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HomeMy WebLinkAboutR-2006-075 Akiba-Dania Cafe RESOLUTION NO. 2006-075 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE PARKING VARIANCE REQUEST SUBMITTED BY ERIC TERZIAN, APPLICANT REPRESENTING CHARLES AND FRANCESKA AKIBA, PROPERTY OWNERS,FROM CHAPTER 28,"ZONING",ARTICLE 6.21,"OFF- STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 2 NORTH FEDERAL HIGHWAY,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21. contains off street parking requirements applicable in the City of Dania Beach; and WHEREAS,Eric Terzian, applicant, representing Charles and Franceska Akiba,property owners, has applied for a variance (VA-19-06) to allow a cafe with zero (0) parking spaces at an existing building located at 2 North Federal Highway, Dania Beach; and WHEREAS,the Planning & Zoning Board on April 19, 2006, recommended that the City Commission grant variance request VA-19-06,based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-19-06, for a variance as described above from requirements in Chapter 28,"Zoning",Article 6.21,"Off Street Parking Requirements",of the City of Dania Beach Code of Ordinances,a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage • and adoption. PASSED AND ADOPTED on April 25, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST:. c� LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: r j -\\.4 TH M J`. A SBRO CITY ATTORNEY 2 RESOLUTION #2006-075 y City of Dania Beach, Florida Department of Community Development Planning and Zoning Division • (954) 9I4-3645 General Development Application ® Assignment of Flex/Reserve Units ® Land Use Amendment ® Plat ® Plat Delegation Request MAR 17 2006 ® Rezoning Date Rec'd: ® Slte Plan I O� ® Special Exception Petition No.: ® Special Request ® Traff lcway Waiver ® vacation Request ® Other: 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 fad 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 buillding1 permit from the City's Building Department. Location Address: W J T (/ot4 , �� J y Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s):Oa39-d - Q 00 Legal Description: DppricanConsultant/Legal Representative (circle one) VI Address of Applicant: i 5 �1QCZ( �1 Business Telephone: Home: 47 Fax: 3� f Name of Property Owner: Cbml pe,Z EUan U,51<a 1,ktAz- Address of Property Owner: ( gag / l doh i o m i' F)- 3 3/ 7 9 - J 3 J / Business Telephone: Home: Fax: Explanation of Request: 95M 012 a 56 Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? I I understand that site plan and variance approval automatically expires within 12 months o?City Commission'approval,, pursuant to Ordinance No. 2005-040. Appillcant/dIrvner signature Print Name CY ®ate APPLICANT, CONSULTANT, OR LEGAL REPRESENTA77VE NOTARIZE®SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of_M o h 20_0 p Signature: Date: to D K� QJ C haq (e S :AYl I 6-(a Sign Name of N to Public (Print Name) State of(�-I �i1 `1 c" Print Name of Notary U Street Address, City, State and Zip Code 33 f7 C� Commission Expires: . q� g a a 8 3 PAGE TT Seal: MY COMMISSION r DD one No. &Fax No. �p� BXPIREL-Jww2Z2W9 (tom&Ib�I S! P�aima Na/r,5'siraom� • INDIVIDUAL OWNER NOTARIZE® SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. ' t I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. EiZZ�ArJ er%L 03121 O Applicant/ weer signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consuitant/Representative: Thl4awdayof 2t' 20jac Signature: Date: Z Sign Name of Notary Public (Print Name) State of( ) 2160_P taT'` RCt—T Ap 3y3 ':;-MJY2E�-&—H Print Name of Notary Street Address, City,State and Zip Code F,33160 Commission Expires: 93 57,. 1.4 a . 91 Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representadve) -7 a h) t=21,C to make and file the aforesaid application. SwoFp to and subscribed before me Owner: 2 _ Thi L day of 941" 20 Signature: .1-4k..... Date: Sign Name of Notary Public (Print Name) State of( ) lqt tvr& Lit PL IV 1-1 B ftt a311 Print Name of Notary Street Address,City,State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM N®. 1. DATE OF COMMISSION MEETING: APRIL 25, 2006 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA-19-06 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: VA-19-06 — Eric Terzian, applicant, representing Charles & Franceska Akiba, property owner, is requesting a parking variance to allow a cafe with 0 parking spaces; at an existing building located at 2 North Federal Highway. (Chapter 28, Zoning 6.21. Off Street Parking Requirements, indicates that 9 parking spaces are required.) 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Criteria Statement/Cafe Layout Survey Application Comment Sheets Public Hearing Notice Location Map Mailing List 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date: April 3, 2006 Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 25, 2006 TO: Ivan Pato, City Manager VIA: Laurence Leeds AICP Director FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-16-06 — The applicant, Eric Terzian, is requesting a parking variance for the property located at 2 North Federal Highway. Variance To allow a cafe with zero (0) parking spaces; code required 9. The subject property is located at the north west corner of Dania Beach Boulevard and Federal Highway. The building is currently occupied by an antique store. In 2002 a restaurant was licensed at this location. That Occupational License has since expired. The applicant is now requesting to establish a cafe at this location. The proposed cafe will be 720 square feet, approximately half will be use for customer service area, requiring 9 parking spaces. However, according to the survey, there is no parking provided on site. Therefore, the applicant is requesting a variance to allow the cafe with no parking spaces. Public parking is available at City Hall and on NE 1 Avenue. PLANNING AND ZONING BOARD RECOMMENDATION On April 19 the Planning and Zoning Board will hear this item. Their recommendation will be presented at the City Commission meeting. STAFF RECOMMENDATION At the discretion of the City Commission. /D'!R. ER.8C T9ERZIA M 2901741h Street Apartment 303 Sunny Isles Bench, FL 33160 Ph: 30 93 . 093 March 16, 2006 City of Dania Beach, EL Department of Community Development Planning &Zoning Department Re: Parking Variance To Whom It May Concern: I wish to claim a "HARDSHIP" concerning this parking variance due to the fact that there is no designated parking lot attached to the building. My business, Dania Garden Cafe' will seat only 10 people. The former owners of what is now known as the Akiba Antique Mall operated a similar caf6 within the mail, which is part of the property where we will conduct our business. Therefore, I respectfully request that you please grant me this variance under the condition of"HARDSHIP" so that I can open my beautiful caf6, which will be an asset to the City of Dania Beach. Thank you for your kindness and consideration. Sincerely, ERIC TERZIAN , nn 111// j CE W�� �(':_. r1�.�C'c:•� Reviewer IDete � {� APPlicant Projects total nannber of seats: Q . 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Route Via: Mail❑ Pick Up ❑ In-house ❑d Fire Marshal ❑ Landscape ❑ BSO❑ Public Services ❑ Planner© Other Consultants ❑CGA Approved as submitted ❑ Denied' Comments must address prior ❑ Approved w/conditions ❑ to PZ!Commission hearing List Conditions Signature Date 0A4_Q_ Print Name l � Dania Garden Caf6 parking variance #VA-19-06 2/21/05 Corinne Church, (954)924-3704 1. Incomplete information was provided, therefore additional review and comment will be provide by staff at time of further review of this project. 2. Application incorrectly filled out. Applicant must complete section titled "Applicant, Consultant or Legal Representative Notarized Signature". Property owner must complete section titled "Individual Owner Notarized Signature" & authorize the applicant. NO FURTHER REVIEW OR ACTION CAN TAKE PLACE UNTIL APPLICATION IS CORRECTLY COMPLETED. See attached. 3. Must provide floor plan of proposed restaurant showing square footage so required parking can be calculated. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 3/20/2006 PZ Log VA-19-06 Project DANIA GARDEN CAFt PARKING Folio 5042-34-01-2000 VARIANCE PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up In-house ❑ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services 0 Planner ❑ Other Consultants ❑CGA Approved as submitted ❑ Deniex_ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions G01Jr-1M NJ d HMEk Fo/C ARVA5/27Y. -Wfll CO?'TE p2orAEZTY oN :5iJ�evBY. s'T-73E 044KIAA4 �b�dt-e�ER-!ems cox- swz wb AwQovk F< b 1lSE, -w,&H/r bx,+w/a14 .�5f1 vw//J6, i°*IZK/A 4 AAR-' S NO4R s,lrE. zao 6 Signature Date *TM M)rJ I C. F -of Z,L ,60 Print Name x - ——— ---- —— —— ——— ——————— - ---- -�-- CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTP ROUTING SHEET Route Date 3/20/2006 PZ Log Project IDANIA GARDEN CAFE=PARKING Folio �5t VARIANCE L PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE IN( COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLAT BOARD AND CITY COMMISSION.THANK YOU. Route Via; Mail ❑ Pick Up 21 Fire Marshal❑ Landscape RV Public Services❑ Planner❑ C Approved as submitted Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions a )L o Signature Date m Print Name -= NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH i VA-19-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, April 25, 2006 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: VA-19-06 — Eric Terzian, applicant, representing Charles & Franceska Akiba, property owner, is requesting a parking variance to allow a cafe with 0 parking spaces; at an existing building located at 2 North Federal Highway. (Chapter 28, Zoning 6.21. Off Street Parking Requirements, indicates that 9 parking spaces are required.) LEGAL DESCRIPTION: LOT 22, LESS THE NORTH 20 FEET THEREOF OF THE EAST 20 FEET; ALL OF LOT TWENTY THREE (23) AND LOT TWENTY-FOUR (24), LESS THE EAST EIGHT (8) FEET, IN BLOCK THIRTEEN (13), TOWN OF MODELO (NOW DANIA), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK"B", PAGE 49, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA SAID LANDS LYING AND BEING IN BROWARD COUNTY FLORIDA. Copies of the proposed petition are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in Oany of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Published: Friday, April 14, 2006 Refer to the back of this notice for a Location map of the site Akiba-Garden Cafe VA-19-06 t w. Loc ation _w _ ._. AST ST L4 cc U_ —1 T isIsAg -R I EDANIA EA _ W ANI _..._ ._ _ , 'i j o c V T,,. .._„ _ �._ f T 'LU cc f w .. L � j _ i I 1 I Akibo—Garden Cafe VA-19-06 O cn cn cn m m cn 0 cn m cn cn m cn cn cn cn cn C n cn m D 0 0 0 O O O O O 0 O O O O O O O O O O o O T A A A A A A A A A A A A A A A A A A ? 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