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Home My WebLink AboutR-2006-125 Kodner Variance RESOLUTION NO. 2006-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER FOR PROPERTY LOCATED AT 6 SOUTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,sets the off-street parking requirements for the City of Dania Beach; and WHEREAS, Jay Kodner has applied for a variance (VA-40-06) to allow 8 parking spaces associated with an auction use. Chapter 28, "Zoning", Article 6.21 "Off Street Parking", requires approximately 30 parking spaces associated with an auction use, for property located at 6 South Federal Highway, Dania Beach; and WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant variance request VA-40-06,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-40-06, for a variance as described above from requirements in Chapter 28,"Zoning",Article 6.21,"Off-Street Parking",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 subject to the following conditions: 1. Variance effective until January 1,2008,or until such time as Dania Discount Drugs revokes permission, whichever comes first. 2. Variance limited to Friday nights. 3. Applicant to submit a landscape plan(rear of building)for City approval. Landscaping to be installed prior to approval of a Certificate of Occupancy. Section 2. That based upon Section 10.13 of Article 10 of Chapter 28, of the Code of Ordinances of the City of Dania Beach,the variance shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on August 22, 2006. PATRICIA FLURY MAYOR-COMMISSIONER AT EST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO/ CORRECTNESS BY: THOMAS J. ANSEB& CITY ATTORNEY • 2 RESOLUTION#2006-125 CITY OF DANIA BEACH Agenda Item # • Agenda Request Database Date of Commission Meeting: 8/22/2006 Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested ActiOtt (Idenfity appropnate Action or Motion) f z;...,... ,.{<., . . .._. . ....,.. , .. . ._, ,. �.,. VA-40-06-RESOLUTION NO.2006-125-A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER FOR PROPERTY LOCATED AT 6 SOUTH FEDERAL HIGHWAY,DANIA BEACH; FROM CHAPTER 28,"ZONING", ARTICLE 6.21 "OFF-STREET PARKING";PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. IIVhy Action is Necessary = oNlitActionAcc6mplishes.'. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background VA-40-06 - Request submitted by the owner Jay Kodner, for property located at 6 South Federal Highway, Dania Beach. The request is for a variance to allow 8 parking spaces for auction use; (Chapter 28, Zoning, requires approximately 30 spaces). Property is located within the City's Local Activity Center(LAC). Fiscal lmpact/Cost Summary Exhibits Attached v, t> Resolution (Exhibit 1) � Staff Report (Exhibit 2) Staff Comments Application Public Hearing Notice/Location Map (Exhibit 3) Survey/ Layout Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorise ! Signatures' Submitted by Corinne Lajoie Date Department Director Larry Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ • RESOLUTION NO. 2006-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER FOR PROPERTY LOCATED AT 6 SOUTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,sets the off-street parking requirements for the City of Dania Beach; and WHEREAS, Jay Kodner has applied for a variance (VA-40-06) to allow 8 parking spaces associated with an auction use. Chapter 28, "Zoning", Article 6.21 "Off Street Parking", requires approximately 30 parking spaces associated with an auction use, for property located at 6 South Federal Highway, Dania Beach; and WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant variance request VA-40-06, 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-40-06, for a variance as described above from requirements in Chapter 28,"Zoning",Article 6.21,"Off-Street Parking",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 based upon Section 10.13 of Article 10 of Chapter 28, of the Code of Ordinances of the City of Dania Beach,the variance shall automatically expire and become null and • void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are • repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on , 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS • BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006 io CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 22, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director - SUBJECT: VA-40-06: The owner, Jay Kodner, is requesting a variance for parking for auctions conducted at 6 South Federal Highway. VARIANCE Variance to allow an auction house/antique gallery with 8 parking spaces (30 spaces parking spaces required). ZONING: Commercial (C-2) LAND USE DESIGNATION: Local Activity Center (LAC) OVERLAY DISTRICT: CRA, Principal Arterial Commercial Design • Standard Applicant indicates 20% of usable floor area is available for auction space. Since staff cannot control the size of the auction area, staff is estimating 50% of gross will be used for auctions, leaving 50% for furniture display. Based on city parking requirements, 30 spaces are required. Only 8 spaces are actually provided, insufficient for auction use. Mr. Kodner has submitted a letter from the owner of Dania Discount Drugs granting permission to use the drug store parking lot (about 15 spaces) for the auctions. Sufficient parking should be available if the two sites can share each other's parking. Since Dania Drugs can withdraw their permission at any time without notice, any variance must be conditioned accordingly. PLANNING AND ZONING BOARD RECOMMENDATION Approval subject to the following: 1) Variance effective until January 1, 2008, or until such time as Dania Discount Drugs revokes permission, whichever occurs first. 2) Variance limited to Friday nights. 3) Applicant to submit a landscape plan (rear of building) for city approval. Landscaping to • be installed prior to approval of a certificate of occupancy. Cc: Phill Reeves, Building Official m 2`a' • DANIA DISCO 11 n r T DRUGS9 INC. 16 SOUTH FEDERAL HIGHWAY DANIA BEACH, FL 33004 PHONE (954)921-4661 FAX (954)921-4339/0484 07/20/06 To Whom it May Concern, Gentlemen: We welcome Estate Auction Company as our next d oor neighbor and have no objection to possibly sharing the common parkin are every other Friday night, g a • 7CU6 0 A s, Richard Lowy Dania Discount Drugs, Inc. \ Jay Kodner 3017 Lakewood Lane Hollywood, FL. 33021 • 954-650-4800 May 23 d, 2006 To: City of Dania Beach, Florida Department of Community Development Planning and Zoning Division RE: 6 South Federal Highway Parking Variance Dania Code- 1013 The following letter is in response to Dania Code 1013: a). The survey of the subject property shows 14 parking spaces, including Handicapped on the site. The Auction House-"Estate Auction Company"will need additional parking, which is available at City Hall, already across the street. Auctions will be conducted after 5pm on Friday evenings, so the parking will not conflict with City Hall business. In addition, I own the property at 45 South Federal Highway and 101 South Federal Highway, whose parking facility is never used on Friday evenings. We will Provide Free Valet Parking. ® b). Prior to my Occupational License Application, subject PP bJect building and property had the same identical use for many years, commonly known as "Carousel Antique Auction". c). We are not asking for any privilege that is denied by the chapter, to other lands, other buildings or other zoning district. d.) The Antique Auction House could not exist if it were not able to share Friday night parking as mentioned before. e.) The Requested Variance is for the minimum number of spaces. The availability of these extra parking spaces will make possible the reasonable use of the building. f.) It is my belief that the granting of this variance will be in harmony with the intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. On the contrary- we will attract new customers into this area. The other Antique Dealers—"Our Competition"will also benefit. ery lut Y u s, Ja Kodner • MAY 2 6 i City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: ❑ Site Plan , ❑ Special Exception v Petitlon No.: 00-06 ❑ Special Request ❑ Trafficway Waiver variance ❑ Vacation Request ❑ Other: THIS APPLICATION MILL NOT RE 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 alwathe Ic or their authorized legal agent must be present at all meetings. •wn.ry, F i`All projects must also obtain a building permit fro the City's Builpa�eR$;:-�?r urt .4 '.DWILocation Address: �D ��Z�!L y r:i�s:11 Lot(s): Block: 432 division: Recorded Plat Name: � j- �► --� Folio Number(s): v`i: 3� Legal Description:%cu» •�,� t �;�� `'j -c�� Q (A:ppD1icant/'onsultant/Legal Representative (circle one) '( .�Ct7I'�I E lZ Address of Applicant: !3 � e L �--�Ati) 1A Business Telephone: . 'a W Home:"15"1 1� "Z5 5d Fax:15 -q Name of Property Owner: A Address of Property Owner: ' L Business Telephone: 1)'1 G � Home:`"1 5`1'175 Z S 5b Fax:'"i Tz Explanation of Request: Prop. Net Acreage: Gross Acreage: Prop. Square Footage: C'C C GcC Existing Use: Proposed Use: A �1 L; )Qn, (,t Is property owned individually, by a corporation, or a joint venture? ) N 1IfV)`kV?U I under t t site plan and variance approval automatically expires within 12 onths of ty mmission approval, pursu nt to Ordinance No. 2005-04 . App • a Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Mnt/ tive: This day of P-�A 20� Signature: / Date: o L Name of Notary Public S to of( (Print) kNa )Si Lco ia�\n Oon Print Name of Notary meet Address, ty, State and ZipCode t�lAP�t Telephone No. & Fax No. �OD2Y®ta' INDIVIDUAL OWNER NOTARIZED SIGNATURE: � This is to certify that I am the fee simple ow er. of subject lands described above anq. t 't I have authorized (Applicant/Consu(tant/Representative) make and file the aforesaid application. to Sworn to and subscribed before me Owner:_1 ��Q = This day of 20_ Signature:\ D tete: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary t re�id� � City, State anip cod Commission Expires: ' ' � �V Seal: Telep, ne No. &Fax No. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-40-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, August 22, 2006, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: VA-40-06 - Request submitted by the owner Jay Kodner, for property located at 6 South Federal Highway, Dania Beach. The request is for a variance to allow 8 parking spaces for auction use; (Chapter 28, Zoning, requires approximately 30 spaces). Property is located within the City's Local Activity Center (LAC). Property is legally described as: Lot 3 and 4, block 22, Less the East 8.00 Feet Thereof, "Town of Modelo" according to the plat thereof as recorded in Plat Book B, Page 49, of the Public Records of Broward County, Florida. Copies . of the proposed variance 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 please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.ln accordance w' the Americans With Disabilities Act, persons needing assistance to participate in any of theta proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48.hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or 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. 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