beach Land Development Code (tine "LDC"), at Section 302-20(A)(6), entitled "Conditions of Use," states that uses that qualify as places of assembly are permitted subject to a minimum distance separation of one thousand five hundred (1,500) feet, measured from property line to property line, between any two (2) assembly uses; and, WHEREAS, the applicant, Sonia poster (the "Applicant"), has requested a variance (VA- 038-21) of the distance separation requirement for property located at 714 South Federal Highway, Dania Beach legally described in Exhibit "A," pursuant to Section 110-50(E) of the LDC, and a variance (VA-040421) waiving a portion of the minimum required off-street parking required for places of public assembly by Section 265-50 of the LDC; and WHEREAS, LDC Section 625-40 states that the Planning and Zoning Board may grant a variance based on its determination that the Applicant has demonstrated that the criteria identified in the City Code have been satisfied; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Cade; and WHEREAS, the Planning and Zoning Board conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHERE+ AS, the Planning and Zoning Board finds that the Variance (VA-038-21 and VA- 040-21) request is consistent with the LDC and Comprehensive Plan; NOSY THEREFORE, BE IT RICSOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WIMIRLA,S" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That this certain application (VA-438-21) fora variance to Section 302-20(A)(6) of the LDC, waiving the 1,500 foot distance separation requirement between places of worship (assembly uses), is approved. Section 3. That this certain application (VA-040-21) for a variance waiving a portion o the minimwm required off-street parking required for places of public assembly by Section 265-50 of the LDC, is approved. Section 4. 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 undertakes actions that result in a violation of state or federal law. Section S. Pursuant to Section 625-50 "Expiration of Variances," of the Land Development Code, the variances (VA-038-21 and VA 040-21) 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 6. That the associated Planning & Zoning Division Staff Report prepared for application VA-038-21./VA-041-21 is hereby incorporated into this resolution as findings of fact. Section 7. That all resolutions or parts of resolutions in conflict with. this Resolution are repealed to the extent of such conflict. Section S. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED an August I V', 2021, ATTEST: WEL LARIOS BOARD CLERK W. QUfN ROBERTSON, CHAIRPERSON PLANNING ,AND ZONING BOARD 2 RESOLUTION ##2021-PZ-003 APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY RESOLUTION #2021-PZ-003 EXHIBIT "A" LEGAL DESCRIPTION 3-5I,42 NE1/4 OF NE1/4 OF SWIA AS DESC IN OR 3091/230; LESS ELY 7 FOR RD R/W a/k/a 714 SOUTH FEDERAL HIGHWAY 4 RESOLUTION #2021-PZ-003 I I.,.— 1ITZION9 -%F- 41 ui—Q.145n-nuAktV Q OL W: jo 16 J.- LIN na" 1,40 Ix Paw Mh- 4L I Ar''A z x r_%_ L 5 All ilp a- qw Jot. 9w 19 we Nd 17 ML THE FRESH CHURCH To whom it may gym, This letter is in request for the Separation of Distmce variance for The Fresh Church at 714 S Federal. Highway Dania Beach FL, 33004. Federal Highway is one of the highest populated and most notable- highways in the South Florida area As motorist drives through Dania Beach, Federal Highway gives a glimpse of the City°s commitment to community and possibility. The Fresh Church and being on this major thoroughfare present a number of opportunities_ As our church is an outreach focused center, we provide free community outreach events like "Back to School Supply" drives, beach clean-up days, community service days, voting drives, Free car washes just to name a few. These activities gives both citizens and passersby a feel for the community that Dania Beach is. Each weekend our worship gatherings are populated with people from all ages and stages of life, black, white, Hispanic, Asian, and the list goes orL Our distance, as it pertains to the other amazing churches and business that are near us presents an even bigger picture of unity and family for the city of Dania Beach. We look forward to serving our community alongside these other churches of Dania Beach. Since The Fresh Church is primarily comprised of millennials who by in large enjoy the social service aspect of their faith We provide trade skirl Mining for teens, marriage and parenting classes as well as crisis counseling These services are all free and our location allows for passersby to be exposed to these opportunities for personal and famr►ilW growth at an even greater capacity. The local businesses will benefit economically from having The Fresh Church in walking distance. We have seen this even m our previous location- Businesses experienced a considerable increase in fan ffies patronizing their products and services. The comer of Federal Highway is prime location and The Fresh Church desires to make that prune location a picture of family, unity and community. The granting of this variance gives us the opportunity to partner with the city commission in our combined effort of serving the needs of the residents of the great City ofDaWa. Beach YSincer, Sonja Foster Executive Pastor 714 S Federal Hwy Dania Beach, Florida Tek 954-694-8745 E-rnail: h&@thefirqhchurch.org THE FRESH CHURCH To whom it may concern, This letter of intent is in support of The Fresh Ghurch's request for a parking variance in the city of Dania Beach, FL. as the listed property 714 S. Federal Highway Dania Beach FL, 33004 has 20 on site available parking spots. in order to make provisions for parking our church members are encouraged to utilize the local bus routes which are only a few hundred feet from the facility. We are also developing a great relationship with the local businesses that surround the church properly, all of these business are closed on Sunday mornings and Wednesday evenings, which are the primary hours of operation for our church. This leaves ample room for any potential needed additional parking. in our support of the Dania Beach community, this keeps local businesses vibrant economically as well as the community morale and unity at a maximum. Along with the local bus system and the utilization of local businesses that are closed on Sundays, we will provide a shuttle from local banks that are never open on Sundays in the event that our church would need additional parking. This shuttle would be owned and operated by The Fresh Church and would allow for 15 passengers per ride to park off site and take a short 3 minute drive to the actual church building. The upstairs section of the building will be used for youth activities ages 3-14. These youth and students will be tararxsported to and from the church by their pamntslguardians, which doesn't present any additional traffic congestion as their parents will be in the same facility down stairs. Considering the trend of transportation and the age demographic of our church which is primarily millennials ages 24-40. Nearly 30% of our members utilize other transportation mediums such as Uher and Lyft. Also, as an added bonus these hm-isportation mediums provide discount ride rates for iron profit organizations. We have seen that nnillennials, particularly in the city context such as Dania Beach, are more inclined to be driven than to drive. The Fresh Church has seen this trends to be true even in our current facility. Car pooling is the new normal particularly in South Florida. This parking varLnce would support and ensure that the city of Dania Beach would continue to be on the cutting edge of this new normative transportation model. We have seen the truth of this trend in voting drives, vaccinations events, elderly testing sites and now in worship gatherings. sincere Sonj Foster Executive Pastor 714 S Federal Hwy Tel: 954-694-8745 Dania Beach, Florida E-mail: infoCa thefreshchurctLorg 0 0 v 0 c P. r MAY ! 3_�� w � V FW CD CL CD mml rD -M O tin r�M Cd cu CD a n r The Fresh Church -Programming of Services The activities of The Fresh Church include but are not limited to: • Weekend Worship Gatherings • Weekday evening Bible Studies • Youth Weekend Activities ■ Homework Assistance Programs for Teens • Trade Skill Training • Youth Mentorship Programs • Weekly Community Outreach • Women and Men Empowerment Groups • Community Beautification • Beach Clean Up • Voting Drives • Senior Citizens Technology Assistance • Clothing and Food Donation drives for Homeless • Family Empowerment Conferences and Classes • Marriage & Relationship Counseling • Crisis Counseling • Life Coaching Parking Calculations • We have 20 available parking spaces • Average occupancy of 80 people. • We are currently arranging a parking agreement with the nearby plaza to lease parking spaces on our highest attended services. "We believe that strong faith builds strong families, strong families build strong communities and strong communities builds a strong country." -- LEASE between RH-NV FEDERAL HIGHWAY, LLC (Landlord) and SONJA FOSTER AND JOEY FOSTER, (Tenant) for 714 S. Federal Highway, Dania Beach, FL 33004 Dated. O5.06.2021 Landlord Initials Tenant In als LEASE BETWEEN 1E H—NV FEDERAL HIGHWAY, LLC, AS LANDLORD, AND SONJA FOSTER AND A r.Y FOSTER, AS TENANT THIS LEASE is nnade and entered into this 6 day of MAY 2021 betweco BH-NV FEDERAL HIGHWAY, LLC, (the "Landlord"), and SONJA FOsTr4,k AND JOEY FQSTER (the "Tenant"). WHEREAS, Landlord owns that certain real property more particularly described in section 2.1 heroof (the "Leased Premises"); and WHEREAS, Tenant desires to lease ixom Landlord, and Landlord desires to lease to Tenant, the Leased Promises; NOW THEREFORE, for good and valuable consideration and the promises and covenants contained in this Lease, the Parties, agree as follows: 1. SUMMARY OF FUNDAMENTAL LEASE PROVISIONS. Certain fundamental provisions of the Lease are summarized in this section for convenient reference. In the event. of a conflict between the. summary contained in this section and the provisions of any subsequent sections, the provisions of the subsequent sections shall govern, LANDLORD: 1313-19V FEDERAL HIGHWAY, LLC 5430 SW 25 AVENUE PORT LAUDERDALE FL 33312 TENANT: NONA FOSTER AND ME_Y_FON s, 9288 SW 39TH STREET MIRANIMAR, FL 33025 LEASED PREMISES: LEASE TERM: FIXED MINIMUM RENT. ADDITJONAU RENT. 5-Q', Landlord Initials 714 S. Federal Highway Dania Beach, FL 33004 3 years, commencing on MAY 06, 2021 $8,000 per montli plus applicable sales tax (TAX EXEMPT) Real Estate Taxes, Insurance, and routine maintenance (WILL BE PROVIDED BY THE TENNANT) The estimated additional rent for - 2 T Tolr ll]tIa 5 first year of the lease term is $24,570,82 for real estate taxes, based upon the 2020 property taxes) RENT COMMENCEMENT. MAY, 06 2021 DELIVERY OF PREMISES: Landlord sliall deliver the Premises witli Landlord Work complete PRE -PAID RENT $16,000 representing two (2) month's base rent, SALES TAX EXEMPT AND $4095,14 FOR TWO MONTH'S PROPERTY TAXES, SECURITY DEPOSIT: $8,000 representing $8,000 for one month base rent, SALES TAX EXEMPT and $2,047,57 for one month of'property taxes, TENANT'S MINIMUM INSURANCE COVERAGE: OPTION TO RENEW: 2. PREMISES AND USE, General liability insurance in the amount of $2,000,000.00 per 0ccurrc11ce and $3,000,000,00 in the aggregate for bodily injury or death and/or property damage. Tenant shall also maintain property insurtuice in an amount equal to the value of the leased premises. Two options: 1. 3 YEAR 10% CAP 2. 5 YEAR 10% CAP 2.1 i i e : Landlord hereby ]cases to Tenant the following described premises (the "Leased Premises") located in 13roward County, Florida: 714 N. Federal Highway; Dania Bcach, FL, a 2-story freestanding retail building consisting of approximately 4,350 SF on [he ground floor and 2,000 SF on the 2nd floor, on 16,909 SF of land area 2 2 Vhm, 'Tenant shall use the Premises as a PLACE OF WORSHIP. Tenant will comply with all applicable Iaws, rules and regulations covering the Premises and the use -and conduct of Tenant's business therefrom. No subleasing, short term or seasonal rentals. Tenant shall be permitted to collect rent from the Tenant's Users. Neither Landlord nor Tenant shall change the use of the Leased Prernises or certificate of use of the Leased Premises during the duration of rho Lease. Tenant, Tenants clients, and all occupants of the property shall comply with all laws, ordinances and lawful orders and regulations affecting the Leased Premises, and the r- �3— el Tenant cleanliness, safety, occupation and use of same. Tenant and any occupants in the property covenants not to use the Leased Premises in any manner which will unreasonably disturb others or constitute a nuisance or cause structural damage to the Leased Premises. Tenant shall not permit any noxious, foul or disturbing odors to emanate #rorn the ,Leased Premises. 7.3 Quiet Enjoyment: Provided Tenant is not in default hereunder beyond any applicable notice and cure periods, Tenant shall have and enjoy the Leased Premises during the terin of the Lease without hindrance or molestation by Landlord of anyone else, Tonant's rights under this Lease shall not be affected by any transfer of Landlord's ownership In the Leased Premises. Opening of Business: It is 'Tenant's responsibility and obligation t0 olatair] all governmental permits, licenses, and/or approvals required in connection with any unprovernent and occupancy of the 'Leased Premises, 21 Roam -of Operation: Tenant shall maintain hours of operation as permitted by inunicipal/county code. 2.6Ear.ly...Tcrminatiori: Notwithstanding the foregoing or anything to the contrary in this Lease, Tenant sliall have the right to terminate the lease if Tenant is unable to obtain the required govennnental variance within twenty-one (2 l) days of execution of the lease. The Early Termination Notice shall state the date of termination and upon such date the Lease shalt terminate and Tenant shall surrender the Leased Premises pursuant to the Lease as if the date in the Early Termination Notice was the date of expiration of the Lease as contemplated above. 3. TERM, 11 Initial Term: The initial term of this Lease shall be THREE years commencing on the Commencement Date ("Tnitial Term"), and shall run to and include MAY G, 2024, unless sooner terminated or extended as hereinafter provided. The "term" of this Lease shall: include the Initial Term find the Option Terms as elected by 'Tenant as set forth herein. 4. RENT/FEES. 1 Recut Defined: The term "Rent" shall mean the aggregate of all financial obligations of Tenant towards Landlord, including Minimum Ront and Additional Rent hereinafter defined. 12 Minimum Rent: Tenant hereby agrees to pay to Landlord the minimum annual rent set forth below ("Minima n Rent") plus an amount equal to 6,5% sales tax, or the then prevailing and applicable sales tax rate, on said Minimum Rent: ,�- -4— Landlord rnitials Tenant initials For the first year of thu initial lease term, the monthly Minimum Rent shall be $8,000, plus sales tax. Thereafter, the Minimum Rent for each year of the initial lease telin and any renewal terms shall be annually adjusted on the anniversary date by three percent per annuin (3 %). The Minimum rent shall be ,payable in equal monthly installments in advance on the 1" day of each month. Tenant's checks shall be made to BH-NV FEDERAL H10HWAY, LLC and be sent to PO BOX 1975, Hallandale, Beach, FL 33008 or such other place as Landlord may designate in writing from time to tune. 41 Additional Rent: hi addition to the Minimum Rent provided hereinabove, Tenant shall pay to Landlord or directly to third parties, as Landlord may designate, the following items (Collectively referred to as "Additional Rent"): (a) Taxers Real estate taxes and other ad valorem taxes that are levied upon and/or assessed against the Leased Premises, The real estate taxes will be adjusted annually based on'each years Noveenber payment of coal estate taxes due. (b) hisl#ranee Insurance premiums, including all insurance premiums for fire, extended coverage, liability, and airy other reasonable insurance on the Leased Prcmiscs, laud, building and improvements thereon, that Landlord, in its reasonable discretiDn, deems necessary. (c) Maintenance All costs and expenses incuiTed by Landlord for regular and routine maintenance of the Leased Premises or any portion thereof, less any work that is required to be performed by landlord in accordance with the provisions of this Lease. The Additional Rent shall be payable in monthly installments, as estimated by Landlord, payable in advance on the first day of each calendar month at such place as Landlord may designate in writing from time to time. Landlord may adjust the monthly estimated amount at the end of auy wonth. Within 90 days following the end of each calendar yenr, or as soon as reasonably possible thereafter, Landlord shall determine the actual Additional Rent for the year. If the payments of estimated Additional Rent made by Tenant during the calendar year exceed the actual Additional Rent, Tenant shall be entitled to a credit of the difference. If the payments of estimated Additional [dent made by Tenant during the calendar year were less than the actual Additional Rent Tenant shall pay Landlord the diff'ex'ence within 30 days of written notice by Landlord. For the first year of the lease term, Landlord estimates that the Additional Rent will be $0.00 excluding any applicable sales tax payable. This is an estimate only and the actual Additional Rent may vary. -44 Sale : In addition to the Minimum Rich, Additional Rent and any other sums or anxounts required to be paid by "Tenant to Landlord under this Lease, Tenant Landlord Initials Tenant Witials shall also pay to Landlord, simultaneously with the payment of Rents or other sums or amounts, the amount of any applicable sales, use or excise tax on the Rents or other sums or amounts so paid by Tenant to Landlord, in the amounts from time to time levied, imposed or assessed by the State of Florida or other governmental authority, No Set -Off: All Rent shall be paid without abatement, set off or deduction, and any attempt of Tenant to do so, other than in the situations provided in this Lease, shall be considered a breach of this Lease and a Default of Tenant, JA Prepaid Rent:. Tenant shall pay Landlord $16,000 representing two (2) month's base rent (FIRST AND LAST) SALES TAX EXEMPT, and $4095,14 for two (2) month's property taxes, Tenant shall pay the Prepaid pent of $16,000 upon execution of the lease and prior to taking possession of the !cased preinises, ec iri DeLiositl In additian to the prepaid rent, Tenant shall also deposit with Landlord, a sum equal to $8,000 as a security deposit ("Security Deposit") for the faithful performance by Tenant and any person residing ,at the property of Tenant's covenants hereunder. Payinent of the Security Deposit shall be made upon execution of the lease, If Tenant or any person residing at the property defaults under this Lease, Landlord rxiay in Landlord's sole discretion after any notice required hereunder and expiration of any grace periods, without prejudice to Landlord's other remedies, apply part or all of the Security Deposit to cure Tenant's or any person residing therein default and to pay any expenses incurred in connection therewith. If Landlord so uses part or all of the Security Deposit then Tenant shall within ten days after written denifi d, pay Landlord the amount used to restore the Security Deposit to its original amount. Landlord may commingle the Security Deposit with its own funds. In the event of a sale or transfer of the Leased Property, Landlord anay transfer the security deposit to such purchaser or transferee and Landlord shall be released froin all liability or obligation to return said Security Deposit to Tenant and Tenant shall look solely to the new landlord for the return of the Security Deposit. 4-$ LAte Pa nie it Default nt re t: Any installment of Rent or any other sum due froin Tenant as provided in this .Lease not received by Landlord within five (5) days of the date due shall bear interest at the rate of 18% per annurri. 1n addition, Tenant, snail pay an administrative late charge in the amount of, 5% of the !tent due for any month in which payment is lame. Acceptance of such default interest by the Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount not prevent Landlord from exercising any of the other rights and reiedies granted Hereunder or pursuant to applicable laws. 4.2 Impacts Fees., Tenant shall be responsible for the payment of any impact fees required for Tenant's use by local ntunicipalitylcounty. 5. TENANT'S COVENANTS. -6 Landlord Initials Tenant I tials 5.1 dean Cgndition: Tenaixt and any person residing at the property shall not perform any acts or carry on any practices which injure the teased Premises and Tenant shall keep the Leased Premises clean and free from rubbish and dirt at all times. Failure by Tenant or any person residing at the property to keep said Leased Premises clean and free from rubbish and dirt and Tenant's failuue to cure sane within fifteen (15) days of written notice from Landlord shall result in the Landlord making arrangements for clean up at Tenant's expense, After three (3) occasions of noticc to Tonant as provided for in this section, Tenant's continued failure to keep said Leased Premises clean may result in this Lease being declared in default, at Landlord's option, pursuant to Article 12. Tenant shall arrange foa• the regular pickup of all trash and garbage at Tenant's expense, 'Tenant shell not burn any trash of any kind in or about the Leased Premises. 5 itt ia� —and Repair of F &E&E: Tenant shall maintain, at its own cost and expen.;e, all furniture, fixtures and equipment in good operating condition and repair, subject to the limitations of major repairs as set forth in this Section S.S. however, ;should the. replacement of any furniture, fixtures and equipment be required, tenant shall repair, modify or replace same at tenant's expense and tenants may remove the replaced furniture, fixtures, and/or equipment upon vacating as long as they are readily removable without injury to tlae Premises. Tenaw shall return the original furniture, fixture and/or equipment. that were replaced upon vacating. 5.3 I-C1i.ty payments. Tenant shall directly pay for all charges of water, gas, garbage collection, sewage disposal, security, electricity acid all other utilities used in connection with thce Leased Premises no snore than ten (10) days after the same shall bivcomr, due and payable. Tenant shall be responsiblc for any late charges or outer administrative fees molting from Tenant's failure to pay when due. arrender of Lgascd premiscs';At the expiration of this Lease, Tenant shall surrender the Leased Premises in good condition, reasonable wear atld tear. Tenatlt shall restore the property to its original shape and condition, including removal of all equipment and repair of holes in walls, J5 Enyironmental. Wan-anties and Covenants., Tenant and all occupants at the property shall not manufacture, discharge, disperse, release, store, treat, transport, generate or dispose of Hazardous Material (as defined below) can the Leased Premises, including without limitation, the soil, surface water and subsurface water of, under or on the Leased Premises, Tenant's business operation and activities shall be in compliance with all city, local state or federal laws, rules, ordinances, restrictive covenants, orders or regulations pertaining to the environmental condition of the Leased Premises, including but not limited to, Hazardous Material (as defiued below). Hazardous Material shall mean materials defined as a hazardous waste or substance or regulated under: the Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 of seq.; the Federal Comprehensive Envtronmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §6901, et see/_; Solid Waste Disposal Act, 41 C1.S,C, §6901 et seg,; and Chapter 376 Florida Statutes. Tenant agrees to and hereby does indemnify and hold Landlord harmless froin and against all loss, liability, damage and Landlord Initials enant I ti expense, including reasonable attorney's fees including, pre -suit, as well as on the trial court and appellate levels, suffered or incuiTed by Landlord, under or on account of'Tenant's !'allure to comply with the provisions of this section. During the term of the Lease, Landlord may at its expense, but is not obligated to, enter upon the Leased Premises to make reasonable ittspeotion of it's condition, including but not limited to, soil and ground water sampling and monitoring, inspection for Hamrdous Materials. Such inspection may be made only upon giving reasonable written notice to Tenant. If Tenant fails to comply with the requirements of this section Landlord may, at its election but without the obligation to do so, cause curative or remedial work to be perfortmed at the Leased Premises or take any and all other actions as Landlord deems reasonably necessary, to cure said failure of compliance, and any reasonable costs thereof, together with interest thereon from the date of payment at the rate equal to the highest rate permitted by law, shall be immediately due and payable by Tcnalxt to Landlord and until paid shall be added to and become part of the Rent and adjustments thereto under the terms of the Lease, but no such advance shall be deemed to relieve Tenant from any default under the Lease or impair any rights or remedy contained therein. 5..6 T_ axes: Tenant shall pay, or cause to be paid, before delinquency, ally and all taxes (with the exception of property taxes levied as they are included as additional rent) or assessed and which become payable during the term hereof upon all Tenant's leasehold improvements, cquipnyent, furniture, fixtures, and any other personal property located its or on the Leased. Nomises. In the event any or all of the Tenant's leasehold improvements, equipment, furniture, fixtures and other personal property shall be assessed and taxed wit]) the real property, Tenant shall pay to Landlord its share of such taxes within thirty (30) days of delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property along with a copy of said tax invoice. 5 2 Other Maintenr,nce Obligations: (a) Tenant agrees to keep the interior of said Premises, all windows, screens, awnings, doors, including the interior walls, machinery, plumbing, electrical wiring, fire sprinkler system and other fixtures and interior appurtenances, in good and substantial repair and clean condition at Tenant's own expense. (b) All glass both interior and exterior is at the sole risk of Tenant and Tenant agrees to replace at Tenant's own expense, arty glass broken during the term of this Lease. (c) If the Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. (d) In the event additional sanitary facilities are required because of the nature of the operation conducted by the Tenant, it shall be the Tenant's obligation to supply such additional facilities at its own expense after first receiving pen,uission from the Landlord. S , k", Landlord Initials -Sji- Tenant In' rats (e) The Tenant acknowledges that it is responsible for cleaning, sweeping and litter removal from the parking lot on an as needed basis. In addition, Tenant shall be responsible for all damage or loss to the parking areas caused by the use thereof by Tenant, its agents, employees, invitees, customers or contractors, including without limitation, dripping or leaking oil, fuel, fluids, coolant or lubricants,. (f) Tcnant agrees to keep all machinery, fixtures and equipment or ar'cas of the Premises in good and substantial repair and clean condition at Tenant's own expense, regardless of whether such items are located in the interior or exterior. (g) Tenant shall be responsible for all lawn care and landscaping, including weed control as necessary to maintain the Premises, (b) Tenant shall maintain the heat and air conditioning system, furnishing air conditioning and heat to Tenant's Premises in good working condition tliToughout, the term of the Lease and shall cause usual service and maintenance to be performed orn such equipment, as required by any warranties given by or as suggested by the manufacturer of such equipinezit. Teutint slhall be responsible, at its sole cost and expense, for repairing such equipment (but Landlord shall be responsible for replacing the same with cquiprnernt of similar duality and capacity in the event replacement shall become necessary during [lie term of the Lease, unless such replacement is necessary due to fault of Tenant and/o: Tenant's Users.), (i) Tenant's obligations under this section shall include, but not be limited to, repairing and maintaining items as are required by any governmental agency having jurisdiction thereof, and specifically including, without limitation, any maintenance, repair, replacement and improvement requirements imposed pursuant to the Americans with Disabilities Act, walls, ceilings, utility meters and conduits inside or outside the Leased Premises which are installed by Tenant, all fixtures, carpeting and other equipment within the Leased Premises, all the Tenant's signs, security grilles or similar enclosures, locks and closing devices, and all exterior and inntericr windows, window sash, casement or frairics, doors and door fraines, signs, floor coverings, lighting, electrical, plumbing and sewage facilities, subject to the limitations of major repairs as set forth] in this Section 5.8.The Tenant shall permit no waste, damage or injury to the Leased Premises and the Tenant shall initiate and carry out a program of regular maintenance and repair of the Teased Promises, including the painting or refinishing of all areas of the interior and the entire Leased Premises so as to impede, to the extent possible, deterioration by ordinary wear and tear and to keep the same in attractive condition, The Tenant will not overload the electrical wiring serving the Leased Premises or within the Leased Premises, and will install at its expense, but only after obtaining the. Landlord's written approval, any additional electrical wiring which may be required in connection with the Tenant's apparatus or equipment. The Tenant's obligations to maintain the Leased Premises in good and tenantable Landlord Initials -9A e��s . — Tenant: l ' Ials condition and to make the repairs required under this ,Paragraph shall not be affected by whether the item which requixes maintenance or repair was installed by the Landlord of the Tenant. If the particular item which requires maiwenatice or repair is to be inaintained or repaired by the Tenant under the provisions hereof, such maintenance or repair shall be the responsibility of the Tenant. Any and all service companies and vendors which perform services or maintenance in the Leased Premises at the request of the 'tenant shall be duly licensed by the applicable governmental authorities and insured with respect to any damages which may occur on the Leased Premises due to their activities. 5.8 Federal, State, and Local equire: Tenant and any person residing at the property shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government, and of any and all their Depailments and Bureaus applicable to said Premises for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises, during said terns, and shall also promptly coraply with and execute all rules, orders, recommendations and regulations of the NI~PA for the prevention of fires, at Tenant's own cost and expense. Tenant shall not be responsible to make any structural changes to the .Premises to comply with any governmental requirements demanded pursuant to this paragraph. Tenant shall keep no pets or other animals on the property without the written perinission of the Landlord, which consent may be withheld in Landlord's sole discretion. 6. LANDLORD'S MAINTENANCE OBLIGATIONS. Landlord shall repair and maintain the structural portions of the Building (i.e., the foundation, structural load bearing exterior and party walls, roof, water, sewer, electrical, and plumbing lines from the exterior of the Building to the public right of way), utaless such maintenance and repairs are to improvements constructed or installed by Tenant in which event Tenant shall be Iiable for the repair, replacement and maintmiance of same or as a result of Tenant's requested modifications to the Premises, caused in whole or in part by the act, neglect, fault or omission of any dray by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. In the event any improvements made by Tenant cause or disclose underlying structural or other issues with the Premises or the Building, Tenant shall repair and/or replace such structural portions of the Premises or Building so disclosed or discovered. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need for such repairs or maintenance is given to Landlord. There shall be no abatement of Rent and no liability to Tenant by reason of any injury to or interference with Tenant's business arising r. 1 d --- ffz�6L Landlord Initials Tenant 1 itials from the conducting of maintenance or the making of any repairs, alterations or improvements in or to any portions of the. Building, Common Areas, the Premises, or areas surrounding the Leased Promises, whether performed by Landlord or- others, or in or to Fixtures, appurtenances and equipment therein. Tenant shall give to Landlord seven (7) days written notice of needed repairs and Landlord shall have a reasonable time thereafter to make them. Landlord shall not be called on to make any repairs caused by the negligence of Tenant, its agent, or employees. If any portion of the structural, exterior or interior of the Premises is injured or damaged by any breaking and/or entering; said Premises, or by any attempt to break andlor enter said Premises, by any third person or persons, Tenant agrees to promptly cause all necessary repairs to be made at Tenant's expense so as to promptly restore said Premises to its condition immediately prior to said breaking and/or entering or said Attempt to break and/or enter. Landlord shall not be called upon to snake any other improvements or repairs of any kind on the Leased Premises except as set forth in this paragraph at Landlord's expense. Notwithstanding anything to the contrary contained herein, the Landlord shall not be required to make any item of repair under his maintenance duties for any item the cost of which is less than five thousand ($3,000.00) dollars, subject to the limitations of major repairs as set forth in this Section 5.8. 7. LANDLORDS WORK; "AS IS" CLAUSE. Tenant agrees that it is tahirrg the Leased Premises in "as is" condition and Landlord will provide a copy of the building plazas and Certified roof and. HVAC inspection to Tenant. Tenant had the opportunity to investigate the Leased Premises (including all Common Areas acid surrounding areas) and is satisfied with the condition. of the Leased Ptemisas. The taking of possession by Tenant shall constitute an acknowledgment by Tenant that the Leased Premises are in the condition called for by this Tease, that Landlord has performed all of the Landlord's Work with respect thereto, if any, and that all preliminary conditions prerequisite to Tenant's obligation to pay the Rent and all Additional Rent called for by this Lease, if any, have been met. Landlord will be responsible at its sole cost and expense to provide as "Landlord's Work" prior to the Rent Commencement Date the following at the Leased Premises in good working order and repair and in compliance with the Americans with Disabilities Act (Landlord will only be required to bring into ADA compliance one bathroom in the first level and will not be responsible for any bathrooms in the second level that are not ADA compliant); utility services to the Leased Premises, including, without limitation, water, sanitary sewer and electrical Symins and distribution; electrical panels; irrigation systems and appurtenances; plumbing fixtures and equipment, fire alarm protection systems; lighting systems and appurtenances; and Beating, ventilation and air conditioning units, controllers and distribution systems, painting the exterior walls, resealing the parking lot and rc-mar-sing the parking stalls, fixing damages piece of flooring, and furnishing and applying fabric to the exterior awning framing above the entry. (it is buckling in certain areas) S. IMPROVEMENTS, ALT>F'I1 AT1tONS AND ADDITIONS BY TENANT, lk qg;� r Landlol Initials Tenant Initials 8.1 Waij by Tenan (a) Tenant will make no alterations, additions or improvements in or to the Premiws without the written consent of Landlord, which may be withheld in Landlord's sole discretion; and all Tenant improvements upon the Premises and any replacements thereof, except only furniture, refrigeration, show cases, and displays which shall be readily removable without injury to the Premises, shall be and remain a part of the Premises at the expiration of this Lease. Tenant will not cut or drill Into, or secure any fixture, apparatus or equipment of any kind to any part of the Leased Premises without the prior written consent of Landlord. Tenant shall not exhibit, inscribe, paint or affix any sign, advertisement, notice or other lettering on any part of the outside of the Leased Premises or of the Building, or on the Real Property or Common Areas, or inside the Leased Premises if visible from the outside. Any penetration of the shell of the building, for the purpose of ventilation, shall be done on the walls and not the ceiling. Any drilling must be approved by a licensed engineer and cannot affect the integrity of tha structure. (b) In the event Landlord consent's to the snaking of any alterations, additions or improvements to the Premises by Tenant; Landlord Iaiitials (1) the same shall be made by Tenant at Tenant's sole cost and expense by licensed and bonded contractors approved by the Landlord in their solo •discretion; (ii) upon the expiration or termination of the term hereof, Tenant shall, upon written demand by Landlord, given at least thirty (30) days prior to the end of the term, at Tenant's sale cost and expense, forthwith and with all due diligence remove any alterations, additions, or improvements made by Tenant, designated by Landlord to be removed and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Pi'einises caused by such romoval; (iii) Landlord shall not be responsible for the repair, replacement or maintenance of any alterations, additions or improvements to the Premises by Tenant. (iv) Tetxant shall be permitted, with the approval of Landlord, to construct an elevator to provide access to the second floor All such work shall be done in compliance with the local building codes and have the requisite perinits and requisite insurance and maintenance shall be performed on the elevator. In addition, Tenant shall maintain current licensing and certificates for the elevator. Upon termination or -12— Tetxant I ' leis expiration of the lease, the elevator shall remain on the property and cannot be removed or dismantled by Tenant. . (o) Tenant shall, at its expense, before commencing any alterations, additions, hlstallations or impravctnents obtain all permits, approvals and cei#ificates required by any governmental or quasi-govermnental bodies and (upon coinpletion) certificates of filial approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub -contractors to carry such workman's compensation, general liability, personal and property damage insurance namjic g the Landlord as an additional beneficiary as Landlord may require. (d) Landlord shall have the right to withhold such consent, in its sole and exclusive discretion, in the event that Landlord determines that any such proposed alteration, improvement or addition might have all adverse effect on the value of the Loased Preinisos or any othor portion of the Hotel. Tenant shall supply Landlord with throe (3) complete sets of pajai)s for all such alterations, improvements or additions. The cost of any and all alterations, improvements and additions made to the Leased Premises shall be the sole responsibility of the Tenant. Landlord shall not be required to perform any maintenance or make any repairs or improverneiits of arty kind upon the Leased Premises 3,2 No ConstlIgtion Liens. All persons dealing with Tenant are hereby put an notice that the interest of Landlord in the Leased Premises shall not be subject to inechanic's liens and/or workmen's compensation claims based upon Tenant's failure to pay any contractor, subcontractor, laborer, materialman or supplier, in connection with improvements made to the Leased Premises and Tertant hereby iaadeninifies Landlord for any such claims and the reasonable fees incurred in the legal defense thereof Tenant shall promptly forward any Notices to Owner within twenty-four (24) hours ofreccipt by Teriant. Qwnershin of Alterations, A.ddi_tions,Jrnproveljent& All alterations, additions, improvennetits and fixtures which inay be trade or installed by either of the parties hereto upon the Leased Premises and which in any mamier are attached to the floors, walls or ceilings, in particular heating, ventilating, and air conditioning equipment, shall be the property of Landlord and at the termination of this Lease shall remain on the Leased Premises as a part thereof. Any floor covering affixed to the floor of the Leased Premises Shall becon7e the property of the Landlord. $ Eire Sul)uression Systei11 ai).d_Bprel rAlarm: Any fire suppression systoin or burglar alarm system installed in the L eascd Premises shall remain the property of Landlord. 9. SIGNS AND PARKING, 2. Signs/Advertising; Tenant sliall not erect or install any exterior or interior sighs, window or door signs or window or door lettering or placards without approval by the Landlord Initials -13— enant Iu' 'aIS City and prior written consent of Landlord, which consent may not be uttr UDnably withheld. Any structure or monument on which a sign is located shall remain on the premises after Tenant vacates. i'�oyation by_Larrdl rd: Upon receipt of written notice from Landlord advising Tenant to the effect that Landlord intends to renavate:, repair or in any way modify or alter the front or fagadc of the Loosed Promises, Tenant agrees that it will promptly remove its sigh during the course of such renovations, repairs, modifications or alterations, at Landlord's expense. 9.1 Par i x• Tenant shall have exclusive use of the parking field of the property. 10. INSURANCE. All l i sndl rd's Insurance: Tenant or any person residing at the property shall not conduct its business in the Leased Premises in a manner which will in any way tend to increase the insurance rate on the Leased Premises. Tenant agrees to pay as additional rent any increases in Landlord's hisurarrcel premiums directly resulting frottx the business carried on by Tenant, whether or not Landlord has consentcd to the same. If Tenant installs any electrical equipment that ovedoads the fuses or circuits in the Leased Promises, 'Tenant shall, at its own expense, snake whatever changes are necessary to comply with the requirements of flier insurance underwriters and government authorities having jurisdiction_ 1 .2 T-Mant'_s_Liability Insttance (a) Tenant shall, at Tenant's expense, obtain prior to taking possession of the property and keep in forcer during the term of this Lease a policy of Public Liability and Property damage Insurance naming Landlord as an additional insured and indemnifying Landlord and otherwise covering the Teased Premises and Tenant's use thereof against claims for personal injury or death and property damage occurring upon in or about the Leased Premises in an amount of not less than $2,000,000,00 per occurrence and $3,000,000.00 in, the aggregate for bodily injury or death and/or property damage. Tenant shall be responsible for payment of the deductible applicable to any claims made on the Premises. (b) Tenant shall keep in effect a policy of insurance upon the property insuratloe in an amount equal to the value of the ]eased premises, its fixtures, equipment, stock of goads and upon all of the plate glass in the Leased Premises, against loss by fire and windstarm, if available:, and for extended coverage in reasonable awounts as may be required by Landlord. (c) If Tenant shall fail to procure and maintain said insurance, after 10 days written notice to tenant, Landlord may, but shall not be required to, procure and maintain same at reasonable available rates, but at the expense of the Tenant. Insurance required hereunder slrall be in companies rated A:X11 or better in "Best's Ivey hating Grxrde". - 14 — h Landlord Initials Ter►ant ire (d) Tenant shall deliver to Landlord, prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of the required insurance coverage includiiig Landlord as an additional insured where appropri atc. (e) No policy shall be cancelable or subject to redaction of coverage without prior written notice. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. The Tenant shall have no rights in any policy or policies maintained by the Landlord and shall not be entitled to be a named insured thereunder. 11. LEASE CONFIRMATION LETTERS. Tenant agrees at any Cline within ten (1 p) days of Landlord's written request to excoutc, acknowledge and deliver to Landlord a written statement certifying that this Lease is unnnndified and in frill force attd effect, if saute be true (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), and the dates to which the Minimum Rent and other charges have been paid in advance, if any, it being intended that any such statements delivered pursuant to this paragraph may be relied upon by any prospoctive purchaser or mortgagee of the Leased Premises. 12, DEFAULT. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant; (a) The vacating or abandonment of the Premises by Tenant. (b) The failure by Tenant to make any payment of rent or any other payment required to be niade by Tenant hereunder, as and when due where such failure shall continue for a period of three (3) days after written notice thereof from landlord to Tenant. In the event that Landlord serves Tenant with a notice pursuant to applicable eviction statutes such notice shall also constitutE the notice required by this subparagraph. (c) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tennant other than described in paragraph (b) above, where such failure shall continue for a period of 15 days after written notice thereof from Landlord to Tenant provided, however, that if the nature of the Tenant's default is such that more than 15 days are reasonably required for its cure then Tenant shall not be deemed to be in default if Tenant commenced such cure within said I5-day period and thereafter diligently prosecutes such cure to completion. Landlord Initials - 15— Tenant enant 1n tials (d) (i) The making by Tenant of any general arrangerriont or assignment for the benefit of creditors: (ii) Tenant becomes a "debtor" as defined in 11 U.S.C. S101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within 60 days). (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within 30 days or (iv) the attachment, execution or other .judicial "seizure" of substantially all of Tenant's assets located at the Premises or of Tenant's interest in. this Lease, where such seizure is not discharged within 30 days. Provided, however, in the event that any provision of this paragraph 12 (d) is contrary to any applicable law, such provision shall be of no force or effect. (e) The discovery by Landlord that any financial statement, given to Landlord by Tcnant, any assignee of Tenant, any subtenant of Tenant, any successor in interest of Tenant or any guarantor of Tenant's obligation hereunder, and any of them was materially false. (f) If at any time SONJA FOSTER AND JOEY FOSTER ceases to do business or is no longer able to do business. 12.1 REMEDIES, In the event of any such material default or breach by Tenant, Landlord may at any time thereafter with of without notice or demand and without limiting Landlord in the exercise of any right or rernedy which Landlord may have by reason of such default or breach, (a) Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by Reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting including necessary renovation and alteration of the Premises, t-easonable attorney's fees and any real estate commission actually paid, and liquidated damages consisting of $100,000.00 as an estimate for all unpaid rent remaining on the lease. (b) Maintain Tenant's right to possession in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. Jr) such event Landlord shall be entitled to enforce all of llie Landlord's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state wherein the Premises are located. Unpaid installments of tent and other unpaid monetary obligations of Tenant under the terms of this Lease shall bear interest from the date due at the waximum rate then allowable by law. (d) In addition to and independent of any lien in favor of Landlord arising by operation of law, Tenant hereby grants to Landlord a security interest in all ,personal property owned by Tenant wherever located, including personal property -16— Landlord Initials A'enaintiti located 41 the Leased Premises, to secure the payment of kept and Additional Rent and the performance of all other duties and obligations of Tenant hereunder. Tenant agrees to execute upon request by Landlord any and all Financing statements and to perform any other act reasonably necessary to perfect the security interest gi-anted hereiu.-The occurrence of any one or more of the events of default set forth in this Lease shall constitute default in this security agreement and shall entitle Landlord to avail itself, following the cxpiradon of any relevant cure period specified herein, of any remedy or remedies available to it under the law, 3. INDEMNIFICATION. 11.1 ludgpinification. Tenant shall indemnify and hold Landlord harmless from any and all claims, actions, demands, costs, expenses and liabilities whatsoever by or to third parties on account of or resulting frown, in whole or in part, the acts oFTenant or Tenant's use or occupancy of the Leased Premises or by any act or omission by Tenant or its employees, agents, representatives or invitees. All.property kept, stored or maintained on the Leased Premises shall be done so at the risk of the Tenant only, Additionally, Tenant shall hold Landlord harmless from any liability imposed upon Landlord by any person or governmental agency or body resulting frown the use of materials in Tenant's business, which could cause environmental darnages. This indemnificataan includes Tenant's obligation to defend Landlord and pay for Landlord's reasonable attorney's fees incurred as a result of an indemnified liability. This obligation continues for any damages caused during Tenant's occupancy even after Tenant's surrender of the Leased Premises. Tenant shall not bie responsible for any damages caused by the action or inaction of Landlord, its employees or agorits. 13,2 ions: Tenant shall not permit the filing of any lien agaitlst the Leased Premises, and the cxisteace of any such lien of any nature due to the actions or inactions of Tenant shall be a breach of this Lease. Tenant shall have the obligation to promptly bond or discharge any lien, filed against the Leased Premises due to the actions or inactions of Tenant within twenty (20) days from the filing thereof. Tenant shall indemnify Landlord for any reasonable legal fees and court costs in connection with Tenant's obligations as set forth in this article. 14, LIMITATION OF TENANT REMEDIES, Tenant shall look solely to Landlord's interest in the Leased Premises for the satisfactions of any judgment or decree requiriryg the payment of xnonoy by Landlord based upon any default hereunder, and no other property of asset of Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment or decree. In the event of the sale or other transfer of Landlord's interest in the Leased Premises, Landlord shall be deemed released from all liability and obligations arising under the Lease after the sale or transfer, m 17 — .. Landlord Initials Tenant lnit' is 15. INSPECTION. Upon reasonable notice and a nhutual]y agreed upon time, Landlord shall have the right to enter upon the Leased Premises for the purpose of inspecting the saute or for snaking repairs, additions ar alterations. If Landlord deems any repairs required to be made by Tcrhant necessary, it may demand that Tenant snake the same forthwith by written notice specifying the nature of any such repairs and, if Tenant refuses or neglects to commence such repairs within thirty (30) days of written notice and complete the sarrhe with reasonable dispatch, Landlord inay make or cause such repairs to be mado on behalf of Tenant at Tenant's expense which shall be considered Additional Rent. Tenant agrees that it will forthwith on demand pay to Landlord the actual and reasonable cost thereof and if it shall default, Landlord shall have the remedies provided m Article 12 hereof. At any during the lease agreement, Landlord may have reasonable access to the Leased Premises for the purpose of exhibiting the same to prospective tenants or purchasers of the property upon providing forty-eight (48) hours notice to Tenant. 16. CONDEMNATION. If the whole of the Leased Prcinises shall be taken by any public authority under power of eminent domain, then, at the time of the taking, the tenn of this Lease shall cease, and the Rent due hereunder shall be paid only up to that day. If any part of the Leased Premises shall be taken as aforesaid, and such partial taking shall reader that portion not so taken unsuitable for the business of Tenant, then this Lease and the term herein shall cease and terminate as aforesaid, If such partial taking is not extensive enough to render the Leased Premises unsuitable for the business of Tenant, then this Lease shall continue in effect except that the nhinimuln rent shall be reduced in the sairhe proportion that the floor area or land area of the Leased Premises taken bears to the original floor area or land area demised and Landlord shall, upon receipt of the condemnation award, make all necessary repairs or alterations to the building and land in and on which the Leased Premises are located so as to consolidate the portion of the building and land not taken a complete architectural unit and restore the Leased Premises to substantially the same condition as of the commencement date, except for size, but such work shall not exceed the scope of the work to be done by Landlord in originally constructing said building nor shall Landlord in any ovent be required to spend for such work an amount in excess of the amount received by Landlord as danhages for the pail of the )eased Premises so taken. "Amount received by Landlord" shall mean that part of the condemnation award which is free and clear to Landlord for the value of the diminished fee. If during any restoration of the building Tcatant's business is interrupted, then Rent shall be abated accordingly. If more than twenty percent (20%) of the floor area or land area of the Leased Premises shall be taken as aforesaid, Landlord or Tenant may, by written notice to the other, terminate this Lease, upon ninety (90) days written notice. All damages awarded for such Ace Landlord Initials taking shall belong to Landlord whethor such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Leased Premises, provided, however, that Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal of stock and fixtures. Notwithstanding the foregoing, tenant shall have the right to pursue any separate award that does not reduce the award to which Landlord is entitled. 17. UNTFIVAN ABILITY. 17.1 Partial Untenantability: If the Leased Premises shall be damaged by lire, the elcinerits or other casualty not due to Tenant's or any person residing at the property's negligence, but are not thereby rendered untenantable in whole or in part, Landlord shall promptly at its own expense cause such damage to be repaired from insurance proceeds within a reasonably period, and the Rent shall not be abated. if by reason of such occurrence, the Leased Premises shall be rendered untenantablc only in part, so that Tenant can practically operate its business within the undamaged portion, Landlord shall promptly, at its own expense, cause the damage to be repaired, and the Minimum Rent shall be abated in proportion to the number of units still tenable. If Terl~ant cannot practically operate its business within the undamaged portion, the Teased Premises shall be dccn]ed wholly untenantable and governed by the following sub -section. 112 Cantnlete Untenantabjlity: if the Leased Premises shall be rendered wholly untenantable by reason of such occurrence, Landlord shall have the option of terminating this lease or rebuilding the Leased Premises. Within thirty (30) days of the date of such occurrence, Landlord shall give written notice of such election to Tenant and a reasonable estimate of the time required to complete the restoration_ If no notice is given within the required timeframe, Tenant shall have the option of terminating the Lease. If Landlord elects to reconstruct the Leased Premises and the time to complete said restoration is reasonably estimated to exceed three (3) months, then within thirty (30) days of receipt of said notice of restoration, Tenant shall have the option of terminating the Lease. ]n the event Landlord elects to rebuild the Leased Premises and Tenant does not elect to terminate the Lease, the Leased Premises shall promptly be restored by Landlord to its former condition, but in no event shall the restoration exceed six (6) months from the date of the occurrence. If the restoration exceeds six months from the date of the occurrence, Tenant may terminate the Lease upon written notice to Landlord. In the event Landlord elects to rebuild the Lensed Premises and Tenant does not terminate the Lease, the Rent shall abate from the date of the casualty and recommence upon the completion of the restoration and the issuance of a cortificate of occupancy far the Leased Premises. In the event Landlord elects not to reconstruct the Leased Premises or Tenant elects to terminate the Lease, the ]ease and Tenancy hereby created shall cease as of the date of said occurrence and the Rent shall cease as of the date of such occurrence. 17.3 I}ete minadon of Untcnantalaility: If the Landlord and Tenant cannot agree as to whether any damage to the Leased Premises results in the Premises being rendered partially or wholly untenantable by reason of such occurrence, Landlord shall have the option to bring in an objective third party to make the dcternlination. Landlord shall choose a � - 14 — Landlord Initials Tenal7t Initi is licensed contractor to inspect the Premises, assess the damage and make a determination as to whether the Premises are partially or wholly untentantable. If Tenant disagrees with the Landlord's contractor assessment, it shall have the option of hiring; its own licensed contractor to render an opinion at its own costs an expense. If Tenant's contractor renders an opinion different than that of Landlord's contractor's opinion, them each contractor shall mutually agree upon a third licensed contractor to make a determination whether the Premises are partially or wholly untenantable, The cost of the third contractor shall be borne equally by the Parties. The third contractor's decision shall be final and binding on the Parties. 18. SUBORDINATION. (a). This Lease is and shall be subject and subordinate to any mortgage, whether presently existing or hereafter arising upon the Premises or upon the Building and to any renewals, modifications, refinancings or extensions thereof (l,). Landlord is hereby irrevocably vested with full, power and authority to subordinate this Lease to any first mortgage, now existing; or lteream placed upon the Promises or the Building as a whole, and Tenant agrees upon demand to oxecute, such further instruments s0or'dinating the Lease or attorning to the Bolder of ally such first lien as Landlord may request. (c). Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been inodifications, that the sane is in full farce and effect as so modified), stating the dates to whicli rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. (d). Tenant shall, in the event of tlxe sale or assignment of all or any portion of Landlord's interest in the Premises or in the event of any proceedings brought for the foreclosure of, or in the event of exercise of the power of" sale under, or taking by deed in lieu of foreclosure of, any first mortgage made by Landlord Covering the Premises, give fall and complete attornment to the purchaser and recognize the purchaser as Landlord under this Lease for the balance of the term of this lease, including any extensions or renewals thereof; 19. ASSIGNMENT OF CHATTELS: Landlord shall notify the Tenant of any merchandise, fixtures, furniture and equipment left in the Preiiiises and shall provide fifteen (15) days for the Tenant to remove _C'<�- -20— —/J1 Landlord Initials Tenam In' .lass said propetty from the date the notice is sent by the Landlord. It is understood and agreed that any m-,rchandise, fixtures, furniture or equipment left in the Premises after the applicable, notice period shall be deemed to have beer) abandoned by Tenant and by such abandanmont Tenant automatically relinquishes any right or interest therein and Landlord is authorized to sell, dispose of or destroy same. 20. RIGHT Or FIRST REFUSAL TO PURCHASE — A. If during the initial term of this Lease Landlord receives a bona fide offer to purchase the Land and the Building, or any portion of the same, which Landlord, as app)'oved by a majority of its nre)nbers or principals, desires to accept, Landlord shall give Tenant written. notice of such acceptable offer, together with a photocopy of such acceptable offer, and Tenant may, by written notice to Landlord given within ton days After Landlord shall have given Tenant written notice of the,: acceptable ❑firer, elect to purchase the Land and Building, or the portion to which such acceptable offer pertains, on the same terms as set forth in such acceptable offer. B, if any such acceptable bona fide offer applies to all of the sand and the Building and Tenant fails to exercise such right of first refusal, such right sltall terminate and shall not be operative with respect to any subsequent sale of the Land and the Building, or any portion of the same, provided tho Land and the Building are transferred and conveyed to the contract vendeo named in such acceptable offer, its heirs, personal representatives, succesSOrS, or assigns, and if any such acceptable offer applies to less than all of the Land and the Building and Tenant fails to exercise such right of first refusal, as aforesaid, such right shall terminate as to any subsequent sale of the portion of the Land or the Building to which such acceptable offer pertains, provided the portion of the Land or the Building to which such acceptable offer pertains is trausfer ed and conveyed to the contract vendee named in such acceptable offer, its heirs, personal representatives, successors, or assigns, and the within granted right of first refi)sal shall remain operative with respect to the balance of the Land and the Building. C. The within granted right of first refusal shall not apply to any of the following transactions, each of which is specifically excluded ftow the application of this Section No. 20: 1. Any sale as between or among co -owners of the Land and the Building, or any portion of the same; 2. Any judicial sale (including but not Hinited to a inoitgage foreclosure sale, execution sale, oa• partition sale); 3_ Any conveyance made to the holdor of a bona fide mortgage affecting the Land or the Building, or any portion of the same, If the conveyance is made in lieu of the foreclosure of such mortgage, 4. Any conveyance of any portion of the Land to the County of Broward, its successors or assigns, Landlord Initials Tenant Initials 5. Any conveyance to a corporation, limited liability company or trust wholly owned by BH-NV FEDERAL 1-11GHWAY LLC, the landlord named in this Lease, at the time of such conveyance, or to any of Bli-NV FEDERAL HIGHWAY, LLC's members or principals; or 6. Any conveyance which does not arise out of a commercial arm's length transaction. D. The within granted right of first refusal is personal to SOJNA FOSTER AND JOEY FOSTER AND MAY NOT BE ASSIGNED. and may not be assigned. E. Uliless sooner terminated pursuant to this lease, the within granted right of first refusal shall end on: (1) the effective date of any termination of this Lease; (2) the effective date of any assignment of this Lease, except to a corporation or limited liability company wholly owned by all of the members of Bli-NV FEDERAL HIGHWAY, LLC at the time of such assignment or to a partiiership whose ttterabers are wholly comprised of all of the members of BH-NV FEDERAL HIGHWAY, LLC at the time of such assignment, whicliever shall first occur. 21. HOLD -OVER TENANT. In the event Tenant remains in possession of the Leased Premises after the expiration of this Lease and without the execution of a new lease, Tenant shall be deemed a holdover tenant and the tenancy shall be deemed a tenancy at sufferance, subject to all the obligations and conditions imposed upon "Tenant in this Lcaso. However, in such event, Tenant sliall be responsible to pay to Landlord for any period which Tenant shall hold the Leased Prealiscs after the term has expired, double the monthly rent, 22. NON-ASSTGNABILJTY The Leased Premises may be used and occupied only by Tenant and Tenant's Users, Tenant agrees not to assign this Lease or any interest therein or to sublet the Leased Premises as a Whole or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Tenant may sublease or assign all or part of the premises to. any affiliate or successor by way of merger, acquisition or similar transaction upon notification to Landlord and approval of Landlord, which shall not be unreasonably withheld, If the Tenant or any Guarantor is a corporation, partnership or limited liability company, a transfer or hypothecation of the majority ownership interest in the Tenant or sale of a substantial portion of the assets of the Tenant shall be deemed an assignment of this Lease. Consent by Landlord to one or more assignments of this Lease or to one or more sublettings of the Leased Premises shall not operate as a consent to any subsequent assignment or sublettings each of Which shall require Landlord's separate consent. Notwithstanding any such assignment, Tenant shall remain fully liable and shall not be released from performing any of the terms of this Lease absent the separate written agreement of Landlord. C -22— J(� Lance lnittals Tenant iti 23. OPTION TO RENEW. Tenant shall have the option to renew the lease terns upon written notice to Landlord given no later than three (3) months prior to the expiration of the initial term or the First Option Term, as the case may be, to extend the Lease for (a) one additional five (5) year ternn (the "first Option Terni") on the saine tennis and conditions as provided in this Lease except for the Minimum Rent, and (b) an additional five (5) year term (the "second Oenewal Term") on the same terms and conditions as provided in this Lease except for the Minimurn Rent. Landlord shall notify the Tenant within thirty (34) days from receipt of the tenant's notice whether the option to renew is approved, Landlord may withhold approval of the option to renew at their own discretion and renegotiate the lease under new terms. The Minimum Rent for the Option Terms shall be calculated and increased in accordance with section 4.2 of this Lease. Notwithstanding the foregoing, the options to extend this Lease shall be deemed null send void if (a) Tenant has defaulted under any of the terins and conditions contained within this Lease; or (b) Tenant has failed to timely provide written notice of the election of the option to renew in accordance with this section and section 24.9. 24. MISCELLANEOUS. 24-1 Non —Waiver. No delay or failure by either party to insist upon strict performance or observance of one or more of the covenants or conditions hereof or to exercise any right under this Lease, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. No waiver of any provisions of this Lease shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. The receipt by Landlord of Rent or any other payment required to be trtade by Tenant, shall not be a waiver of any other additional rent or payment then due, nor shall such receipt, though with knowledge of the breach of any covenant or condition hereof, operate as or be deemed a waiver by Landlord of any of the provisions hereof, or of any of Landlord's rights, remedies, privileges or options hereunder, 21_2 Headinfis.headings in this Lease are, for convenience only and shall not be used to interpret or construe the provisions of this Lease. 3 Time of the Essence. Time is of the essence for each and every obligation under this Lease. 23 — Landlord Initials Tenant Vain. 2.4 Walyer of Jury Trial. TENANT AND LANDLORD HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE 'TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY, THIS PROVISION IS A MATERIAL INDUCEMENT FOR LANDLORD ENTERING INTO THIS LEASE WITH TENANT. .S ttgraus' Ears. Cots wid Expenses. In any action or proceeding to enforce or interpret this Lease, including pre -suit proceedings, appeals or post judgjnent proceedings, the prevailing party shall be entitled to recover from the other party thereto the reasonable attor•ncy,i' fees, court costs, Filing fees, publication costs and other expenses incurred by the prevailing party in connection therewith. Venue. Jurisdiction _and Governing Law. The Lease shall be interpreted, construed and enforbed in accordance with the' laws of the State of Florida, Venue for any litigation involving this Lease sliall be Broward County, Florida. The parties agree to submit to the jurisdiction of the courts of Broward County, Florida. In the event of suit by the Landlord to collect Rent, Additional Rent or any sums due to Landlord hereunder, Tenant shall not interpose any counterclaim in such proceeding. Any claims for fraud or misrepresentation are hereby waived as a result of default by the breaching party. 24.7 Rule of Construction. The terms and conditions set forth in this Lease are the product of mutual draftsinanship and/or review by the patties hereto. Any ambiguities in this Lease or any agreernent prepared or to be prepared pursuant to or in connection with this Lease shall not be construed against any one party because of the draftsmanship. The Lease shall be interpreted in a neutral fashion consistent with the intent of the parties as stated herei rti. 24.E Neticcs. Any notice, request, demand, instruction, or other cotrnnunication to be given to any party to this Lease, shall be in writing and shall be sent either by: registered or certified mail; hand delivery; by Federal Express or other reputable courier service, and shall be deemed delivered upon receipt of said notice. The addresses for the purposes of this section may be changed by giving written notice hereunder. Unless and until written notice of a change of address is given in writing and received, the addresses as set Forth oil the signattire pages hereof shall be in affect for purposes of this paragraph, 24 ' cati Agreement gnd ere i R . This Lease sets forth all the promises, agreements, conditions and understandings between Landlord and Tenant relative to die Leased. Premises, and there are no promises, agreements, conditions or understandings, either oral or written, expressed or implied, behveen their, other than as herein set forth. This Lease may not be supplemented, modified or revised in any manner except by a single writing signed by ail parties hereto, no additional consideration required. Landlord Initials - 24 T Tenant I ttia s There are no prior or contemporaneous oral promises, representations or agreements not set forth herein inducing entry into this Lease and all prior negotiations, discussions, statements and representations are merged into this Lease. Tenant has not relied upon extra -contractual representation, inducement, promise, understanding, condition, or warranty not set forth in this Lease by any party, their representatives, and/or agent.The provisions of this paragraph cannot be modified by conduct, oral agreement or written agrcemuiit, unless signed by all parties licreto. 24.1 Q Cowiterparts, This Lease may he executed in one or more counterparts, each of which shall be deemed an original, but all ofwhich together shall constitute one and the same instrument. Confirmation of execution by fax signature: page shall be binding upon that party so confirming. I i Atatlu2rit,y-to_Sigit. By sighing this Lease, each party represents and warrants to all other parties that its execution of this Lease is duly authorized in accordance with applicable laws relating to such parties, that this Lease is fully enforceable according to its tea -ins against such executing party and that the individual executing on any Corporation's behalf has the requisite power and authority to do so. 24.12 &vorability. If any clause or provision of this Lease is determiner/ to be illegal, invalid or unenforceable under any present or future law by the final judgment of a court of competent jurisdiction, the remainder of this Lease will not be affected thereby. It is the intention of the parties that if any such provision is held to be illegal, invalid or unenforceable, tbcro will be added in lieu thereof a provision as similar in terms to such provision as is possible and be legal, valid and enforceable. 24-3 Confidentiality. The parties agree to keep the provisions its this Lease confidential and will not disclose these provisions to any person excluding the parties' accountants, attorneys, lenders and other professionals with whom the parties conduct business and to whom such disclosure is reasonably necessary; provided however that such person shall be advised of the confidential nature of this Lease at the time of such disclosure. 24.14 FurtheK Assurances. Each party covenants to perform any lawful additional acts, including execution of additional agreements and docunaents, as are reasonably necessary to effectuate the intent and puiposc of this Lease. 2-4di Binding Isffeci. This Lease binds the successors and assigns of each party. Notwithstanding the forgoing, Tenant has no right to assign or otherwise transfer its interest in the Lease, without the prior written consent of Landlord. 25. BROKER INVOLVEMENT. Landlord agrees to pity a brokerage commission of $4,250 PLR YEAR LEASE TO LOKATION REALMESTATE SERVICES provided in comiection with the Lease in -25— Landlord Initials Tenant utials accordance with the terms of the separate commission agreement. Except as specifically i&ndfiod above, Landlord and Tenant each represent and warrant to the other that they have not dealt, directly or indirectly, in conni=tion with the leasing; of the Premises, with any other broker or person entitled to claim a commission or leasing fee other than 26. RADON DISCLOSURE. RADON GAS: radon is a naturally occurring radioactive ,has that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional inforniation regarding radon and radoix testing may be obtained from your county health departnient_ Landlord Initials Tenant I tials ' TN WITNESSS WHEREOF, the undersigned parties have executed this Lease as of the date first above written. WITNESSES; Xr1 NUORD BH-NV FEDERAL HIGHWAY, i • '�� LI,C Si nature 5430 SW 25 AVENUE, ,,•- , FT. LAUDERDALE, FL 33312 tPrinte Signature i7_anz Y 4k As: Manager 1 � Print Name TENANT WITNESSES; .f ignature C� • Tint Name �W • r SignatureV0 fa (� As; i-eal'[4 Prins Name GUARANTOR WITNL�SSI; � %- I. ,Tp fZ!�,4.�gr , Individuldly STATE OF FLORIDA COUNTY OF 8W Z The fvregQing instrument was acknowledged efore me by means of M physical presence or El online notarization this �% day of 2021, by % r geRn1 , he/she is personally Ialown to mo and did take an oath. r BY. _ My Commission Expires: NaTARY PUBLIC, VFRA CLEMENT STATE OF FLORIDA AT LARGE Notary Public -State of Flotide f S` =• �= Commission # 00 915721 My Commission Expires Landlord Inli]a15 ir'�`ystiti September 23, 2023 T Want Xxt tiais PERSONAL GUARANTY fn consitle ation of and as an inducement to lessor to cantor into a certain lease dated the day of , (°`lease"), between BH-NV FEDERAL. HIGHWAY, L.LC ("Lan ar ') and I ` . ' Tenant") in reliance on this guaranty, (°`guarantor") jointly and severally unconditionally guarantees the due and punctual payment of all rent, both basic and additional, if any (as defined in the lease), and all other sunis due (including; interest and penalties) and to be paid by Tenant pursuant to the lease and the performance by Tenant of all the terms, conditions, covenants and agreements ofthe lease, and guarantors jointly and severally agree to pay all of Landlord's costs, expenses and reasonable attorney's fees incurred in enforcing the covenants and agreements of Tenant in the lease or incurred by Landlord in enforcing this guaranty. Guarantors waive notices of the acceptance of this agreement, presentment, protest, notice of protest and all demands for performance and all notices of nonperformance which might otherwise be a condition precedent to the liability of guarantor under this agreernent, and guarantors covenant and agree that Landlord may proceed directly against guarantors, or any, of theirs individually or in any combination, without first procceding or makings claim or exhausting any remedy against Tenant or pursuant any particular renledy or remedies available to Landlord. Guarantor jointly and severally Covenant and agrees that, without releasing, diminishing, or otherwise affecting the liability or guarantors under this agreement or the perf'ormanec of any obligation contained in this docunient, and without affecting the rights of Landlord, Landlord may, at any time and From time to time, and without notice to or further conscm of any guarantor: (a) make any agreement extending or reducing the term of the lease or otherwise altering the terms of payrrnent of all or any part of the rent, or granting any indulgences with respect to the teinii of rent or payment, or modifying or otherwise dealing with thr, lease; (b) exercise or refrain from exercising or waiving any right landlord Wright have; (c) accept security of any kind from Tenant; (d) consent to any assignment or Subletting in accordance with the lease by Tenant, its successors and assigns, made with or without notice to guarantor; (c) consent to a changed or different use of the Wised premises (as defined in the lease); and (f) release, elect not to exercise any right it may have with respect or settle to any guarantor without affecting Landlord's righis as against any other guarantor. Guarantor agrees that in the event of any one of the following: (a) Tenant shall become insolvent or shall be adjudicated a bankrupt; (b) Tenant shall file a petition for reorganization, arrangement or similar relief under any present or future provision of the bankruptcy Code; (c) such a petition filed by creditors of Tenant shall be approved by a court; -Z9— JA67,_ Landlord Initinls Tenant Inifials (d) Tenant shall seek a judicial readjustment of the rights of its creditors under any present or future federal or state law; or (e) a receiver Ora] I or part of its property and assets is appointed by any state or federal court, and in any such proceeding the lease shall be terminated or rejected or the obligations of lessee under it shall be modified, then guarantors will immediately pay to Landlord, or its successors or assigias: (i) an amount equal to all rent accrued to the date of the termination, refection or modification; plus (ii) an anlount equal to the then cash value of all rent which would have been payable under the lease for the unexpired portion of the (ann thereby demised, less the then cash rental value of the leased premises for the; unexpired portion of the term, tagether with interest on the amounts designated (i) and (it) above at the highest fate then payable In the State in which the leased promises are located or, in the absence of such a maxinwill rate, at the rate of 18 % per annum from the date of the termination, rejection or modification to the dare of payment. Neither guarantors' obligations to make payment in accordance with the terms of this agreement mar any.remedy for the enforcement of it shall be impaired, modified, changed, released or limited in any manna, whatsoever by any impairment, modification, change, release, or limitation of tile liability of Tenant or its estate in bankrtiptey or of any remedy for the enforcement thereof resulting from the operation of any present or future provision of the national Bankruptcy Act or from the decision of any court. This guaranty of lease shall be binding oil the successors and assigns of the guarantors and each of them acid inure to the benefit of the successors and assigns of the Landlord (including atty assignee of the lease, which may be assigned as additional security for a loan). Gu antors have caused this agreement to be executed and notarized .7 this day of 2021, STATE OF FI.O IDA : COUNTY OF 'Me foregoing instrument was acknowledged efore me by mea s of C physical presence or C7 online notarization this i day of - 2021, by ,. he/she is pei`sonally known to me and did take an oath. BY - My Comnlissi NOTARY PUBLIC, a VERA CLEMENT STATE OF FLORIDA AT LARGE 's Holury Public -State of Flollda • Gommisslon N GG 315721 my commission t xpirds -30— r Landlord Initials Tenant Ini als City of Dania Beachh, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 ID (964) 922-2687 Fax 17ANIA BEACH Standard Development Application El Administrative Variance ❑ Land Use .Amendment ❑ Plat Rezoning Site Plan Special (Exception Variance ❑ Other: RECEIVrl:) MAY 10 20�1 Date Rec'd: Petition No.:, V R (SEE APPLICATION FYP SCHWULC ON PAGES .3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this forrn and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their fallure to attend may imparl: upon the disposition of your application. As alwt�y% the applicant or their authorized legal agent must be present at all meetings. All projects must: also obtain a building permit from the City Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review`` Procedures and Requirements, Location Address: �j t `J �� ``i l i . 4 EL;3r? I ! )f illr ._ Lat(s):� Block; Subdivision: rr r Recorded Plat Name: Folio lVurnber(s); Legal Description; fi ; '_ ii +r rL f1ti(. " r :,4,} Y4 :S t7E'ii_ r{�1 +/ C.i', co _I l Itil! vi r (ApplicangConsuitant/Legal Representative (circle one) t - Address of Applicant: ;1 �_' # t �r c{ rti Business Telephone: Fax: E-mail address: .It.r, I (I ' �'• � L � .ti i ,+ 1`f1 Name of Property Owner:y"�i- Address of Property Owner: �1 t, N-),; Business Telephone: Home: Pax: Explanation of Request:For Plats ,01eass provide propos d Plat Name for Varlaaces pleasen attach WW_r& as per Secflon 625.40 of the Land Development Cade. Prop. Net Acreage: p ��a 1. Grass Acreage: Prop. Square Footage: G' 1 4 Existing Use: Proposed Use: C- " V' 1 of 4 Updated 0212021 Is property owned individually, by a corporation, association, or a joint venture? AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable Fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within IZ months of City of Dania Beach planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part G of the Dania Beach Land Development Coop. STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument 'lwner 1 Agenit'.sign, Pure*) was acknowledged _.._. BEFORE ME THIS rYY DAY OF A10 .20 ro � r. By: '� N Cy _� rr tlf S ti •an e (Print name of person acknowledging) (Joint owner signature if applicable) O try .y 6 Z. , Notary �U (Signature of Notary Public — State of ) �,• }, Personally known or Produced identification 1'iq.4y Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the apolication if an authorized agent signs for the owner(s). NOAPPLICATION WrLL SEAUTOMATICALLYSCHEDULED FORA MEETING. ALL APPLICATIONS MUST OF DETERMINED COMPLETE 6Y5TAff BEFORE PROCESSING OCCURS. 2 of 4 Updated D=021 Date: 5110121 RECEivED FROM Name: The Fresh Church Address: 2201 SW 42 AVE Address 2: CitylStlZlp: WEST PARK CITY OF DANIA BEACH No-001138 COMMUNITY DEVELOPMENT Payment Receipt FL 33023 Sa OO& or,ftern :.. Quantity Amount PSP - Public Hearing Items Application fee 1 $500.00 Piip0red, byt Ibel Larios TOTAL DUE: $500.00 Additional Information *PUBLIC HEARING ITEM APPLICATION" ADDRESS: 714 SOUTH FEDERAL HIGHWAY PROJECT: VARIANCE FOR SEPERATION OF DISTANCE CHECK- 156 The Fresh Church caasrrfia � 2201 SW 42nd Ave West Park, PL 33023 Wells Fargo f For ll fit,-r c C Qe���I❑7543oa 750,la797g7I1i4 0&SP3 an C{iG &SAF E' D PAYMENT DATE 05/10/2021 COLLECTION STATION City Hall Window 1 RECEIVED FROM THE FRESH CHURCH DESCRIPTION 22C1 SW 42 AVE WEST PARK, FL 33023 City of Dania Belch 100 W. Dania Beach Blvd. Dania Beach, FL 33004 PSp Appi Review - Standard 714 SOUTH FEDERAL HIGHWAY Payments: Type Detail Amount Chec* 156 $600.00 Customer Copy Total Amount: II BATCH NO. 2021-08000419 RECEIPT NO. 2021-00025954 CASHIER fincashierl ENTRY DATE 05/10/2021 09:50:46 AM 0.00 Printed by: fineashier'i page 9 e4 1 05/10/2021 09:Sa:46 AM City of Oanla Beachr P116r.lide department of Community Development Planning and Zoning Division (994) 924-6803 X3643 (954) 922.2687 Fax DAt�iA': i�i�H srr,,r rvr.A LfArl: EP = Standard Development Appiication " t ,� E3,�F` •.-;r! ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat Rezoning site Plan Speclal: Exception ,VOriance Other., Y A I 7 i;y Petition Na.: (56C APPLICA rrON TYPE SCHEDULE ON PAQeFS -7 -0 4) TMIS.APPLICATION WILL NOT .BE ACCEPTED UNTIL. FT IS COMPLETE AND SUBMITTED WITH ALL: NECi SARRY DOCUMENT& Refer to thq. opplicailon type at the bop of this form and "Required Documentation" checklist to. determine the supplernental documents required- with each applicatlon, For after the 6ci applications, the responsible contractor of record shall be present at the board hearing. Their fail Lire to attend may.lmpact upon the disposltlan'of your -applicatioh. As always, the applicant or their authorized legal agent must be present at all rileetings. All projects must also obtain a building permit from the City Building Qivislon.. For.. more Information please. reference the Dania Beach Land Development code Part 61 Developrt ent Review Procedures and Roquiremetits. Location Address: J I'iS" s14xc� E`��'c�l t'l atrua_ #<;�:+ i •. ! 3. Lot(s). Bl.ock:__ Sobdivislon: Recorded Plat Name: Folio Numbel•(s): f)1) C? � :3 I Legal I]e rlption:� 2.- NG yJ �r N �!LUF --5w q4 Appprant�',Consultant/Legal Representative (circle one) .- r:,kr •�r�nr� . Address Of Applicant: S.An - 0 --811111 Sf._ LIar, Business Telephone:Nome; Fax: E-maiI address: 30nLek,. I)���."Yyl -_ --- — Name of Property Owner: LL Address of Property. Owner: P;t Aal A Busing ss Telephone: HaEne:. Fax: - — Explan8ti6il of kequest: f For Plats please, provide propos Plat Xime for Varlances please attach ' l as per Settlan 625.40 of the 1a1id Developmenr* Code. Prop. Net Acreage: a ' Gross Acreage: Prop. Square Footage; Existing Use; Proposed Use; 1 of 4 Updated =2021 Is property owned venture? r,,(A ,i ,_ (= corporatian, association, or a joint I/we are fully aware of the request being mad to the City _ D nia Beach. If I('�111e are unable to be present, I/we hereby authorize � � (individual/firm) to represent mejus In hll matter _ lated to this applircatiarr. I/we hereby acknowledge that the applicable fee vijs established to offset administrative costs and is not refundable. X f we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning guard -or City Commission aRpraV'al, or pursuant to the expiration tomeframe listed in mart 6 of the Parris seach i a►rj Development Code, STATE OF FLORIDA COUNTY OF SROWARD � The foregoing instrument (Owner f Agent signs a*) was acknowledged BEFORE ME THIS DAY OF Mot 2Q_��/ By: (Print name of p n ac owledging) (jnl: t owner signature if applicable) Notary NQU(V PubILO $late of FkKM #` Csrws Hand= Loper (Signature of Notary biic State of 4Lw ot Explo, 02412024 as Personally known or Produced Ydentiticetiah Type of identification produced: or Drivers Ucer:se - - *If joint ownership, bath parties most sigtt. If;partnership, corporation or asso iation, an, o0thorized officer must sign -.on behiff of the group. A notarized [utter of authorization from the owner 61 record must accompany the application if an authorized agent signs far the 6Wfter(s)._ N4 Ap,PI_.fCA noN wit-L BEAVIVNAIICAU]' SCHEVVIED FOR A MEETING. ALL APPLICATTONSMUSrOfVEJ"IERMIXED COMPLETE RYSrAFJJF BEFORE PROCESSING OCCURS. 2Of4 umm,lt:d o 02 i PAYMENT DATE 05/27/2021 COLLECTION STATION City Hall Window 2 RECEIVED FROM THE FRESH CHURCH City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 DESCRIPTION 714 S FEDERAL HWY PROJECT: PARKING VARIANCE FILE # VA-40-21 .RR,Pt Review - Standard„ Payments, Type Detail Amount Check - - 158 $500.00 Total Amount; Customer Copy Printed by: fincashler2 Page 1 of 1 BATCH NO. 2021-08000481 RECEIPT NO. 2021-00028045 CASHIER fincashier2 ENTRY DATE 05/27/2021 02:37:43 PM .�soo.00. 00 05/27/2021 02:37:43 PM CITY OF DANIA BEACH No:001147 COMMUNITY DEVELOPMENT Payment Receipt Date: 5127/21 RECEIVED FROhA: Name: The Fresh Church Address: 22101 SW 42 AVE Address 2: City/StIZIP: West Park FL 33023 Service or. Item Quantity Amount PSP - Public Hearing Items Application fee 1 $600.00 Prepared by: Ibel Larlos TOTAL DUE: $500.00 Addltlonal Information *PUBLIC HEARING ARP* ADDRESS: 714 SOUTH FEDERAL HWY PROJECT: PARKING VARIANCE FILE #: VA-40-21 HECK #: 159 SunSentinel � w� FOWN! PueLiSHINOOPOUP OrderlD: 7004788 GROSS PRICE : $345.10 PACKAGE NAME: SSC Notice of Public Meeting Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.eom AdSize(s): 2 Column Run Date(s): Wednesday, July 28, 2021 Zone: lull Run Color Spec. B/W Preview NOTICE OF PUBLIC HEARING CiTY OF DANIA BEACH, FLORIDA A public Hearing will be conducted by the WY Of Dania Beach Planning &Zoning Board on the following date to consider the following application: DATE: Wednesday, August 11, 2a21 TIME: 7:00 p.m. or as soon thereafter as the same may be heard PLACE: Please call a week ahead at 954-924-6805 Ext.3792 to confirm meeting location: IFVIRTUAL: Pieasevisitwwwdaniaboachf.gov/Vrtualineetingsfordetailed instructions and the specific requirements for participating in the Civs virtual quasi-judicial land use meetings. IF IN PERSON: City Commission chambers Dania Beach City Hail 100 West Dania Beach Blvd. Dania Beach, FL 33004 SUBJECT: VA-038-21 VA-040-21: The applicant, Sonja Faster, Is r,�qquesting variances to waive the distance separation requirement of nn�e-thousand five -hundred (1,500)foat between places of worshipipublic assembly as required by section 302-20(a)(6), and to waive a portion of the minimum required off-street parking required by section 265-50, for the property located at 714 S. Pederal Highway. The following Is the proposed Resolution of the matter. A RESOLUTION OFTHE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A VARIANCE (VA-038-21) WAIVING THE DIS- TANCE SEPARATION REQUIREMENT OF ONE -THOUSAND FiVE~HUNDRED (1,500) FEET BE- 1WFEN PLACES OF PUBLIC ASSEMBLY REQUIRED BY SECTION 302-20(,0,)(6) OF THE LAND DEVELOPMENT COOF (LDC), AND A VARIANCE WAIVING A PORTION OFTHE MINIMUM REQUIRED OFF-STREET PARKING REQUIRED BY SECTION 265-50 OF THE LDC; SUBMrrTED BYTHE APPLICANT, SONJA FOSTER, FOR PROPERTY LOCATED AT 714 SOUTH FEDERAL HIGHWAY WITHIN THE C(1Y OF DANIA BEACH, FLORIDA, A5 LEGALLY DESGRIBED IN EK- H18tr "A:" PROVIDING FOR ODNFLiGTS; PROVIDING FOR SEVERABILJTY; FURTHER, PROVID- ING FOR AN EFFECTIVE DATE. copies of the proposed requests or applicable information are available on line, For more information, please call the Planning DiVislon at (954) 924-6805 Ext, 3704 and staff will directyou to the online project information. Please be advised that if a person decides to appeal any decision made by Local Plan- ningAgency, the Planning and Zoning Board or the city commission with respect to any matter considered at this hearing, such person will need a verbatim record of the pro- ceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based, The city does not provide or prepare such record pursuant to CS, 286.0105. Printed: 7/26/2021 11:11:42 AN Page 2 of 3 Agency Commission not included unSen .in l FORUM PUBLISH1140 GRI7UP Order ID: 7004788 GROSS PRICE * : $345.10 PACKAGE NAME: SSG Notice of Public Meeting in accordance with the americans with oisabilitiesAct, persons needingasslstance to participata In any of these proceedings should contact the City Clerk's ofFlce, too west Dania tteach Boulevard, Dania Beach, Flonda 33004, (954) 924-6800 EXt. 3624, at feast 48 hours prior to the meeting. Application Information Application Site: 714 South Federal Highway Pr*ct:Yo request variances to waive the distance separation requirement of one -thou- sand five -hundred (1,500) feet between places cfworshiplpubllc assembly as required by section 302-20(a)(6) and to wsrve a portion of the minimum required off-street park - red by Section 265-50, Application: variances Applicant sonja roster, EZepfesentative Hearing Date &Time: August 11, 2021 at 7:00 PM Hearing Location: please call a week ahead at 954-924-6805 FXt. 8792 to confirm meet- Ing location: if Virtual' Please%sitwww.daniabeachfl.gov/virtualmeetngs for detailed instructions and the specific requirements for participating in the cltys virtual quasi-judicial land use meetings. If In persomcity commission Chambers, Dania Beach city Hall, 100 west Dania Reach, Boulervard, Dania Beach, FL33004. contact information: Richard Lorber, Planning & Zoning Manager, (954) 924-6805 EKt 3640 7/2812021 7004788 Printed: 7/26/2021 11:11:42 AN Page 3 of 3 * Agency Commission not included AFFIDAVIT �C CITY OF DANIA BEACH'., FLORIDA JUL 2 9 'lrl;_'1 COMMUNITY DEVELOPMENT DEPARTMENT POSTING OF PUBLIC HEARING NOTICE SIGN STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, personally appeare 1 .n �� who, after being duly sworn, deposes and says: 1. I, am an individual over the age of 18 years old and (CHECK APPLICABLE SPACE) I am the property Owner, OR r r I am a representative of the property owner(s), {K E%nd �i rrl 2yn_ , for property located at 7IL4 F c fthe. `Property"), and this sworn statement pertains to the application for rr G ccn. relating to Petition numbers 6-39k in the Code of Ordinances of the City of Dania Beach, Florida, 2. Pursuant to Sec. 10-30(B)(1) of the Land Development Code of the Code of Ordinances of the City-af Dania Beach, Florida, on 18, 2021, I posted, or caused to be posted, a public notice sign along str et frontages of the subject Property, with the sign being at least three (3) square feet in area, and between ten (10) and twenty (20) feet from the edge of street pavement in a manner so as to be completely visible from the public rights -of -way. For a subject property having more than five hundred (500) feet of street frontage on any single street, one (1) additional sign was posted for each five hundred (500) feet or fraction thereof. Notwithstanding Section 610-30 (6), if I, as the owner, applicant or agent, am aware that the sign is destroyed or ,removed from the property, or damaged beyond full legibility, I am responsible for obtaining another sign from the city and posting the sign on the property. Prior to the Public Dearing the sign(s) shall remain on the property until final disposition of the application. This shall include any deferral, rehearing, appeals, request for review or hearings by another body. The sign information shall be changed as needed to reflect the information to be provided as specified in Section 610-30 (l). PUBLIC HE, NOTICE Petition number: Date: Time: 7:00 PM Telephone number of the City's Community Development Department: (954)924-6800 Ext. 3654 3. A true and accurate copy (copies) of the subject sign(s) is/are attached to this Affidavit and incorporated by this reference. FURTHER, AFFIANT SAYS NOTHIM Sworn to and subscribed before me on 24 �11 2021 My Commission Expires: ANASTACIAHUGHES *; MY COMMISSION # GG 924306 ' or EXPIM. February 19, 2024 EXHIBIT "A" COPY OF PHOTOGRAPH(S) NERY "(fli'muslC IS SOEp Q 0-t4'& 4.111ow n R1 clTy O1F D AN I A � , fBEACH ir WFARI %o-V1VE of i Sn4 ! 1 Ills dii , `nECsl Sep�r'31r011 r€A" SVC AP T —1c PL ortiort o1 llic min. r44 ;m Qnrking 6 arid Lull \Ys�r€r ss p Rcq h5. S€c. 3fi5•S(1. h ti+ ten pl, tes "[uunlvp req. by 5Cc. 3l1_ _[1(a}l 1 Clly�nnsnUx+��n �ha 11,74 Dania I3CnC 'lymall. 100 W (?an1a lu:ich 11 by �1• PIC �'a�n L'7.�rslfQei'�� FL)3l7(1i t pled. Umia }3earh, -Q�.p1T1Q�quo� .iqu[1e�d wniAS � AL 7 d0 11M T1N1� & DATE:wcanlsf� .mi u5111• ; f OR IN V ORM NT I ON AND 7C� cONFI�tM �E�T�NG LOCXTSO CALL THIF C17'Y OI_ DANIA BEACH AT u d_Q24LLb8U5 �;xt. 3792 DANIA BEACH SEA li, LIVE Ti. LOVt IT, AFFIDAVIT CITY OF DA.NIA BEACH, FLORUDA. COMMUNITY DEVELOPMENT DEPARTMENT' MAILING LIST AND LABELS STATE OF FLORIDA COUNTY OF O Gt (� BEFORE ME, tile g ye undersigned authority, personally appeared (Print Name) who, after being duly sworn, deposes and says: 1. 1 atn an individual over the age of 18 years old and (CHECK APPLICABLE SPACE) _ I am the property Owner of the property identified below, 1-t-AY 13 2021 OR i represent to the City of Dania Beach Flor Jda that I am an utho lzed agent and representative of the property owner(s), 4ptln amt arproperty Owner} for the property located at ' ct i� the `°Property„), and his [address] sworn statement pertains to the application for (BritAy desaibe applicaUon, such is "Site peen approval' or a "variance" ar a "sptciel exemption") relating to Petition numbers) 2, Pursuant to Sec. 610-20(D) of the Land Development Code ("LDC°) of the Code of Ordinances of the City of Dania Beach, Florida, I understand that there is a mailing date deadline for notices and that as the applicant for the petition, I must provide the City with: • One (1) set of Mailing Labels, and • One (1) copy of the mailing list for all property owners who or which own property located within 1,000 feet of the subject property. 3, 1 understand that I am legally responsible for timely providing the City with the mailing labels and mailing list a minimum of twenty-five (25) days prior to the mailing date (for projects which may have more than 200 mailings, 1 understand that City staff may request labels even earlier). The mailing date is`[T]he mail notice 20 I am also aware that pursuant to LDC See. 610-30(D)(3), shall contain substantially the same information as provided in the newspaper advertisement for the same application, and shall also contain the legal description of the subject property, the approximate relation to the nearest cross street(s) and a map or demarcated aerial photograph showing its approximate size, location and relationship to adjacent properties," 4. If I do aiot timely provide the mailing labels and mailing list, the City will need to delay the processing of the application. OWNER OR RE'EPRESENTATIVE: Signature PRINT Name Title JOINT OWNiiA (A+ APPLICABLE) Signature PRINT Name Title TF COUPORATION LIMITED LIABILITY COMPANY LIMITED PARTNERSIOP OR OTHER ENMY; Legal Name of ill Leg Corporation or Entity) a ygnature _�R �(� IPRnNT Name OA q, Title On F , 2� personally appeared#,, m �ztc.� and (if applicable, there is a co-owner) as the Owner(s) of the property described above. Such persons) is/are personally known me or produced hislher1their identification. NOTARY PUBLIC State of Florida My Commission Expires: ;,� VERA CLEMENT `r t rNalvy Public -State of Florida *- Commission # GG 915721 My Commission Expires eptember 23 2023 2 r, cm V mr—) MAY 18 Z021 rdi I'Y11ami I public hearing notification services cerlifled lists of property owners within a specific radius + radius reaps + malling labels + mallouts + notice of public hearing site posting rdrrniami.com I diano@rdrmiami.com 1 305A98,1614 May 11, 2021 City of Dania Beach Planning & Zoning Division 100 W Dania Beach Boulevard Dania Beach, FL 33004 Re. Property owners within 1,000 feet of: SUBJECT: 714 South Federal Highway, Dania Beach, FL 33004 FOLIO NUMBER: 5142 03 00 0631 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 1,000 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on file in the Broward County Property Appraisers' Office. Sincerely, Diana B. Rio Total number of property owners without repetition: 248, including 2 international (This total includes one address label to the Planning & Zoning Manager, one address label to the Community Development Assistant Director, and in case of a condominium, one address label to each Condominium Association as listed as registered with the Florida Department of State Division of Corporations) State of County of; { a BEFORE ME: an officer duly authorized to take acknowledgments, on this 4 day of personally appeared 1r 6,wi _ who is personally known to me Arid who did not take an oath, who executed the foregoing, and executed the same freely and voluntarily for the purposes therein expressed. WIZAZ��- Notary Public Dated this 1 -' day of Commission Expires: I -- ,5— Seal Mabel Rev Comm. # MUM Eghw: Doc 15, 20 &nW'mruAaron Nl" Rio Developrrant Resourcas, ,LX C'RDR') has used its best efforts to collecting the Information published in this report and the findings contatrred in the report are based solely and exclusively on information provided by you and lnformatlon gathered frofn public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnffy RDR from any and all losses, damages, liabilities and expanses which can be claimed against ROR caused by or related to this report. �� rdr I'1'Iiami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mahouts + nolice of public hearing slie posting rdrmiami.cam I diona@rdrmiami.com 1305.498.1614 A 1,000a RADI S MAP N . 1A.; "*' f 1 66" "11 _ VN i rftsgg I a.'a moor SUBJECT: 714 South Federal Highway, Dania Beach, FL 33004 FOLIO NUMBER: 5142 03 00 0631 0 u° ❑ > > ❑ a > x x x � > x m Z) S x S Z) a D �cp ¢> m d> M o oa § Gpa O vp vp� O a 5>� m$,, CS m m 29 $xD §��� Icy `m S= en m m m m I� C m m s m m �m m m m m m m m m "r�i �O m m m m t 1r m m m er, m m m M m `r�i m m m m m m m m m m a VVVFFF L4 LL LL LL W W 66 LL lL Id. W- 4i 4L W, LL LL LL- LL, LL LL LL J 'L J LL LL L+. 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FL 33021 DANIA BEACH, FL 33004 TOWERS, MARY K TREMBLAY. CHRISTINE M & BRUNO M J TROSCLAIR, KATHERINE D 222SW8ST 42SW12ST 36SE8ST DANIA BEACH, FL 33004 DANIA BEACH, FL 33004 DANIA BEACH, FL 33W4 URIBE, SEBABTIAN ALEJANDRO VANCE, DOUGLAS E & ELIZABETH J VASKOVIC, TOMISLAV & KATARINA 215SE6ST 27SW6ST 219SE7ST DANIA BEACH. FL 330a4 DANIA BEACH, FL 33004 DANIA BEACH, FL 33004 VICKSTROM, TODD VLK, MARLENE S & VUKOVIC, MILOS 111E VICK5TROM, JULITTA BRADLEY STILLEY, JAMES ALLEN GOMEZ HERRERA, MARGARITA 207 SW 11 ST 48 $IT 8 ST 36 SW 12 ST DANIA BEACH, FL 33004 DANIA BEACH, FL 33004 DANIA BEACH, FL 33004 WALDMAN FAM IRR TR WALLACE. BEVERLY A WALTERS, ALBERT L & LILIAN E WALDMAN, OREN TRSTEE PHILLIPS, M K 87 DOBBS FERRY LOAD 859 COLUMBUS DR 802 SW 2 AVE WHITE PLAINS, NY 10607 TEANECK, NJ 07666 DANIA BEACH, FL 33004 WEBER -CASTOR, KARA WARNER, DAVID WARZYBOK, WALTER M KARA WEBER -CASTOR REV L)V TR 1230 NW 13 CT 208 SE 8 ST 25 SE 11 FORT LAUDERDALE, FL 33311 DANIA BEACH, FL 33004 DANIA BEACH, FL FL 33004 WESTCOTT, CHRISTOPHER M WHITE, JOHN J WIELANDT, BRENT 235 SW 7 ST 31 $W 11 ST 207 SE 8 ST DANIA BEACH, FL 33004 DANIA BEACH, FL 33004 DANIA BEACH, FL 33004 WIELANDT, RICHARD T & ETTA JO 243 SE 6 ST DANIA BEACH, FL 33004 ZANYK, CHRISTOPHER LLEWELLYN, DANIEL 1422 CANARY ISLAND DR WESTON. FL 33327 XHAJA, SHKE=LQIM 2306 21 ST Al I ASTORIA, NY 11105 ZORG HOLDING D5 LLC 231 774TH ST #808 SUNNY ISLES BEACH, FL 33160 ZAFONTE, LEONARDZ GAMBELLA, VITA 231 NW 193 AVE PrMBROKE PINES, FL 33026 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DANIA BEACH STAFF REPORT SEA IT, LIVE 11,LOVE n. DATE: August 11, 2021 TO: Planning and Zoning Board VIA: Eleanor Norena, CFM, Director FROM: Corinne Lajoie, AICP, Assistant Director Richard Lorber, AICP, Planning & Zoning Manager' SUBJECT- TX-051-21: The applicant, City of Dania Beach, is requesting a text amendment to the City Code, to adopt the new Seawall Height Standard mandated by Broward County. REQUEST TEXT AMENDMENT 1, Creating Article XVII of Chapter 12 governing Flood Damage Prevention to adopt the required standards for seawall height as mandated by Broward County. 2, Amending Article 240 of the Land Development Code, entitled "Docks and Mooring Structures" to add a corresponding section governing seawalls. Broward County has set a new regional standard for coastal flood barriers to partially address future sea level rise conditions, as consistent seawall heights are necessary to protect the community from escalating impacts. All Broward County cities with tidally -influenced areas must follow the regional standard for minimum tidal flood barrier and seawall heights. Local governments, including the City of Dania Beach, are required to adopt a local ordinance implementing the regional standard by February 13, 2022. The new standard is a minimum seawall and top -of -bank elevation of 5 feet by 2050, for all new tidal flood barriers and substantial improvements to shorelines and shoreline structures, An allowance of 4 feet NAVD 88 until 2035 may be granted by the City if the project is designed and constructed to accommodate a minimum elevation of 5.0 feet NAVD 88 by January 1, 2050. The regional standard was developed with by the County together with the U.S. Army Corps of Engineers (USACE), and had input from the marine industry, real estate community, engineers, planners and other stakeholders with extensive public outreach. Planning & Zoning Board August 11, 2021. Page 2 The new standard would be applied to any new seawall construction, and to any property proposing to build new docks or marine structures. Projects going over 50% of the value of the existing seawall would also be required to meet the new standard. Finally, in future, if flooding is occurring and affecting neighboring properties or roadways because of inadequate seawall protection, the property can be cited and given one year to come into compliance. PLANNING AND ZONING BOARD ACTION This application requires two (2) public hearings by the City Commission. Prior to the City Commission hearing, the Planning and Zoning Board is required to make a recommendation. RECOMMENDATION Recommend approval of the ordinance to the City Commission. ORDINANCE NO.2021-xxx AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OIL DANIA BEACH, FLORIDA, AMENDING CHAPTER 12 OF THE CITY CODE, ENTITLED "FLOOD DAMAGE PREVENTION, BY CREATING ARTICLE XVII ENTITLED "'SEAWALLS" ADOPTING THE REQUIRED STANDARDS FOR SEAWALL HEIGHT AS MANDATED BY BROWARD COUNTY; AND BY AMENDING CHAPTER 28 OF THE CITY CODE, ENTITLED "LAND DEVELOPMENT CODE", ARTICLE 240, ENTITLED "DOCKS AND MOORING STRUCTURES" TO ADD SECTION 240-30, ENTITLED "SEAWALLS" TO REFERENCE THE REQUIRED STANDARDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER.ABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Board of Commissioners adopted new Regional Standards on January 7, 2020, as a part of the land use plan Policy 2,21.7 which applies to all tidally influenced properties within Broward County; and WHEREAS, the new regulations govern top elevations for seawalls, banks and berms, and other appurtenant infrastructure (e.g., boat ramps) consistent with the Endings and recommendations of the United States Airny Corps of Engineers/Broward County Flood Risk Management Study for Tidally Influenced Coastal Areas.; and WHEREAS, in order to ensure coordination, consistency and maximum effectiveness of improvements necessary to mitigate high tide flooding associated with sea level rise, local governments are required to adopt a local ordinance implementing the regional standard by February 13, 2022, and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public heating on , 2021 and recommended approval of the amendment; and WHEREAS, the City Commission finds that the approval of the amendment will bring the City of Dania Beach into conformity with Broward County mandated code requirements; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with law; and NOW, THE'RlEi1FORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 12 of the City Code, entitled "FLOOD DAMAGE -PREVENTION" be amended to add ARTICLE XVII, entitled SEAWALLS to read as follows: ARTICLE XVII. -SEAWALLS Sec. 12-84. Purpose and intent. The purpose of this article is to establish a consistent minimum elevation for tidal flood barriers that will: a Provide a standard for flood mitigation infrastructure that serves as a barrier to tidal flooding, not seepage, by accounting for water levels predicted under combined conditions of sea level rise, high tides and high freguency storm surge through the year 2070; and b Ensure new shoreline structures and major shoreline improvements are designed for use as tidal flood barriers through application of consistent standards that account for future gredicted tidal flood conditions and coastal water levels associated with sea level rise in accordance with current regional sea level rise promections, as updated and adopted by the Broward County Board of Count Commissioners. Sec. 12-85. Applicability. This article a2plies to all new tidal flood barriers substantial repair or substantial rehabilitation to shorelines and shoreline structures, and the installation of any fixed infrastructure attached to tidal flood barriers (such as mooring structures). This article is not applicable to oceanfront beaches or shorelines seaward of the Coastal Construction Control Line. Sec.12-86. Definitions. For the purposes of this article the following termsphrases, words and their derivation shall have the meaninju given herein except when the cantext-dearly indicates a different meaning. In the interpretation and application of this article the definitions provided for herein shall control over definitions that may -be included in other documents or manuals, including, but not limited to, the Florida Building Code, Words used in the present tense include the future tense words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatorV and the ward "ma " is permissive. Bank means the levels ace separating a waterway from an inland area often elevated and constructed of compacted soil. Berm means an earthen mound designed with impermeability to resist the flow of tidal waters through it to an adjacent Property or public right-of-way. Green -grey infrastructure or green -grey materials means a combination. of engineered and natural features that provide environmental qualities and ecosystem value. Mooring structure means a boat dock Op, davit hoist lift floating vessel platform, magring pile,or similar structure attached to land or to a seawall, to whic_h_a vessel can be moored. North American Vertical Dat.um-tNAVD881 means the vertical control for datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988. Public nuisance means a condition in'urlous to the public health or safety of the community or neighborhood, or injurious to any considerable number of persions, or a condition that obstructs the free passage or use in the customary manner, of any public right-of-way, Rip -rap means a foundation of unconsolidated boulders stone rubble concrete without protruding, rebar, or similar materials placed on or near a shoreline to mitigate wave impacts and prevent erosion. Seawall means a vertical or near vertical often interlocking) structure placed between an upland area and a waterway or waterbody for erosion control. Seawall cap means a concrete box structure (usually reinforced that connects seawall panels,piles and anchoring s stem if resent together at the top. Shoreline means a tidally influenced area where land meets water. Substantial repair or substantial rehabilitation means; a Any modification to the shoreline or a shoreline structure along more than tifty percent 50°%a of the length of the property's shoreline; or b Any modification alteration or installation of an appurtenant structure such as a mooring - structure) that exceeds fifty percent 50% of the cost of a tidal flood barrier along the property's shoreline. Tidal flood barrier means any structure or shoreline feature including, but not limited to banks berms. -berms. - green -grey infrastructure seawalls seawall caps, upland stem walls or other infrastructure that impedes tidal waters from flowing onto adjacent propeny or public right-of-way,and located within or alone a tidally influenced area. This definition is not meant to include rip -rap, derelict erosion control structures, or permeable earthen mounds that do not provide an impermeable water barrier to. tidal flooding. Tidally influenced area means the real property adjacent to, or affected by, a waterway with water level changes in response to the daily tide. Sec.12-87. Minimum elevations for coastal infrastructure within tidally influenced areas. (a) All new or substantially repaired or substantially rehabilitated banks, berms green -grey infrastructure, infrastruct re seawalls seawall caps, upland stem walls or other similar infrastructure shall bp - designed and constructed to perform as tidal flood barriers. Tidal flood barriers shall have a minimum elevation of five 5 feet NAVD88. Applications for new or substantialiV repaired or substantial) rehabilitated tidal flood barriers submitted prior to January 1 2035 may be permitted a minimum elevation of four (4) feet NAVD88, if designed and constructed to accommodate aminimum elevation of five (5) feet NAVb88 by January_1,_2.05.0_, (b) All property owners must maintain a tidal flood barrier -in -good repair. A tidal flood barrier is presumed to be in disrepair if it allows tidal waters to flaw unimpeded through or over the barrier and onto adjacent Property or pubric d ht-of-wa . Failure to maintain a tidal flood barrier in good repair shall be a citable offense. The owner of the tidal flood barrier shall demonstrate progress towards repairing the cited defect within.sixtM (601 days after receiving a citation and shall complete repairs, within three hundred sixty-five (365) days after receipt of the citation. If the required repair or rehabilitation meets the substantial repair or substantial rehabilitation threshold no later than three hundred sixty-five 365days after receipt of the citation the property owner shall design, obtain permits, cause to be constructed, and obtain final inspection approval of seawall improvements that meet the minimum elevation and design requirements. c Tidal flood barriers below a minimum five S feet NAVD88 elevation shall be improved, designed, and constructed so as to prevent tidal waters from impacting adjacent prop er ty or public right-of-way. Causing suffering, or allowing the trespass of tidal waters_ o_nto_adiacent property or public right-of-way is hereby declared a public nuisance and a citable offense requiring abatement. The owner shall_ demonstrate progress toward addressing the cited concern within sixty 60days after receipt of the citation and complete the construction of an approved remedy no later than three hundred sixth( -five (365) days after receipt of the citation. (d) Tidal flood barriers shall be designed and constructed to prevent tidal waters from flowing thr-ouph the barrier while still allowing for the release of upland -hydrostatic ressure. e To the extent practIcable, tidal flood barriers shall be designed and constructed to adjoin immediately proximate tidal flood barriers to close gaps and prevent trespass of tidal water. f All tidal flood barriers undergoing substantial repair or substantial rehabilitation shall be constructed along the ro ert 's entire shoreline. (g) All tidal flood barriers shall be constructed with natural I_i_merock rip -rap, or other approved habitat enhancement at the waterward face of the structure. (h) Property owners are encouraged to consider approaches and materials that enhance the biological value of traditional (flat surface) seawalls and flood barriers with the incorporation of living shoreline features, use of hybrid green -grey materials, and the use of biological forms, where practicable. i This section shall not be construed to require the installation of a seawall where other flood protection measures serve as an equally effective tidal flood barrier. (1) Tidal flood barriers capable of automatically being elevated in advance of high tides to prevent tidal flooding are permissible, provided that automation cannot require daily human intervention. Sec.12-88. Reauired disclosure in contracts for sale of real estate. In any contract for the sale of real estate located in tidally influenced areas of Broward County executed after December 31 2020 the seller shall Include in the contract or a rider to the contract the following disclosure in not less than fourteen -point, capitalized, bald -faced 'type: THIS REAL ESTATE IS LOCATED IN A TIDALLY INFLUENCED AREA. THE OWNER MAY BE RE UIRED BY COUNTY OR MUNICIPAL ORDINANCE TO MEET MINIMUM TIDAL FLOOD BARRIER ELEVATION STANDARDS DURING CONSTRUCTION OR SUBSTANTIAL REPAIR OR SUBSTANTIAL REHABILITATION OF SEAWALLS BANKS BERMS AND SIMILAR INFRASTRUCTURE OR WHEN REQUIRED TO ABATE NUISANCE FLOODING. Section 3. That Chapter 28 of the City Code, entitled "Land Development Code", Article 240, entitled "DoGks and Mooring Structures" be amended to add Section. 240-30, entitled "Seawalls" to read as follows: ARTICLE 240. - DOCKS AND MOORING STRUCTURES Sec. 240-30. — Seawalls Tidal flood barriers shall have a minimum elevation of five 5 feet NAVD88. Applications for new or substantiallypaired or substantially rehabilitated tidal flood barriers submitted prior to Januai l 2035 rrra be permitted a minfinum elevation of four 4 feet NAVD88 if designed and constructed to accommodate a minimum elevations of five 5 feet NAVD88 by januaXy 1 2050. See Cho tear 12 ARTICLE XVII regulating seawalls. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 6. That this Ordinance shall be effective immediately upon its passage and adoption on second reading. PASSED on first reading on , 2021. PASSED AND ADOPTED on second reading on ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS. THOMAS J. ANSBRO CITY ATTORNEY 2021. TAMARA J.A.MES MAYOR 8�;��I�UARD cou,vr� Build It High, Keep It Dry Regional Standards for Seawalls & Flood Barriers ,�f Sea level rise is increasing the frequency and severity of tidal flooding across Broward communities. Recently, increased flooding has prompted both public and private investment in seawall improvements. Yet individual investments have not fully delivered expected flood protection benefits when adjacent and nearby seawalls continue to allow the trespass of water. Effective community flood protection requires a holistic approach. Consistent seawall heights are necessary to protect the community from escalating impacts. Broward County has created regional guidance so that coastal flood barriers will continue to provide protection, even under future sea level rise conditions. What is the new Regional Standard? For all new tidal flood barriers and substantial improvements to ;shorelines and shoreline structures: Minimum saawall and top-of4bank elevation = 5 feet by 2050 An allowance of 4 feet NAVD 88 until 2035 may be granted by the municipality if the project is designed and constructed to accommodate a minimum elevation of 5.0 feet NAVD 88 by January 1, 2050. This rule is not applicable to oceanfront beaches or shorelines seaward of the Coastal Construction Control Line. The rule deems tidal flooding a public nuisance and will be implemented via County land use plan and code of ordinances. Local governments are required to adopt a local ordinance implementing the regional standard by February 13, 2022. The regional standard was informed by technical work undertaken with support from the U.S. Army Corps of Engineers (USACE) as part of the joint Broward County/USACF Flood Risk Management Study for Tidally Influenced Costal Areas authorized under the Planning Assistance for States Program. For complete details on the regional standard and associated policies, please go to Broward Land Use Plan policy 2.21.7 at blt.IyZ2T6pUn9 and Broward County Code of Ordinances Sec, 39-404 b1t.1y/37K9hmF. Elevation is measured using North American Vertical Datum of 1988 (NAVD 88). Land elevations along tidal waterways vary from b to 8 feet NAVD 88 in northern parts of the County to t to 4 feet NAVD 88 in southern parts of County with property specific variability throughout the County, The elevation of individual areas can be found using the Sea Level Scenario Sketch Planning Tool https:1/sIs- qeoplati.ufl.edu/beta/y. Users do not need to make a "Show Scenario" selection. In the left navigation pane, under 'Layers', uncheck 'Current Flood Risk" and check "Florida Base Layers', Click the + sign to expand this field. Select "FL OEM feet". Next find the magnify glass symbol in the top navigation and type in a property address. Click on the blue location pointer and note the number of feet listed in the data table. To determine the visible height of the tidal flood barrier necessary, the land elevation should be subtracted from 5 feet NAVI) 88. For example, if the land elevation is 4 feet NAVD, the visible barrier will be 1 foot above the ground surface (5 feet a NAVD 88— 4 feet NAVD 41 foot). If the shoreline land elevation is 5 feet NAVD 88 or higher, an additional tidal flood barrier would not"., be required per the resiliency policy. - T How to Adapt Property owners can collectively reduce the risk of flooding. Higher seawalls are just one of many floodproofing options. Berms and other coastal flood barriers can be equally effective and provide important benefits to estuarine shorelines. Even seawalls can be designed to include Living Shoreline features, thus serving an ecological function while continuing to be protective barriers with watercraft accessibility. For more information, see Broward.orgMimate RIF • Y n rA� f tit i - a 'ter Are you ready to upgrade your seawall/flood barrier? All property owners must maintain a tidal flood barrier in good repair. A tidal flood barrier is presumed to be in disrepair if it allows tidal waters to flow unimpeded through or over the barrier and on to adjacent property or public rights -of -way. If a property is reported and documented to cause flooding of adjacent roads or neighboring properties it will be cited and required to prevent flood trespass within one year. Planning now for future water levels benefits property owners in multiple ways. First, it is prudent to budget for the necessary adaptation before impacts to property values or infrastructure occur. Also, coastal flood protection measures that do not consider sea -level rise will likely require premature reinvestment to replace failed infrastructure at a significant expense to the property owner and the community at large. Property owners who ensure their coastal flood protection project is designed to meet the resiliency standard will be better positioned to protect their property and investment. Floodproofing may also reduce the level of required investment in surface water management infrastructure (pumps) for areas that will be below sea level in the future. Action Steps: 1. Determine your elevation (Contact your city"s Floodplain Manager to obtain an elevation certificate, https-//www.fema.goy/elevation-certificate 2. Get construction quotes by calling a few licensed general contractors or coastal engineers, Check references, consider living shoreline options, and compare costs and contract terms, 3. Consider financing options. Check out rates for a home equity or construction loan, if needed. 4. Wire a qualified and knowledgeable contactor. Permitting is typically handled by the contractor. Permits are required by the city, the County, the State, and the US Army Corps of Engineers. 5. Construct your new seawall or flood barrier. After all inspections, close out your permits. The typical lifespan of a seawall is 30 to 50 years, depending upon materials used. 0 Who should follow the new resiliency standard? All Broward County cities with tidally -influenced areas must follow the regional standard for minimum tidal flood barrier and seawall heights. Tidally -influenced areas are waterways where the water level changes in response to the daily tide. Below is a map of the 17 municipalities who will implement the RESILIENCY STANDARDS FOR TIDAL FLOOD PROTECTION, adopted into the Article XXV of the Broward County Code of Ordinances and posted at Broward.org /climate/pages/USACE.aspx. County facilities and the Broward Municipal Services District are also included. The Broward Municipal Services District and other municipalities may require sellers to disclose that the property is located in a tidally -influenced area and subject to the resiliency standards for tidal flood protection. Municipalities with Tidally Influenced Waterways • 5AL1NIIYCC0N7koL0RU67URL Il♦ TIDAL WATERWAYS l R II Tidally Innuenm Chin }N� OANIAI3EACH 11 DAVIE N DEERFIELD BEACH-' i FORTLAUDERDALE HALLANDALE: BEACH oESRFielnnFacn ., HILLSBOROSEACH HOLLYWOOD _ _LIGHTHOUSE POINT LAUDERDAL9 BY THE SEA 11 - I Al ISTF_RoAL1' L0.1(FE; LAUDERHILL POMPANO BEACH I LAZY DYKE• + ! LIGHTHOUSE POINT r - ---I OAKLAND PARK .. I VSEA IzwcFl LAKES �I PLANTATION i l _ _ LAUDEROALE BY THE SEA C'POMPANO13EACll I _I_ OAKIANDPARK ' ,SEA RANCH LAKES LAUDERDALELAKESI N WILTON MANORS LAUBEHHtLL' � --.vs+ILTl7N MANORS: � I,. - PLANTATION ,�• - r -. FOIET LAuoERDALE� DAVIES - xl�Tr. AtlFJYi.M , HOLLY1N400 ,1ALLANDALE H BR,WARD 0 7.76 3.5 7 Miles C.OLN JTY' Ensuring Community Resilience, Together Broward County has provided regionally consistent standards for seawalls, banks and berms, and other appurtenant infrastructure (e.g., boat ramps) to ensure maximum effectiveness of coastal improvements necessary to mitigate high tide flooding associated with realized and additional sea level rise through the year 2070. Participation by the marine industry, real estate community, engineers and planners from both the private and public sector, and other stakeholders in extensive public meetings and surveys was integral to the adoption of a regional standard that could be utilized by and serve to benefit the entire community. BK';- AARD COUNTY Environmental Planning and Community Resilience Division Broward.org/Climate #Resi llentl3roward City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2687 Fax DANIA BEACH 59AIT LIVE IT LOVE IT Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat 7/19/21 ❑ Rezoning Date Rec'd: 0 Site Plan TX-051-21 ❑ Special Exception Petition No.: Q Variance ❑ Other: (SEE APPLICATION TYPE SCHEMA ON PAGE.S'.3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing, Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division, For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: Citywide Lot(s): Recorded Plat Name: Folio Number(s): Block: Subdivision: Legal Description; Applicant/Cansultant/Legal Representative (circle one) City of Dania Beach Address of Applicant: 100 W. Dania Beach Blvd., Dania Beach, FL 33004 Business Telephone: E-mail address: 954-924-6$06 Home: Name of Property Owner: Address of Property Owner: Business Telephone: n/a 1MMi M Fax: Fax: Explanation of Request: Text Amendment adapting Seawall Regulations For Plats please provide proposed Plat Naine for Variances please attach Criteria Statement as per Section 625.40 of the band Development Cade. - Prop. Net Acreage: Existing Use: Gross Acreage; Prop. Square Footage; Proposed) Use: 1 of 4 Updated 0712021 Is property owned individually, by a corporation, association, or a joint venture' _ ....._ AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument (O er / "enticy e ) Was acknowledged BEFORE ME THIS r DAY OF -J-kJ L-�Z , 20Z I By: (Print name of person acknowledging) (joint owner signature if applicable) DEBOW E SMINO Notary _*r } DIY COMMISSION# 4(3 303020 s o XPIRES, March 12.2023 ' %�Sr, ,•� B4n4ed Trru riatarY Publl4 Uhdonutilprc (Signature of Notary Public- State of , r-L oAnp-e- } Personally known or Produced Identification Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owners). NO APPLICATION WILL BEAUTOMA MALL YSCHEDULED FOR A M'EETINGr. ALL APPLICA TIONS MUST BEDETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS, 2of4 Updated 0712021 r 6guM PURUSHZNO MOUP Order ID: 7004795 GROSS PRICE : : $312.20 PACKAGE NAME: SSC Notice of Public Meeting Product(s): Sun Sentinel, Affidavit, FIoridapublic notices. com AdSize(s): 2 Column Run Date(s): Wednesday, July 28, 2021 Zone: Full Run Color Spec. BIW Preview NDTICF OF PUBLIC HEARING CITY OF DANIA REACH„ FLORIDA A public tteartng will be conducted by the city of Dania reach Planning a zoning Board on the following data to consider the following appllcation: DATE; Wedrlesday, AtkMt 11, 2021 TIME: 7:oo p.m. or as soon thereafter as the same may ba heard PLACE: Please rat a Week ahead at 954-924-6805 EXL3792 to confirm meeting location: IF VIRTUAL: Pieese visit wwwdaniabeachfa.govMrtuoltmedngs for detalled Instructions and the specific requirements for partilcipating in the Clty's virtual quasi-judicial lard use meetings. IF IN PERWN, City Commission Chambers Dania Beach City Hall 1W West Dania Beach Blvd. Dante Beach, FL 330D4 SUMECT:Tx-061.21:rle applicant, City Of Dania Beach, is requosting a text amendment to the city Code, to adopt the new Seawall Height mandaw Uy Broward county. The fallowing is the proposed Ordinance of the matter: AN ORDINANCE OFTHE CITY COMMISSION OFTHE CITY OF DANIA SFACH, FLORIDA, AWNIANG CHAPTER 12 OFTHE CITY CODE, ENTITLED "FLOOD DAMAGE PREVENTION, BY CREATING ARTICLE XVII ENTITLED "SEAWALLS" ADOPTING THE REQUIRED STANDARDS FOR SEAWALL HEIGHT AS MANDA1' 4=D BY RROWARD COUNF1r; AND BY AMENDING CHAPTER 28 OF THE CITY CODE, ENTITLED °LAND DEVELOPMENT CODE", AnCLE 240, ENTITLED ODOCKSAND MOORING, STRUCTURES"TO ADD SECTION 24430, ENTITLED "SEAWALLS"TO REFFRI NCE THE REQUIRED STANDARDS; PROVIDING FOR CONFLICTS; PROVIDING FOR. SI VERABILtTY, FILIRTHER, PROVIDING FOR AN EI`K-CWE DATE. copies of the proposed requests or applicable information are available on line, For more Inrarmatfan, please Cali the Planning Divislon at (954) 924-6805 Ext, 3704 and stuff mdll directyou to the on41ne project information. Please be advised that if a person decides to appeal anydecision made by Local Nan- nfng agency, the Planning and zoning Board or the City commission with respect to any matter considered at this hearing, such person will need a verbatim record of the pro- ceedings and for this purpose such person may need to ensure that a verbatim record of the proceadings is made, which reword Includes the tosdrnony and evidence upon which Ole appeal is to based. The Char does n of provide or prepare such record pursuant to F s. 286.0105. m accordance with the AmerYcans With UlsabliltiOSACt, persons needlogasslstanw to participate in any of these proceedings tact the should conCity Clerk's office, 100 west Dania Heads Boulevard, Dania eoach, Florida 33004, (954) 924-6800 Fxt. 3624, at least 48 hours prior to the meeting. Printed: 7/26/2021 11:13:25 AM Page 2 of 3 ' Agency Commission not included �W SunSentinel 4.&\ FORUM PURLTSWINGOPOUP Order ID: 7004795 GROSS PRICE * : $312.20 PACKAGE NAME: SSC Notice of Public Meeting Appllcadon mfortnadon Appllcadon Site: Clly Wide Prjkt: Text amendment AppHcagon- To request text amendment to die Citys Coda to adopt die new Seawall t-te%ght Standard mandate tty aroward County. Applicant: City of Dania Beach Hearing Date & Time: August 11, 2021 at 7:00 PM Hearing Locat}ow please call a week ahead at 954-924-6805 Ext. 3792 tO confirm meat Ing location: I€virtual:Please Wsdtwww.danlabenchf,gmluirtualmeeaings for detailed Instructions and the specific requirements for partfdpatng In ttie Citys virtual %asl�judledal land use meetfngs. V In person -City commission chamhnM Dania Reach Ckky Hall,100 west Dania Beach, paulor+larq, Dania leach, Ft_ 33004, contact InhrrmaWn. Richard Lorber, Planning & Zoning Manager, (954) 924-6805 Ext. 3640 712812021 7004795 Printed: 7/26/2021 11:13:25 AM Page 3 of 3 ' Agency Commission not included CITY OF DANIA BEACH 16) COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DANIA BEACH SFAIT. LIVE !r, LOVE IT, DATE: August 11, 2021 TO: Planning and Zoning Board VIA: Eleanor Norena, CFM, Director FROM: Corinne Lajoie, AlCP, Assistant Director Anne -Christine Carrie, Senlor Planner I SUBJECT: VA-53.21: The property owner, Gabriel de las Salas, Is requesting a Variance to waive a rear setback required by Code, for the property located at 409 SE 3 Terrace. Request VARIANCE To allow a rear setback of five (5) feet for a patio cover where a minimum of fifteen (15) feet Is required; per Sec. 205-1.13. PROPERTY INFORMATION EXISTING ZONING: Single -Family 6000 Residential District (RS-6000) LAND USE DESIGNATION: Low (5) Residential (L-5) SITE ACREAGE: 6,750 SF (0.15 acres) EXISTING USE: Single Family VIOLATIONS ON PROPERTY: None PUBLIC HEARING NOTICE This item was duly advertised, posted, and noticed pursuant to Article 610 of the Land Development Code. Background The subject property Is 6,750 SF large and developed with a single-family home. To the south is SE 3 'terrace and to the north is a platted alley, The site is in a single-family neighborhood. The rear yard is sixty (60) feet wide and between twenty-three (23) and forty-seven (47) feet deep. The backyard currently includes a patio with a canvas awning that is mounted onto the wall of the principal structure. A permit for a 140 square -foot shed was recently approved but has yet to be constructed. VARIANCE The requested Variance would allow a new insulated, aluminum roof to be built no less than five (5) feet from the rear property fine where the LOC requires at least fifteen (15) feet; per Sec. 205-10. The proposed structure would provide coverage to the existing patio and Is twenty-four (24) feet wide by seventeen (17) feet long. Section 625 of the Clty's LK states, the City Commission or Planning and Zoning Board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for Variance, based upon its determination that the request meets the criteria identified In Section 625-40, which are identified below. (1) "That the requested Variance maintains the basic Intent and purpose of the subject regulations, particularly as It affects the stability and appearance of the city.' The request is consistent with the seven (7) foot requirement for the side yard and the five (5) foot setback requirement between an alley and a structure; per Sec, 205-10 and Sec. 319-50. The proposed structure Is below the maximum height allowed of ten (10) feel;; per Sec. 220-70. Given the presence of the alley in the rear, the request maintains the intent and purpose of the subject regulation and will not affect the stability and appearance of the city. (2) 'That the requested Variance 1s otherwise compatible with the surrounding land" uses and would not be detrimental to the community." The requested Variance permits a structure that promotes the owner's enjoyment of his property and conforms with the residential nature of the surrounding land uses. (3) `Thnt the requested Variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city." The request maintains Goal XIII of the Future Land Use Element of the City's Comprehensive Plan, which Is to "(d)evelop and implement land use controls which promote residential neighborhoods that are attractive, well maintained and contribute to the health, safety and welfare of their residents". (4) 'That the piightof the petitioner is due to unique circumstances of the property or petitioner which would reader conformity with the strict requirements of the subject regulations unnecessarily burdensome." The property currently has an awning that extends six (6) feet from the principal structure. Per the Applicant, this awning is too narrow and fails to protect the homeowner from the elements. Given the presence of the alley at the rear of the property, the proposed covering would be no less than twenty (20) feet from the property line of the neighboring property to the north. Therefore, the Applicant finds that conforming to the strict requirements of the subject regulation would be unnecessarily burdensome. (5) 'That the Variance requested is the minimum Variance that Is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community." The request would not Increase the Impervious area on the property and the proposed structure meets or exceeds the side setback requirements In accordance with Sec. 205.10. The Variance is the minimum that is necessary to afford relief to the petitioner while preserving the character, health, safety and welfare of the community. The applicant provided a justification statement demonstrating how the request is consistent with the Variance criteria. 2 PUBLIC OUTREACH Per the Applicant, seven (7) letters of support for the requested Variance were signed by neighboring property owners. CONDITIONS OF APPROVAL 1, The Variance from the rear setback Is only applicable to the proposed aluminum roof over the existing patio an the northwest portion of the property and as shown on the plans submitted with the Variance application (VA-53-21). Recommendation The requested Variance meets the City's zoning regulations. Therefore, staff is recommending approval of the request with the condition of approval listed in the resolution. RESOLUTION NO, 202I-PZ-004 A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A VARIANCE (VA-53-21) SUBMITTED BY THE PROPERTY OWNERS GABRIEL M. DE LAS SALAS AND KRISTINA M, DE LAS SALAS TO PERMIT A REAR SETBACK OF FIVE (5) FEET, MERE FIFTEEN (15) FEET ARE REQUIRED, FOR PROPERTY LOCATED AT 409 SE 3RD TERRACE, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the "LDC") Park 6 "Development Review Procedures And Requirements," Article 625, "Variances" of the City Code of Ordinances (the "City Code"), the PIanning and Zoning Board may approve a Variance upon demonstration that the Criteria identified in Section 625-40 has been met; and WII.EREAS, the property owner, Gabriel M. de ]as Salas (the "Applicant"), applied to the City of Dania Beach (the "City") for approval of a variance (VA-53-21) to allow a rear yard setback of five (5) feet for property located at 409 SE 3rd Terrace (the "Property"); and WHEREAS, in accordance with Section 205-10 of the City Code, a minimum setback of fifteen (15) feet is required at the rear of the Property; and WHEREAS, the Applicant has submitted a justification statement demonstrating how the request is consistent with the Variance Criteria identified in Sec. 625-40 of the LDC; and WHEREAS, the request furthers Goal XIII of the Future Land Use Element of the City's Comprehensive Plan, which is to "[d]evelop and implement land use controls which promote residential neighborhoods that are attractive, well maintained and contribute to the health, safety and welfare of their residents"; attd WHEREAS, per the Applicant's justification statement, the Variance will allow the construction of a patio roof that is large enough to protect the property owner from natural elements; and WHEREAS, the requested variance does not interfere with the peaceful enjoyment of neighboring properties and conforms with the residential nature of the property; WHEREAS, Section 625-40 of the LDC states that the Planning and Zoning Board may grant a variance based on its determination that the Applicant has demonstrated that the criteria identified in the City Code have been satisfied; and WHEREAS, the Planning and Zoning; Board conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the Planning and Zoning Board finds that the Variance request (VA-53-21) is consistent with the LDC and Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF DAN1A 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. Pursuant to Chapter 28 "Land Development Code," Pan 6 "Development Review Procedures and Requirements," Article 625 "Variance," the application for a Variance (VA-53-2 l) is approved with the following condition: The Variance from the rear setback is only applicable to the proposed aluminum roof over the existing patio on the northwest portion of the property and as shown on the plans submitted with the Variance application (VA-53-21). Section 3. 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 park 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 undertakes actions that result in a violation of state or federal law. Section 4. Pursuant to Section 625-50 "Expiration of Variances," of the Land Development Code, the Variance (VA-53-21) 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 associated Planning & Zoning Division Staff Report prepared for the Variance application (VA-53-21) is hereby incorporated into this resolution as findings of fact. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 Section 7. That this Resolution shall. be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on AugusC 1 1, 2021. ATTEST; IBEL .LARIOS BOARD CLERK. W. QU N ROBERTSON, CHAIRPERSON PLANNING AND ZONING BOARD APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY EX111131T "A" LEGAL DESCRIPTION Lot 16, Block 3 of OCEAN GOLF VIEW ADDITION, according to the plat thereof, as recorded in plat Book 37, Page 7 of the Public Records of Broward County, Florida 4 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 P) (954) 922-2687 Fax DANIA BEAN 5[a+1. L1Y# IT ioYF N Standard Development Application ❑ Administrative Variance a Land Use Amendment ❑ Plat Q Rezoning ❑ Si Plan ❑ pe cial Exception nVariance ❑ Other. RECIEW MID Date Rec'd,JUL 2 x 2021 Petition No.:LA -5;-7> '74 (SEE APPUCATION TYPE SCfIOM E ON PAGES3 & 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their Failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: Ogg SE 3rd Terrace, Dania Beach, FL 33004 Lot(s): Recorded Plat Name: Folio Number(s): Blodc Unknown 5142 03 48 0360 Subdivision: Ocean View Golf Addition Legal Description: OCEAN VIEW GOLF ADD 37-7 B LOT 16 BLK 3 Gabriel M. de las Salas Applicant/Consultant/Legal Representative (circle one) Address of Applicant: 409 SE 3rd Terrace, Dania Beach, FL 33004 Business Telephone: 954,477.8385 Home: 305,495.5709 - Fax: m E-mail address: gms@gmslawyer.co Gabriel M. de las Salas Cw SLOL � , � �S 9 Name of Property Owner: S Address of Property Owner: 409 SE 3rd Terrace, Dania Beach, FL 33004 Business Telephone; 954.477.8385 Home: 305.495.5709 Fax: See attached. Explanation of Request: For Plats please provide proposed Flat Name for Variances please attach Criteria Statement as per Sectlan 625.40 of the Land Development Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use; 1 of 4 Upd®led o2J2021 Is property owned individually, by a corporation, association, or a joint venture? No. --- A THORIZED REp E ENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission Oproval, or pursuant to the expiration timeframe listed in Part G of the Dania Beach Lao Development Code. STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument Was acknowledged BEFORE ME THIS A n14 c signature*) DAY OF , ZD By; k -, e- V4& (Pri me of erson acknowledging) Notary` �rr F.fjl� Notary public Stale of Florida (Signature of Notary Public— State of �iY ) Aymee Veddes r r41y Commission GO 174044 �ryarriff` Ex ires011OW2022 Personally known or Produced Identification Type of identification produced: (J&Wowner signature if appllcabf �',l or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICA TION WM OF A VTOMA TICALL YSCHEDULED FORA MEETIN& ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2of4 Updated 0212021 w : JUL 2 12021 GlWJS 11 AM July 19, 2021 Anne -Christine Carrie, Senior Planner City of Dania Beach, Planning & Zoning Division RE: Variance Application de las 5alas Family; 409 SE 3rd Terrace, Dania Beach, FL 33004 Satisfaction of Section 625-40 Criteria Dear Ms. Carrie: The requested variance satisfies the criteria set forth in Section 625-40 of the City's Code, In support thereof, Applicant states as follows- (1) That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city; The request maintains the basic intent and purpose of the code. The subject request does not present any issues with respect to appearance, safety, access to the property from the rear alley or use of the rear alley by any person or vehicles. (2) That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; The aluminum patio covering is designed in accordance with the 2020 Florida Building Code. It is tastefully designed, durable, functional and enhances the appearance of the subject residence and the surrounding neighborhood. Applicant's lot does not directly abut the rear neighbor's property line. Per the submitted survey, Applicant's rear property line is two and quarter feet behind the existing fence. Thereafter, there is about 2 feet of grass, which appears to be a utilities easement, and then there is a 1.5 foot alley. Finally there is about another 4 feet of grass until reaching the rear neighbor's fence. Accordingly, there would be about 25 feet of space between the proposed patio covering and the rear neighbor's property line. M40 F-iollywood Hlvd. j Suire 4151 Hollywood. Fl. 330211 Of ficeA54.477.8385 I Fax;g54.866_08781 www.gmslawyer.com (3) That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive plan, as amended from time to time, and all other similar plans adopted by the city; The requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan as it Improves and enhances community appearance, while preserving the character of the existing neighborhood. (4) That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome; and Enforcement of the 75-foot setback from the rear property line prevents the construction of a covered outdoor patio area that provides reasonable protection from the elements with direct access to the entry of the home. Applicant purchased the home in January 2017 with a canvas awning already attached to the rear extreme of the principal structure. Upon information and belief, the existing canvas awning conforms with the required 75 foot setback; however, the size of this awning does not provide cover from the elements; specifically, when it rains one cannot stand under the existing awning without getting wet. As such, the requested variance permits Applicant to legally construct a patio covering that protects occupants from the rain. Moreover, the proposed aluminum patio covering is insulated to minimize heat, and the larger size provides greater shade. Currently, one cannot comfortably sit outside with the existing awning during a hot day due the amount of sunlight and heat. As such, the proposed aluminum provides increased protection from the heat. In sum, approval of the requested variance allows for full use and enjoyment of outdoor space. Denial of the variance will also result in financial burden to the Applicant. Prior to submitting a building permit application for the aluminum patio covering, Applicant emailed the Planning And Zoning Division seeking confirmation that the patio covering was subject to a 5 foot setback. Richard Lorber, Planning and Zoning Manager, responded via email that the patio covering was subject to a 5 foot setback. Reasonably, Applicant designed his backyard project with the 5 foot setback in mind (there is an open permit for pavers and installation of a new shed). Applicant invested considerable funds toward the design of the backyard project with the 5 foot setback confirmed by Mr. Lorber. However, after the permit application for the patio covering was submitted, Planning and Zoning rejected the permit advising of a required 75 foot setback. As such, Mr. Lorber inaccurately represented code requirements, and Applicant detrimentally relied on Mr. Lorber's failure to properly communicate code requirements. Applicant's reliance on Mr. Lorber`s misrepresentation was reasonable. Accordingly, rejection of the variance application will result in the loss of funds and increase the cost of the intended backyard project as it may require a complete redesign 2 and revision to the open paver and shed permit. Given the foregoing facts and circumstances, denial of the variance would be inequitable. Most recently, shade and protection from the heat has become of greater importance to the Applicant as his 2-year old daughter has suffered from seizures while being outside on hot days. While doctors have been unable to state heat and sun exposure combined with a common, childhood ear infection are causing the seizures, doctors state there is a correlation with heat exposure. As such, Applicant wishes to create a larger shaded area to allow his daughter to play outside in a cooler space as necessary. (5) That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community. The proposed aluminum patio covering conforms with the required setback from the side property line. The request is the minimum necessary in order to afford zoning relief to the Applicant and relieve him from the burdens described in paragraph 4 above. I have spoken with many of neighbors regarding this project and variance application. They have expressed support for the project, Prior to the hearing, I will ensure letters of support are submitted. Should you have any questions or seek clarification regarding any matter asserted above, please do not hesitate to contact me. Or, if you believe that the requested variance does not meet the conditions set forth Section 625-40, 1 kindly ask that you inform me of same with specificity. I can always be reached at gms@gmslawyer.com or on my cell phone at 305.495.5709. Yours truly, Gabriel M. de [as Salas 3 N w m _ C 4 � 5 ire§� 5 J 5 aFg`89ppi�_ � •C � 0 � 4 • C R � P �y � � �i osn A G o g u u¢ o�Y,4 u mi y 13,12 o ��g�pao P „ 9 60.ffi 2 IX��p�9 o �-p 55pppppp YnI CC Sync Ey 1p�'���3 O uu. NQ N rya 4 �) VY qLq �G6-{MC IWr} � gr u Iruc v'nrF � 'Si3'd3E bINbOl331 £ 33 SjQt• ollws r�r ws sulw w •. r two iae t�an� ne,n 2lO� 011bd rw 1 N } EDER #w11v11j!O!1hr 4 7,rm�uets ` sa3Atld E 03NS govu01$ s,rnrm�s� rr�e, �anl�a�n�tlWM3N ME all r� x / �� #1•�f���t4 i 9! 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"' Rom'! 1{11 YY, I [I�4 .� ,'ter} 7 �. '�•' '� ',�k�1�i �J�;Irmrk.L'k+���l�,�•�l}Jh'S .sJ Y r i a rye.: Ay°_' '., r1+1 ..{ �'. �,',;�'•4' �/ � '� %' � s � .. � 7,. ik Variance Application for 409 SE 3"' Terrace 5 Foot Setback for Aluminum Patio Covering We are owners of the home located at 410 SE 3 Street, Dania Beach, FL 33004, our home is directly behind the de las Salas family home. We have spoken with Gabriel M. de las Salas and/or Kristina M. de las Salas regarding the proposed construction of an aluminum patio covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. We do not oppose their request for a variance and express support for the variance application, Thomas Arrigo A—i" Lisa Arrigo CA. 6r0tCA fi"C11( s! Date I)L Date/ Variance Application for 409 SE 3`d Terrace 5 Foot Setback for Aluminum Patio Covering I am owner of the home located at 405 SE 3`d Terrace, Dania Beach, FL 33004. I have spoken with Gabriel M. de las Salas and/or Kristina M. de las Salas regarding the proposed construction of an aluminum patio covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. I do not oppose their request for a variance and express support for the variance application. Doris Strasser Date Variance Application for 409 SE 3`¢ Terrace 5 Foot Setback for Aluminum patio Covering I am owner of the home located at 413 SE 3rd Terrace, Dania Beach, FL 33004. I have spoken with Gabriel M. de las Salas and/or Kristina M. de las Salas regarding the proposed construction of an aluminum patio covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. I do not oppose their request for a variance and express support for the variance application. �7�/, �20 �2' 7 c �-2 - � Maria Echave pate Variance Application for 409 SE 3 d Terrace 5 Foot Setback for Aluminum Patio Covering We are owners of the home located at 421 SE 3111 Terrace, Dania Beach, FL 33004. We have spoken with Gabriel M. de las Salas and/or Kristina M. de las 5aias regarding the proposed construction of an aluminum patio Covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. We do not oppose their request for a variance and express support for the variance application. Darin Wolfe Date Carmen Wolfe Date Variance Application for 409 SE 3rd Terrace S Foot Setback for Aluminum Patio Covering I am owner of the home located at 414 SE 310 Terrace, Dania Beach, FL 33004. I have spoken with Gabriel M. de las 5alas and/or Kristina M. de las Salas regarding the proposed construction of an aluminum patio covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. I do not oppose their request for a variance and express support for the variance application. Michael cott Date Variance Application for 409 SE 3`1 Terrace 5 Font Setback for Aluminum Patio Covering We are owners of the home located at 401 SE 3"' Terrace, Dania Beach, FL 33004. We have spoken with Gabriel M. de las Salas and/or Kristina M. de las 5alas regarding the proposed construction of an aluminum patio covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. We do not oppose their request for a variance and express support for the variance application. 4�4... _l r Charles Anchors Rhea Anchors Date Date Variance Application for 409 SE 3rd Terrace 5 Foot Setback for Aluminum Patio Covering We are owners of the home located at 321 SE 4th Street, Dania Beach, FL 33004. We have spoken with Gabriel M. de las Salas and/or Kristina M. de las Salas regarding the proposed construction of an aluminum patio covering in their backyard; specifically, their variance request allowing for the proposed aluminum patio covering to be subject to a 5 foot minimum setback from the rear property line. We do not oppose their request for a variance and express support for the variance application. ,J61nathan Mode Date 12 Kaitlyn Mode Date CITY OF DANIA BEACH N 001180 COMMUNITY DEVELOPMENT Payment Receipt Date: 7121121 RECEIVED FROM: Name: Gabriel M. De Las Saias Address: 409 SR 3rd Terrace ,Address 2: CitylStlZIP: Dania Reach FL 33004 Service or item - — Quantity - Amount PSP - Public Hearing Items Application tee _ 1 $500.00 TOTAL DUE: $500.00 Prepared by: Ibel Larios Additional Information USLIC HEARING VARIANCE" ]DRESS: 409 SE 3RD TERR _R: VA-053-21 1RIANCE CHECK #: 467 PAYMENT DATE 07/21/2021 COLLECTION STATION City Hall Window 1 RECEIVED FROM GABRIEL M DE LAS SALAS DESCRIPTION 409 SE 3 TERR City of Dania Beach 100 W, Dania Beach Blvd. Dania Beach, FL 33004 RECEIPT DESCRIPTION Appl Review- Standard -'VA-05-3-21.'Vffi1.ANCE ............. --- ----------------------------------------------- Payments., 1WO Detail Amount I check 467 $500.00 Total Amount: Customer Copy BATCH NO. 2021-10000670 RECEIPT NO. 2021-00035799 CASHIER fincashied ENTRY DATE 07/21/2021 02:38:02 PM $500.00 ------------- ........ Printed by: fincashlerl Page 7 of 7 07121/202102-.38-.03 PIN Carrie, Anne -Christine From: Jelaso, Megan Sent; Thursday, July 22, 2021 11:19 AM To: Carrie, Anne -Christine Subject: RE: City of Dania Beath Lien Search Good Morning, That's correct. We sent over the results this morning. Megan Jelaso Revenue Coordinator III ! City of Dania Beach mielaso@daniabeachfl.gov I daniaheachfl.gov 100 W Dania Beach Blvd. ! Dania Beach, FL 33004 DAflttw BEACH Phone: 954-924-6800 ext. 1672 1 Fax, 954-922-5619 Please note, Florida has a very broad public retards law. Most written communicatians to or from City Officials regarding City 4uslness are public retards available to the pull and media upon request. Your e-mail communications may therefore he subject to public disclosure. From: Carrie, Anne -Christine <ACarrie@daniabeachfl.gov> Sent: Thursday, July 22, 2021. 11:17 AM To: Jelaso, Megan <mjelaso@daniaheachfl-1 Subject: RE: City of Dania Beach - Lien Search Good morning Meghan Do you mind verifying the below? Thanks Anne -Christine Carrie Senior Planned City of Dania Beach ACarrie daniabeaci 1. ov I daniabeachfl.j;oy 1.00 W Dania Beach Blvd I Dania Beach, FL, 33004 Phone:954-924-6805 x3654 DANIA BEACH web:danla.geachPlI FWgityofdaniabeach I Twitter: aoanla9eachFL SEA IT. UVtIt. L04l:It, Youtube: nanla©i�acgl I EmergsneyNotifieatlonS:Codgfi Plcase nme: Flerlda has a very broad public records law, Mast wrlttencammunlcauaas soar from City Officials ragaril ft City b„ sine —re pvhlie rernrds available to the public and media upon request. Yes+r e.mgll eammunlcallons maythvrgNre be �s N ct to pubbe disclosure. From: Gabriel M. de las 5alas <gms Rrnslawver.com> Sent: Thursday, July 22, 2021 10:48 AM To; Carrie, Anne -Christine <ACarrie@daniabeachfl.gov> Subject: FW: City of Dania Beach Lien Search "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. See below from City finance department. No liens. Only thing open is a water blll with payment that is due on 7/29/2021. Gabriel M. de las Salas ,attorney at Law GMS Law, PLLC 3440 Hollywood Blvd., Suite 415 Hollywood, FL 33021 Office: (954) 477-8385 Fax: (954) 866-0878 From: lelaso, Megan <mielas.o daniabeachill Sent: Thursday, July 22, 2021 10:43 AM To: Gabriel M. de las Salas ms mslaw er.com> Subject: City of Dania Beach - Lien Search Good Morning, Please find the below results for the address: 409 SE 3 TER (folio — 5142-03-48-0360), a Water — 58430-004 - $111.98 with a $50 deposit a Code Violation — None + Open Building permits may exist on this property. Contact Building & Zoning 954-924-6800 Ext 3633 a Other Amounts —None • Property As Reference is clear of liens placed by the City of Dania Beach —Yes Have a Great Day Megan Jelaso Revenue Coordinator III I City of Dania Beach mielaso@daniabeachfl.gov I daniabeachfl.gov 100 W Dania Beach Blvd. I Dania Beach, FL 33004 DANIA BEACH phone: 954-924-6800 ext. 3672 1 Fax: 954-922-5619 UAff OW if LOW It. Please note; Florida has a very broad public records iaw. 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. 2 PAYMENT DATE 07/21/2021 COLLECTION STATION City Hail Window 1 RECEIVED FROM GABRIEL M BED LAS SALAS DESCRIPTION City of Dania Beach 100 UV. Dania Beach Blvd. Dania Beach, FL 33004 BATCH NO. 2021-10000670 RECEIPT NO. 2021-00035797 CASHIER fincashierl ENTRY DATE 07121 /2021 02:24:18 PM _.�,_ ..__�.,_�..................., . ., ---...__.__ a Printed by: flncashferl age �._ �_.._..,�._...._--.-.-----•----....�,.�-.,•, "0712q 12029 02:24:19 PM 16) NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH, FLORIDA A Public Hearing will he conducted by the City of Dania Beach Planning & Zoning Board ion the following date to consider the following application: DATE: Wednesday, August 11, 2021 TIME: 7:00 p.m. or as soon thereafter as the same may be heard PLACE_ Please call a week ahead at 954-924-6805 E.xt,3792 to confirm meeting location: IF VIRTUAL: Please visit_www.daniabeachfl.goylvirtualmectings for detailed instructions and the specific requirements for participating in the City's virtual quasi-judicial land use meetings. IF IN PERSON: City Commission Chambers Dania Beach City Hall 100 West Dania Beach Blvd. Dania Beach, FL 33004 SUBJECT: VA-053-21: The property owner, Gabriel de Las 5alas, is requesting a variance to allow a rear setback of five (5) feet where fifteen (15) feet are required by Code, for the property located at 409 SE P Terrace. The following is the proposed Resolution of the matter:. A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A VARIANCE (VA-53-21) SUBMITTED BY THE PROPERTY OWNERS OABRIEL M. DE LAS SALAS AND KRISTMA M. DE LAS SALAS TO PERMIT A REAR SETBACK OF FIVE (5) FEET, WHERE FIFTEEN (15) FEET ARE REQUIRED, FOR PROPERTY LOCATED AT 409 SE. 3RD TERRACE, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH I5 ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed requests or applicable information are available on line. For more information., please call the Planning Division at (954) 924-6805 Ext. 3704 and staff will direct you to the on-line project information. Please be advised that if a person decides to appeal any decision made by Local Planning Agency, the Planning and Zoning Board or the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. The City does not provide or prepare such record pursuant to F.S, 286.0105. 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 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-6800 F.xt. 3624, at least 48 hours prior to the meeting. Property Subject of Upcoming ,Nearing LOCATION MAP VA-063-31 VAPJANCE GABRIEL DE LAS SAI.AS 409 SE 3 TFRRACE Legend 1000' DISTANCE SEPARATfON Q SUBJECT PROPERTY 6) DANIA BEACH SIA nANr; {I LM IT. a.l 0 L3 IN IN 40 047 Application Information Application Site: 409 SE 3 Terrace Application: Variance Project: To request variance approval to allow a rear setback of five (5) feet where fifteen (15) feet are required by Code. Applicant: Property owner, Gabriel de las Salas. Hearing Date & Time: August 11, 2021 at 7:00 PM Hearing Location: Please call a week ahead at 954-924-6805 Ext. 3792 to confirm meeting location: If Virtual: Please visit www.daiiiabeachtl,gov/vii-tuali-nectinjzg for detailed instructions and the specific requirements for participating in the City°s virtual quasi-judicial land use meetings. If in pers_on:City Commission Chambers, Dania Beach City Hall, 100 West Dania Beach, Boulervard, Dania Beach, FL 33004. Contact Information: Anne -Christine Carrie, Senior Planner, (954) 924-6805 Ext. 3654 NOTICE OF PUBLIC HEARING CITY OF DANIA, REACH, FLORIDA A Public Hearing will be conducted by the City of Dania Beach Planning & Zonjug Board on the following date to consider the following application: DATE: Wednesday, August 11, 2021 TIME: 7:00 p.m. or as soon thereafter as the same may be heard PLACE: Please call a week ahead at 954-924-6805 Ext.3792 to confirm meeting location: IF VIRTUAL: Please visit Nvww.daiiiabeaclitl.gov/vii-LualmeeCi s for detailed instructions and the specific requiretncnts for participating in the City's virtual quasi-judicial land use meetings. IF IN PERSON: City Commission Chambers Dania Beach City Hall 100 West Dania Beach Blvd. Dania Beach, FL 33004 SUBJECT: 'VA-053-21: The property owner, Gabriel de Las Salas, is requesting a variance to allow a reap' setback of five (5) feet where fifteen (15) feet are required by Code, for the property located at 409 SE 3r4 Terrace. The followin is the proposed Resolution of the matter: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A VARIANCE (VA-53-21) SLMMITTED BY THE PROPERTY OWNERS GABRIEL M. DE LAS SALAS AND KRISTINA M. DE LAS SALAS TO PERMIT A REAR SETBACK OF FIVE (5) FEET, WHERE FIFTEEN (15) FEET ARE REQUIRED, FOR PROPERTY LOCATED AT 409 SE 3RD TERRACE, TN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT `°A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed requests or applicable information are available on line. For more information, please call the Planning Division at (954) 924-6805 Ext. 3704 and staff -will direct you to the on-line project information. Please be advised that if a person decides to appeal any decision made by Local Planning Agency, the Planning and Zoning Board or the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. The City does not provide or prepare such record pursuant to F.S. 286.0105. 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 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-6800 Ext. 3624, at least 48 hours prior to the meeting. Aplicaliun fnfnrr►lalion Application Site: 409 SE 3 Terrace Application: Variance Project: To request variance approval to allow a rear setback of five (5) feet where fifteen (15) feet are required by Code. Applicant: Property owner, Gabriel de las Salas. Hearing hate & Time: August 11, 2021 at 7:00 PM Hearing Location: Please call a week ahead at 954-924-6805 Ext. 3792 to confirm meeting location: If Virtual: Please visit www.daniabeacli l.gav_/v_irtualmeetinpss for detailed instructions and the specific requirements for participating in the City's virtual quasi-judicial land use meetings, If in person:City Commission Chambers, Dania Beach City Hall, 100 West Dania Beach, Boulervard, Dania Beach, FL 33004, Contact Information: Anne -Christine Carrie, Senior Planner, (954) 924-6805 Ext. 3654 AFFIDAVIT CITY OF DANIA BEACH, FLORIDA COMMUNITY DEVELOPMENT DEPARTMENT POSTING OF PUBLIC HEARING NOTICE SIGN STATE OF FLORIDA 11 COUNTY OF BROWARD C, �J J1 . BEFORE MU, the undersigned authority, personally appeared , who, after being duly sworn, deposes and says: , ((4k& an individual over the age of 18 years old and (Print Name) (CHECK AI' ]CABLE SPACE) l am the property Owner, I am a representative of the property owner(s), and for property located at (the "Property"), and this sworn statement pertains to the application for _ relating to petition numbers in the Code of Ordinances of the City of Dania Beach, Florida. 2. Pursuant to Sec. 610-30(B)(1) of the Land Development C de of the Code of Ordinances of the City of Dania Beach, Florida, on a_-:�021, I posted, or caused to be posted, a public notice sign along stree frontages of the subject Property, with the sign being at least three (3) square feet in area, and between ten (10) and twenty (20) feet from the edge of street pavement in a manner so as to be completely visible from the public rights -of -way. For a subject property having more than five hundred (500) feet of street frontage on any single street, one (1) additional sign was posted for each five hundred (500) feet or fraction thereof. Notwithstanding Section f 10-30 (6), if 1, as the owner, applicant or agent, am aware that the sign is destroyed or removed from the property, or damaged beyond full legibility, I am responsible for obtaining another sign from the city and posting the sign on the property. Prior to the Public Hearing the sign(s) shall remain on the property until Final disposition of the application. This shall include any deferral, rehearing, appeals, request for review or hearings by another body. The sign information shall be changed as needed to reflect the information to be provided as specified in Section 610-3 0 (1). PUBLIC HEARING NOTICE Petition number: VA --53 -0 1 Date: A •,5 ksa- i l , dv d- l Time: 7:00 PM Telephone number of the City's Community Development Depailment: (954)924-6800 Ext. 3654 3. A true and accurate copy (copies) of the subject sign(s) is/are attached to this Affidavit and incorporated by this reference. FURTHER, AFFIANT SAYS NO`' un.Tr: n,rnrW Sworn to and subscribed before me on , iv %� L. i 7 LVL 1. Jenny r Heblie nan of Flonda Jennifer Hernandez My Ccmminion GO 907305 a EHpir0508126t2023 My Commission Expires: 0$$.� QTAR PUBLIC State of Florida at' Large EXHIBIT "A" COPY OF PHOTOGRAPH(S) ,1 , I 1 l CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING APPLICATION # ll,l•,.,, , ,' If °n l4ru.; tn. r.n...tinrl,•..,,„ ' roh.+r�i,r, 1141 Ir+rN hr N:... LOCATION TIME &DATE"`rin 1.01t 11IN111.11A 17 IN :1\D TO CONFIRM ,MEEll r,x(, J,()CAT10\ (:AlJ, Tl FE CI7'1' OU DANIA REAM AT 9 54-9 2 J -69 0 1,11..; 7 97 POSTED -By �I J ofMill ' •�Jl� I Y i ..fY,1 � r + � 1ri �,1 +kry,�j .rl='� �, `�� �' � f�',F.1�ii .� Y � h ' �F"r� �r1 r�Y 'i.,' Pi�S i"'�' 4(/ �[.T," `Iei i`I/q'il;i� fie•!' II s J �'1 ,'J l '.1 °J' f Al I it t F +��1tK �`�,� .�`➢1� I '��•�I'''Y1. .1.id-Il,r�� 11��} �k;ti�Sa • �irf 'i1, I �.. ,�r. L . � 0h,.a.r<r�L�LoaS�ic�l'��L-. ,r °rµ ' �{�gt�'�'�'; �t'• '� tik� 'f,°tq-i`� �}j�+" ► '!e�; 'fir °' 4j��"�� � �I ''$' ff�'r � �'rl `�411 * ��t�.���' f•il:7r'.I`!!if �f �ir`Y,��Sk��r ; �'•,�'''� � . `� 1ei� ': Z�+af�'� , I 5i w - .. .J �. . �. ' ���`1,�: t{'F i Y� '�`t�?: �. SI -.,I • �l,.t. �`� }yw �,�t; .. t. _.:., {t \ � Lh. 1�:�'.Sl� .I 4 �i-r1 �qy � y�4 ' f, f `�{' } � Zk �L�A . , �� � ., •. ��\ '�� �. �` , � 1����9�� 5�5� y,'�4.'�A�i��M, `Y: � � C�� tl9 �,s,'.r:�1� C ExVL,;I:) rdi I''C1iami I public hearing notification services .JUI. 2 1 HZI certified lists of properly owners wlihln a specific radius + rodlus mops + moiling labels + malfouls + nollce of public hearing slle posting rdrrniami.com ! dialn❑@rdrmiumi.com 1 305.498,1614 July 19, 2021 City of Dania Beach Planning & Zoning Division 100 W Dania Beach Boulevard Dania Beach, FL 33004 Re: Property owners within 1,000 feet of: SUBJECT: 409 5E 3 Terrace, Dania Beach, FL 33004 FOLUO MBE : 5142 03 48 0350 ABBREV. LEGAL DESCRI_PSIQN.: OCEAN VIEW GOLF ADD 3T-i BLOT 16 BLK 3 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate properly and property owners within 1,000 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on file in the Broward County Properly Appraisers' Office. incerely, n ' . Rio Total number of property owners without repetition: 191, Including 3 international (This total includes one address label to the Planning & Zoning Manager, one address label to the Community Development Assistant Director, and in case of a condominium, one address label to each Condominium Association as listed as registered with the Florida Department of State Division of Corporations) state of: ' efe County of: o,—( r n., - %Z)� �A BEFORI= ME: an officer duly authorized to take acknowledgments, on this�day of _7u kl , personally appeared i i '-, who is personally known to ma and who d4TAU&q an oath, who executed the foregoing, and executed the same freely and voluntarily for the purposes therein expressed. Notary Public Dated this d-0-i-I day of 1 Commission Expires: I? - - 1 r- ? -) ' Mabel Rlo Seal Comm. # GG939791 BonM ThrttTl u Aam Maury Rio Devalapmeni Resources, LZC CRDR) has used Its best elforts Jr) collecting the infounallon published in This report and the Andings contained in the report are based solely end syciuslvaly on information provided by you and Information gathered from public records and that focal government. By acceplance of this report, you agree to hold ROR hanniew arTd lndernntfy ✓ OR Iran any and all losses, damages, llablittles and expenses which can be claimed against ROR caused by or related to this report. rdr t'1'IICII'1'll I public hearing notification services ceflifred lists of properly owners within a spedlic radius + radius maps + mailing labels + mallouls + notice of public hearing slle posting rdrmlami.com I diana@rdrmiaml.com 1 305.498.1614 1,000' ADI R US MAP IN SUBJECT; 409 SE 3 Terrace, Dania Beach, FL 33004 FOLI NUMBER: 8142 03 48 0360 ASBREV. LEGAL DESCRIPTION; OCFAN VIFW GOLF ADD 37-7 B LOT 16 BLK 3 NAME NAME ADvRES5 CITY STATE ZIP lCOUNTRY FERRARI. AMERICO & NATALINA 2,)32 KIRBv RA MAPLE ON L6A 351 CANAbA GOSSELIN, DANIEL BUSMERES MARLENE ETAL 115 PAI€MENT ST SAINTHE14RI QC GOR 3E0 CANADA NICOLETYI, LORETO & ANTOINETTE 2050 KING VAVGHAN RO MAPLE ON 0A 2A7 CANADA 319 SE 4TN TERRACE LLC 1995 E 64KLAND PARK BLVD 17115 FORT LAUOEROALE FL $3306 USA $25 SE 4TH AVENUE LLC 6586 W ATLANTIC AVE DELRAY BEACH FL 33446 USA ADAMS, ROBERT C60RGE 330%9 NK DANIASEACH FL 33004 USA ALEGRE, GABRIELA & ALEGRE, RAYMOND 223 SE B ST DANIA BEACH FL 33004 USA ALVAREZ ALVARO J SOTO 293 N STATE COLLEGE BLVD 0 SO44 ORANGE CA 92868 WA ALVAREZ MARIA 405SE4ST DANIABEACH FL 33004 USA ANCHORS, CHARLES W & RHEA M C W ANCHOR & R M ANCHORS tIVTR 401 SE 3 TER DANIA BEACH FL 33004 USA ANZALONE, NANCY J 413 SE 4 ST DANIA BEACH FL 33004 USA AREVALO CESAR H & VANESSA M 237 BE 3 TER DANIA BEACH FL 33OD4 USA ARNAU ANACAROLJNA CARVALHO,ANORE 291SE3YL DANIASEACH FL 330M ARRIGO THOMAS A JR & ELISA M 410 BE 3 ST DANIA BEACH FL 93044 $ALL,JAMESB 410SE3TER DANIASEACH Pl. 33004 BARCELLONA CAROLYN MARIA OJEDA GHERARD G 338 $5 9 TER DANIA BEACH FL n004 qL5A BARLOW ELI2ASETN A 234 SE 3 iT paNIA BEACH FL 33004 BARNS,VIVIAN 914 $E 4 ST DANIA BEACH FL 33004 SARTHELME$5, ELLEN 5HAPIRO 302 SE 4 ST DANIA BEACH FL 33004 WTLEY, JOHN BARTLEY, DOREEN 201 SE 2 AVE DANIA BEACH FL 35004 USA BEGOVIC, EOI$A 330 SE 3 ST DANIABEACH FL 53004 USA BELCH, BARBARA A & JOHN 416 SE 4 ST DANIA BEACH FL 3$004 USA BEIARANO,MARIA 199 OCEAN LANE DR APT 313 KEY91SCAYNE FL 33149 USA BENAVI DES, MAR A A GARC 14 URDAY, CARLOS A 525BE3TER DANIASEACH FL 83004 USA BENMIRA, RAMA 3195E4TER DANIASEACH FL 33004 USA KIINARD JOANNEGL19RTIN 417SE3TER DANIABEACH FL 33004 USA BETTEX, FIERRETTE PIERREJTE BETTER AEVTA 3035E 4 ST DANIA BEACH FL 33004 VSA BIRGEL, RICHARDALANJR 3085E4ST DANIASEACH FL 33004 USA BLAIS, XEVIN SABINO, CEBQRA14 E 31O $E 9 PL DANIA BEACH FL 33004 USA BOILARDJOSHUA 3175E45T DANIASEACH FL 93004 USA BOVA,DAVIDC&JENNIF£RM 311SE4THST DANIASEACH FL 336M4 JUSA BREEDING,JOYC£ 4025E4S7 DANIASEACH FL SM USA BRITTON,JUDYR 313SE457 DANIASEACH FL 33004 USA BR0OM, SONJAJ 426SE3TER DANIASEACH FL 33004 USA BROWARDCOUNTY BOARD OF COUNTY COMMISSIONERS 115SANDREWSAVE RM501•PP FORTLAUDEROALE FL 35301 USA BVRGIO BETTY BURGIO MICHAELC 238SE4ST DANIASEACH FL 3B004 USA BIJSHUEV, ALEXEY 334 SE B ST DANIASEACH FL SB.404 USA CASTILLOJOSEENRIQUE ICAZA, ANA CECILIA 227BE3ST DANIASEACH FL 38004 USA CF$ARIO,AMANDA M & CESARIO, J L 415 SE 4 ST DANIA BEACH Ift -JSBOO4 JUSA CESARIp,MpRIOJR 316SE4TER DANIASEACH fL 33W4 USA CHANG,WEITIhG CHANG,DENY 920SESTER DANIASEACH JfL BB004 JUSA CHEN XIAOXIA I 411SE4TER DANIASEACH JFL 135004 JUSA CITY OF DANIA 5 MH PLANNING & ZONA15 MGR 100 W DANIA BEACH BLVD DANIA BEACH FL 33004 USA CITY Of DANIA REACH COMMUNITY DEVELOPMENT ASSIST, OIR WO W DANIA BEACH BLVD DANIA BEACH FL 33004 USA CORNELIUS HILARY LUDWIG KATHRYN M 414 SE 4 ST DANIA BEACH FL 33004 IJSA CORSO, CHARLENE A 417 SE 4 ST DANIABEACH FL 33W4 USA COWART BERNADEITE ANN 253 SE 3 TER DANIABEACH FL 33404 USA CRAWFORD MONA 41B SE 3 PL DANIA BEACH FL 153004 USA .CROW 5TEPHEN 520SE4ST DANIABEACH FL 330D4 USA CRU7,ANDREAC 230SE3ST DANIABEACH FL 33004 JUSA DANIA REACH VILLA UDC 429 SE 3 TER DANIA BEACH FL 33004 JUSA DAVIS,JOANNANACKLEY 434SE3TER DANIABEACH FL 33004 USA DE L45 SAL44 GABRIEL M 409 $E 3 TER DANIA BEACH FL 33004 USA DE LOS SANTOS, KRIM M 313 SE 9 TER DANIA REACH FL 33OD4 USA DiFUSC4 LIANA HERNANDE ROBERTD 406 SE 4 ST pAN1A BEACH FL 33004 LISA DEL SAPIO, EUMETH 417 SE 4 TER DANIABEACH FL WIDD4 USA OWIANO,JOHNA JOHNDELAIANOREV UVTR 400SE4ST DANIABEACH FL 33004 USA DESSUREAULT, ANDRE & RHONDA B 305 5E 5 ST DANIABEACH FL 33004 U5A DORIA, JOHN 304 SE 3 TER DANIABEACH FL 330O4 JUSA DUNSIiEE, DAVID W & LAURIE M 406 5E 4TER DANIA BEACH FL 3$004 USA DUN$HEF MICHAELDAVID 423SE4TER DANIABEACH FL 33004 0A, DUONG VANTHI VAN, bAwD 4305E3$T DANIABEACH FL 33404 USA DURHAIVI MARIEP WE 50CIRA5,TEDS 3095E45T DANIABEACH FL 33004 USA DYER, PAUL EDWARD 3185E3TER DANIABEACH FL 33004 USA ECHAVF, MARIAL 413$E3TEk DANIABEACH FL $3004 USA EDWARDS, BARBARA H WE EDWARDS, JASON 31$ $E 3 PL DANIA REACT{ FL 33 4 USA ETTUS,KATIAR 4125E 4ST DANIABEACH FL 33004 USA FERREIRA,JUDITHA JUDITH A FERRE IRA REV TR 407SE4ST DANIABEACH FL 33004 USA FLORES KELLY 321SE3TER DANIABEACH FL 35004 USA FLORIDA POWER & LIGHT CO ATTN PROPERTYTAK - 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