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HomeMy WebLinkAboutR-2006-171 Dania Place - Greiner Extension RESOLUTION NO. 2006-171 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOHN GRENIER, FOR AN EXTENSION OF VARIANCE VA-09-04, VA-40-03 AND SITE PLAN SP-06-02, BOTH DATED APRIL 26, 2005, APPROVED BY RESOLUTION NO. 2005-049 AND RESOLUTION NO. 2005-050, RESPECTIVELY WHICH WILL OTHERWISE EXPIRE ON OCTOBER 26,2006;PERTAINING TO PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on,April 26,2005,the City Commission approved variance requests VA-09-04 and VA-40-03,made by Joseph Kaller,Architect,representing John Grenier,to allow the following: VA-09-04—Variance request: 1. To allow a wall sign for a property with less than 300 feet of street frontage; 71 feet of street frontage provided, per Article 28, Section 28.095(a) of Chapter 28. VA-40-03 —Variance request: 2. To allow a 15' east setback and 18' west setback; 55/25 side setback required, per Section 4.202 of Chapter 28; 3. To allow a catwalk to protrude approximately 9.5' from the building; 4' permitted, per Section 5.32(a) of Chapter 28; 4. To allow a balcony 7.83' wide; 4' permitted, per Section 5.32(a) of Chapter 28; 5. To allow a 15' west canopy setback;25' required,per Section 4.202 of Chapter 28;and 6. To waive the 40% pervious area requirement; as granted by Resolution 2005-049, which will also expire on October 26, 2006; and WHEREAS,on April 26,2005,the City Commission approved the site plan request SP-06- 02, made by Joseph Kaller, Architect, representing John Grenier, to allow construction of 9 condominium units,by Resolution 2005-050,that will expire on October 26,2006 pertaining to for property generally located on the north side of Dania Beach Blvd.,east of the Danians Condominium Clubhouse, fronting Dania Beach Boulevard, in the City of Dania Beach; and WHEREAS, John Grenier is requesting extensions of the variance and site plan approvals • until April 26, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration dates for the approval of variance VA- 09-04,VA-40-03 and site plan SP-06-02,are approved until April 26,2007, subject to construction drawings being submitted to the Community Development Department within 30 days. Section 2. That such approvals are subject to the conditions previously approved by the City Commission. 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 October 10, 2006. PATRICIA FL Y MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO AND CORRECTNESS: BY: TH MA . �ASBRO CITY ATTORNEY 0 2 RESOLUTION #2006-171 CITY OF DANIA BEACH Agenda Item # �• Agenda Request Database Date of Commission Meeting: 10/10/2006 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2006-171-A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY JOHN GRENIER,FOR AN EXTENSION OF VARIANCE VA-09-04,VA-40-03 AND SITE PLAN SP-06-02,BOTH DATED APRIL 26,2005,APPROVED BY RESOLUTION NO.2005-049 AND RESOLUTION NO.2005-050,RESPECTIVELY WHICH WILL OTHERWISE EXPIRE ON OCTOBER 26,2006;PERTAINING TO PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE,FRONTING DANIA BEACH BOULEVARD,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. d�et yam_ 'r"'�""�p (��r^^���^" vzr �.fa' `c� �"�� r� ' ��,• - �r ry� tea°"- ,T"�"`�'"", �,„ e -!w �(4���`!Yom ,Nish .R`i,x:.,�� . 1� A���q& �+>."c� �� ��"' ���b�" �s h:.�+ti �t�`', � �✓� .?r . < <�. =�; �'a�,rt.$�3y�w'c�' ";r �°a.ay,.: �.....:.as�t,'..nit- �A x.� .z1:'`+. 1 �".b.. �' °Sse '.+k 4 r{ ��' N'*d, � t'"'a✓ ?°«4 z �.; $ ,��,'�� r '.Y Y ,� `.y,#j''�;�.�;. trchasin Re nests ONLYgk �e rt � r t �, l��y Yyy d 5, r ..a..-,....ra„ '" .w.,a.�`'w"aa�,�.f m.., ..>.�.a_,�a.,.�a.,a�,�.3i�. dv.k`'4:,xs•.roFa.ern w..savfr»tava::Fssww.e�m3Yz�e.mk:�a si?iv': ..ss..:.s�„+" Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation%Background ' 3�.-,...,aa.,. 3. ., s, .._ ....ems swrF .0 VA-40-03/VA-09-04: Request by John Grenier for variance and site plan extension for the construction of 9 condominium units located on the north side of Dania Beach Blvd, east of the Danians Condominium Clubhouse. 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Resolution Staff Report Application Location Map Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 zed Sigriatu es �� Nyixe3 Em Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT STAFF REPORT DATE: October 10, 2006 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G FROM: Corinne Lajoie, AICP, Principal Planners 74d SUBJECT: VA-40-03/VA-09-04: Request by John Grenier for variance and site plan extension for the construction of 9 condominium units located on the north side of Dania Beach Blvd, east of the Danians Condominium Clubhouse. On April 26, 2005 the City Commission approved the requested variances and site plan with conditions. The applicant is requesting a variance and site plan extension of one year (until April 26, 2007). VARIANCES 1. To allow a WALL SIGN for a property with less than 300 feet of street frontage; 71 feet of street frontage provided, per Article 28, Section 28. 095(a) of Chapter 28. The applicant is proposing a 27 square foot wall sign attached to the south fagade of the building to identify the project. No other signage is proposed for the site. 2. To allow a 15' east BUILDING SETBACK and 18' west BUILDING SETBACK; 25' and 30' side yard setbacks required respectively, per Section 4.202 of Chapter 28. The subject property is very narrow, 71 feet wide. If the applicant followed the side setback requirements the building could be only 20 feet wide, too narrow to construct a condominium. The requested variances allow a 38 foot wide building. The property abuts parking lots to the west and east. No other property located on Dania Beach Boulevard has the same physical constraints. 3. To allow a CATWALK to protrude 6' from the building (east elevation); 4' permitted, per Section 5.32(a) of Chapter 28. The requested variance will provide a 9'4" setback from the east property line. The requested setback encroachment will not detrimentally affect the surrounding properties because the catwalk will be immediately adjacent to the back side of a shopping center. In addition, the width of the property is unique to the area, no other property located on Dania Beach Boulevard has the same physical constrains. 1 SITE PLAN The current RM-2 zoning designation allows 10 apartment units up to 55 feet in height. The V� site plan shows nine apartment units in a single building measuring 42 feet in height. The applicant has provided 2.2 parking spaces per unit and 40% pervious area as required by code. Also, the City's Landscape Consultant has indicated that the proposed landscaping exceeds code requirements. Access is from one driveway onto Dania Beach Boulevard. There is no vehicular access through either Danian's or Sea Oaks Condominium. CITY COMMISSION PREVIOUS ACTION On April 26, 2005 the City Commission approved the requested variances and site plan with conditions. STAFF RECOMMENDATION At the discretion of the City Commission. ATTACHMENT A 1. Provide recorded copy of plat prior to issuance of a building permit (Planning 1- 25-05). 2. Prior to issuance of a building permit, provide a recorded deed restriction limiting development to 9 condominium units prior to issuance of a building permit (Planning 1-25-05). 3. Prior to issuance of a building permit, applicant shall submit condo documents containing reasonable rental restrictions (duration and frequency) approved by city staff. 4. Applicant will have to submit a tree removal & relocation permit prior to issuance of any building permits (Landscaping 11-14-04). 5. Hydrant placed as requested — FDC will be on system side of back flow preventor (Fire Marshall 11-15-04). 6. Since only water quality is proposed, please verify whether this project is part of an existing surface water management permit and identify the ultimate outfall location of the drainage system (Public Services 11-22-04). Engineer of record must also identify water quantity component as well and hydraulic capacity of well. Please provide back up calculations. Also, bottom of slab for well is shown at E1 5.00 — top of well elevations is shown at E1 4.50. This yields approximately 6" of head over the well grate. Please provide back up calculations which ascertain that the allowable head will generate the necessary flow quantity to evacuate treated runoff. 7. Payment of park impact fees ($27,300) prior to issuance of a building permit. 8. Applicant to obtain written confirmation from City Attorney that parking and driveway areas relative to adjacent property have been dedicated to abutting property owners consisted with the site plan. 9. FDOT approval of driveway location (without need to modify turn lane mediums) required prior to issuance of building permit. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 O Development Application Cl Assignment of Flex/Reserve Units ❑ Delegation Request ❑ Land Use Change ❑ Outdoor Seating ❑ Plat ❑ Rezoning Date Rec'd: �l 0 ❑ Site Plan ❑ Special Exception Petition No.: V -srl•Qb ❑ Special Request ❑ Trafficway Waiver (C--X- VA - A Variance ❑ Vacation Request ❑ Other This application must be completed in full and submitted along with all necessary documents for it to be processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA UNTIL IT IS COMPLETE. Refer to the"Application Type"and "Required Documentation" checklist to determine the supplemental documents required with each application. STAFF WILL PROVIDE THE APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated In Individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the State of Florida, and other appropriate design professionals. The applicant of record or their authorized legal agent shall present projects to the pertinent board. 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. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. Location Address: �P+1(k Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): Legal Description: r��f� T -150 t4h , FziJ4 Present Zoning; hh (( �� _ d Present Land Use'V Explanation of Request: Prop. Net Acreage1CLf;Oia Gross Acreage:6.L259 Prop. Square Footage: Value of Improvement: Est'd Date of Completion: Will Project be Phased: N� If yes, Est'd Completion of each Phase: Existing Use: Proposed Use: ry)I'�I U m Name of Applicant/Consultant/Representative(circle one): hf) Address of Applicant: e _ Aj Business Telephone. -Qamome: Fax: Name of Property Owner: C(-Yv r 1,0 Address of Property Owner: �,/J�I e - �U Business Telephone. � z: ome: Fax: List any additional action (i.e. special exception, variance, rezoning, etc.) that may be needed to support the proposed project: List all previous action that has occurred on this property: NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. Sworn t and sub lbed bef re me Applicant/Co Itant/R�esentative:daY 20� Signature: `^^ Date: 1 t t� o � U k- s Sign Name f ota Public (Print Name) State^of(, a (,� ) kL(.0 r!'2 rti ✓J �,��� stil Mint Name of Notary Street Address, City,State and Zip Code n� .Aft Pa,* Laurie Yoder .: Commission Expir• missloM-C-s9 108 �� - Seal: ` � Expires February os,'2ooa Telephone No. &Fax No. WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: This is to certify that I am the owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative)application. to make and file the aforesaid 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 Notar y Street Address, City, State and Zip Code Commission Expires: Seal: _ Telephone No. & Fax No. - O A P L 11 2) _LL hm 2ND PLA DA IANS NOF TH CON DO r- T SUBJECT PROPERTY SEA OAKS CONDO DANIA JAI ALAI DANIA PLACE VA-09-04 0 DANIANS =DANIANS SOUTH CONDO EAST DANIA.._BEACH.BLVD .. .__.. _ i I HOLL 00 --- --MANORS ANIA BE CHWAY 'ARK -� SHOPS PUBLIX SHOPS . i BLDG_B �2 Go WBR�OK - -- --- - the DANIA PLACE DANIA BEACH CONDOMINIUMS East Dania Beach Boulevard Dania Beach,Florida f BASE COLOR > Benjamin Moore—Delightful Golden Wit► 2158-30 ACCENT COLOR Benjamin Moore—Hawthorne fellow W❑ 2B Hawthorne yellow HC-4 . 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F... �� 1,..tf -F�: r J�,e .'�~+ 4 M� r•. .. .a^-, ._...r:v:...r.,u...i".`.-, u. ��•+:..ate.�.:.'..:....:..�..«- _s.=r.:.::' �o� LWATICO* gEf LZAMOM Pl.Ard . / yq (p' t u " t r s � � ,o•s � `� to li „,��f5 .r la a�"� „ �� t'�5 a ' ra d '� 01•e lm �' � �� r' fA 5 0 t � Y•' wxrt l.+'r'•t ��, of �al ."?,fr � ..� :� ..,� `v'�--��; .�Y,.7:. � `� 4 �^ �P � ' � } ' f.>i' �f 46'��';�. •r vj 7' 'ly 't '� �'. rY A rs 1,•i. ,�. -r',Y ' s ,�-'!' ` yAif a�c p .. '1 �"{° ►y � ;I� �'1 � � `�'�f� �1 T'�,n a �A ��:� r � �c•- -a 15 ROWA RD COUNTY PLANNING COUNCIL 115 SOUTH ANDREWS AVENUE, ROOM 507 • FORT LAUDERDALE, FLORIDA 33301 December 10, 2004 Joseph B. Kaller, President Joseph B. Kaller& Associates, P.A. 2417 Hollywood Boulevard Hollywood, Florida 33020 Dear Mr. Kaller: Re: Platting requirements for a parcel described as a portion of the Northwest'/<of the Southwest %4 of Section 35, Township 50 South, Range 42 East, in Broward County, Florida. This parcel is generally located on the north side of Dania Beach Boulevard,between Gulfstream Road and Fronton Boulevard, in the city of Dania Beach. This letter is in response to your correspondence regarding the Broward County Land Use Plan's platting requirements for a proposed 9-unit multi-family residential development on the above referenced parcel. Planning Council staff has determined that platting is required by Section D.2, Chapter IV,of the Broward County Land Use Plan for the proposed residential development. As per the criteria of Section D.2, platting is required for the issuance of building permits when T constructing a non-residential or multi-family building, unless all of the following conditions are met: f a. The lot or parcel is smaller than 5 acres, b. The lot or parcel has been specifically delineated in a recorded plat, C. All land within the lot or parcel which is necessary to comply with the County Trafficways Plan has been conveyed to the public by deed or easement; and d. The proposed development is in compliance with the applicable land development regulations. TELEPHONE: 954.357.6695 • FAx:, 954.357.6685 World Wide Web: kttp://www.co-6,oward.Fl.us/plinningcouncil Joseph B. Kaller ' = December 10, 2004 Page Two With regard to the above referenced parcel,the parcel containing the proposed developmentdoes not meet the "specifically delineated" requirement. A lot or parcel which has been specifically delineated in a recorded plat is one which can be described solely by reference to a plat and one or more identifying numbers such as a block and lot number. For example,Lot 5,Block 3,of John Doe Subdivision, as recorded in Plat Book 7, Page 48, is a specifically delineated lot. The contents of this letter are not a judgment as to whether this development proposal complies with the Broward County Trafficways Plan, permitted uses, local zoning, other land development regulations or the development review requirements of the Broward County Land Use Plan, including concurrency requirements. If you have any additional questions regarding. the Broward County Land Use Plan's platting requirements,please contact Deanne Von Stetina, Senior Planner, at your convenience. Respectfully, Henry A. Sniezek,AICP Executive Director HAS:DDV cc: Ivan Pato, City Manager City of Dania Beach Laurence G. Leeds, Director, Growth Management Department City of Dania Beach COW NITY ASSOCIATION MANAGEMENT PO. BOX 501 ' DANIA BEACH, FLORIDA 33004 TEL: (954)922-3122 FAX: (954)921-5457 E-MAIL:MPMJIM@AOL.COM Joseph B. Kaller& Associates 2417 Hollywood Blvd. Hollywood Florida 33020 Dear Mr. Kaller; This letter is to follow up on the memo sent on July 10,2003. The Board of Governors has approved of the project your clients plan to build on east of The Danians Clubhouse property on East Dania Beach Boulevard. The approval is only for the subjects mentioned at the last meeting,and to the drawings given to the Board of the proposal thus far. This would include the five feet on the west side of their property being legally deeded to the Danians and the roadway existing also being deeded to the Danians. Also the entire project would be fenced in with a material similar to vinyl or concrete, no wood, and maintained by the owners. Again,I remind you there is a problem that has come up recently with F.D.O.T. wanting to close some medium openings that now exit and closing some east west driving lanes and putting on street parking. The Board of Governors does not approve of the new plan, and they have already signed off on another plan presented earlier by the city, approved by the F.D.O.T.. Please let us know if your plans change,we have put the plans you gave us on display at the Clubhouse for the owners to look at, so we would need an update for any new or different. Also I would like the name and phone number of your clients Attorney for our file. Thank you for your prompt attention to this matter. Sincerely, W Malon4forBoard of Governors,Danians Condominium August 6,2003 dan.kaller.8.03 JO.ItFt 5. KALLER b ABaIATU PA. ARCNRCTURE • INRRIOU• PLANNING May 111 2003 City of Dania Beach Growth Management Department 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Attn: Ms. Corinne Church Principal Planner Re: Dania Condominiums East Dania Beach Boulevard Dania Beach,Florida Dear Corinne: We are proposing to place "light shields" at all pole light fixtures,which would control the light spillage of.5 foot candles at abutting property lines. • Revised Plans will be subsequently submitted for your review and perusal. Should you have any questions, please feel free to call my office. Sincerely, Joseph B. K Ae iates, P.A. os h B. Kal President 2417 HOLLYWOOD BOULEVARD HOLLYWOOD, FLORIDA 33020 PHONE: 954/920-5746 • EMAIL: KALL'ER@BELLSOUTH.NET • FAX: 954/99(,_)R41 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 0 0 C- �1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O OO (OO (D 6 IT* (OO (� 0 0 LO 0 N 0 0 0 %n a a 0P- mm0hN0a (3) (DC7Ln O NN qt- . Ncn0 (DVn0In0MN1- 0) P- Q' c7a0CD6% M .- O V► V► V!Vf Vi to 6% Vi b9 69 b* N 44 N 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o O O O O O O O O O o O o o O O o 0 O O o 000 J Lo LoLn (nN000r- 0N0Nhf WQr- 01- CIO 'aC6 60 C C,4m NNN - NNN • NN (A(Ab9ENV 6lk16% '- 69Nf0 O b9 Vl 6%d�V!V►V! to ff!VA 6% 64 V► 64 F- . N y � tA � e- Il- tnr- N ? (DtDcO (D'() Gof- GGONQOj Uj � � � � C, MZ N Q .7' WOOWw0000WwO000wW W0000000 (O } ZZ } y, ZzzZ } } ZZZZ } }. } ZZZZ .ZZZ y Z O 0 J 2 Co Z Z � z . 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Slater Real Estate Services 128 N. Dixie Highway Hollywood, FI. 33020 954-923-1425 800-927-1425 Fax 954-367-3405 www.BROWARDAPPRAISERS.com Gary W Smith Professional Licenses: *Licensed Broker Realtor State of Florida *State Certified General Real Estate Appraiser; RZ000950, State of Florida *Licensed Community Association Manager Brief Educational Histo[Z *Graduate of Florida State University; School of Business *Graduate of the Realtor Institute Alberta Lynch Professional Licenses: *State Registered Assistant Real Estate Appraiser, R19028, State of Florida *Licensed Real Estate Salesperson Brief Educational History: *Graduate of Florida International University, B.S. Exercise Physiology *Gold Coast School of Real Estate Appraisal Procedures & Principles USPAP Real Estate IWSTATE OF FLORIDA AC#0 6 0 6 8 5 9 STATE OF FLORIDA AC#0 5.6 2 4 4 6 BPARTMENT OF BUSINESS AND ..' DEPARTDMNT OF BUSINESS AND PROFESSIONAL REGQLATION PROFESSIONAL:REGULATION RZ950 09/19/02 ,200119927 RI9028 08/30/02 758232423 CERTIFIED GENERAL APPRAISER REG ASSISTANT APPRAIS932 . SMITH, GARY.W i LYNCH, ALBERTA IS CERTIFIED under the provisions*f Ch.475 se. i HAS REGISTERED under the provis ions of Ch.475 18 8apirotiondatei NOV 30, 2004 9tQ NL02091904808 i Expiration date NOV 30, 2004 529 OL02003000072 4 RESOLUTION NO. 2005-050 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER,ARCHITECT, ON BEHALF OF JOHN GRENIER,FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 9.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Joseph Kaller,Architect,representing John Grenier, has applied for site plan approval for the proposed construction of 9 condominium units, for property generally located on the north side of Dania Beach Blvd., east of the Danians Condominium Clubhouse,fronting Dania Beach Boulevard; and WHEREAS,the Planning&Zoning Board on February 16,2005 recommended that the City Commission grant the site plan request(SP-06-02),based upon the criteria set forth in Section 8.4 of Article I of Chapter 8 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 (SP-06-02) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1. Provide recorded copy of plat prior to issuance of a building permit (Planning 1-25-05). 2. Provide a recorded deed restriction limiting development to 9 condominium units prior to issuance of a building permit (Planning 1-25-05). 3. Prior to issuance of a building permit, applicant shall submit condo documents containing reasonable rental restrictions (duration and frequency) approved by city staff. 4. Applicant will have to submit a tree removal and relocation permit prior to issuance of any building permits (Landscaping 11-14-04). 5. Hydrant placed as requested—FDC will be on system side of backflow preventor(Fire Marshal 11-15-04). 6. Since only water quality is proposed, please verify whether this project is part of u existing surface water management permit and identify the ultimate outfall location of the drainage system (Public Services 11-22-04). Engineer of record must also identify water quantity component as well and hydraulic capacity of well. Please provide back up calculations. Also, bottom of slab for well is shown at E 1 5.00—top of well elevations is shown at E 1 4.50. This yields approximately 6"of head over the well grate. Please provide back up calculations which ascertain that the allowable head will generate the necessary flow quantity to evacuate treated runoff. 7. Payment of park impact fees ($27,300)prior to issuance of a building permit. 8. Applicant to obtain written confirmation from City Attorney that parking and driveway areas relative to adjacent property have been dedicated to abutting property owners consisted with the site plan. 9. FDOT approval of drivewaylocation without nee ( d to modify turn lane mediums)required prior to issuance of a building permit. 10. Make sure that the lights around the pool area have a shield or style that protects the south side bedroom windows in building 3 of the Danians Condominium, the closest building to the pool area. It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8,of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 18 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are 2 RESOLUTION#2005-050 repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately uponpassage and adoption. PASSED AND ADOPTED on April 26, 2005. — 0,,,,, CX.L. ANNE CASTRO MAYOR—COMMISSIONER A ST: ROLL CALL: COMMISSIONER ANTON- YES COMMISSIONER BERTINO—RECUSED LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY- YES MAYOR CASTRO—YES APPROVED AS TO FORM AND CORRECTNESS: BY: TIHM�A_AJAkSB R CITY ATTORNEY r 3 RESOLUTION#2005-050 RESOLUTION NO. 2005-049 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALLER,ARCHITECT,ON BEHALF OF JOHN GRENIER, FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, 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 28, prescribes the city's sign regulations; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "District Regulations",Article 5 "Supplementary Lot Regulations" and Article 29, "Pervious and Impervious Areas" sets the lot, yard and bulk regulations for the City of Dania Beach; and WHEREAS,Joseph Kaller,Architect, on behalf of John Grenier,has applied for variances (VA-:09-04 and VA-40-03) to allow the following: VA-09-04—Variance request: l. To allow a wall sign for a property with less than 300 feet of street frontage; 71 feet of street frontage provided, per Article 28, Section 28.095(a)of Chapter 28. VA-40-03—Variance request: 2. To allow a 15' east setback and 18' west setback; 55/25 side setback required, per Section 4.202 of Chapter 28. 3. To allow a catwalk to protrude approximately 9.5' from the building;4' permitted,per Section 5.32(a) of Chapter 28. 4. To allow a balcony 7.83' wide; 4' permitted, per Section 5.32(a) of Chapter 28. 5. To allow a 15' west canopy setback; 25' required, per Section 4.202 of Chapter 28. 6. To waive the 40% pervious area requirement; for property generally located on the north side of Dania Beach Blvd., east of the Danians Condominium Clubhouse, fronting Dania Beach Boulevard, Dania Beach; and WHEREAS, the Planning & Zoning Board on February I6, 2005, recommended that the City Commission grant variance requests VA-09-04 and VA-40-03,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 TEE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-40-03 and VA-09-04,for variances as described above from requirements in Chapter 28,"Zoning",Article 28"Signage"and Chapter 28,"Zoning", Article 4, "District Regulations", Article 5 "Supplementary Lot Regulations" and Article 29, ""Pervious and Impervious Areas",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. Provide recorded copy of plat prior to issuance of a building permit (Planning 1-25-05). 2. Provide a recorded deed restriction limiting development to 9 condominium units prior to issuance of a building permit(Planning 1-25-05). 3. Prior to issuance of a building permit, applicant shall submit condo documents containing reasonable rental restrictions (duration and frequency) approved by city staff. 4. Applicant will have to submit a tree removal and relocation permit prior to issuance of any building permits (Landscaping 11-14-04). 5. Hydrant placed as requested—FDC will be on system side of backflow preventor(Fire Marshal 11-15-04). 6. Since only water quality is proposed, please verify whether this project is part of an existing surface water management pen-nit and identify the ultimate outfall location of the drainage system (Public Services 11-22-04). Engineer of record must also identify water quantity component as well and hydraulic capacity of well. Please provide back up calculations. Also, bottom of slab for well is shown at E 1 5.00—top of well elevations is shown at E 1 4.50. This yields approximately 6"of head over the well grate. Please provide back up calculations which ascertain that the allowable head will generate the necessary flow quantity to evacuate treated runoff. 7. Payment of park impact fees ($27,300) prior to issuance of a building permit. 2 RESOLUTION #2005- 8. Applicant to obtain written confirmation from City Attorney that parking and driveway areas relative to adjacent property have been dedicated to abutting property owners consisted with the site plan. 9. FDOT approval of driveway location without need to modify turn lane mediums required prior pp Y � fY ) 9 to issuance of a building permit. 10. Make sure that the lights around the pool area have a shield or style that protects the south side bedroom windows in building 3 of the Danians Condominium, the closest building to the pool area. And the following site limitations: a) • This project will provide an 80 — 100 foot separation to any adjacent apartment building. b) Excluding the sign variance, all variance requests relate to the east and west side of the building. The site abuts a shopping center to the east and a condominium recreation center parking lot to the west. c) This development parcel is a very narrow parcel (71 feet) thus limiting the size of the apartment building. 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 26, 2005.0"' ' 4 ;� ANNE CASTRO MAYOR— COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON- YES COMMISSIONER BERTIN• —RECUSED LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FO AND CORRECTNESS: BY: THO AS '. NSBRO CITY ATTORNEY 3 RESOLUTION #2005-