HomeMy WebLinkAboutR-2005-022 J&J Properties variance vua RESOLUTION NO. 2005-022
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY HARRY HIPLER,ESQUIRE,ON
BEHALF OF BRUCE KODNER AND J & J PROPERTIES, FOR VACANT
PROPERTIES GENERALLY LOCATED TO THE NORTH OF 34 SE 1 IT
AVENUE, DANIA BEACH FROM CHAPTER 26, "VEGETATION", ARTICLE
VI,"LANDSCAPING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article VI,
states that a minimum of 20% interior vehicular landscaping is required within the City of Dania
Beach; and
WHEREAS, Harry Hipler, Esquire, on behalf of Bruce Kodner and J & J Properties, has
submitted a variance request(VA-69-04)to provide 19%interior landscaping for the vehicular use
area for vacant property located to the north of 34 SE 1 S`Avenue, Dania Beach; and
WHEREAS,the Planning&Zoning Board on January 19,2005,recommended that the City
Commission grant the variance request(VA-69-04)based upon the criteria set forth in section 10.13
of Article 10, of Chapter 28, "Zoning", of the City Code of Ordinances;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That application (VA-69-04), for a variance as described above (from the
requirements in Chapter 26,"Vegetation",Article VI,"Landscaping"),a copy of which is attached as
Exhibit"A" is approved, with the following conditions:
1) Applicant must show on survey all encumbrances identified in Broward
County Public Records by April 1, 2005, or issuance of parking lot permit,
whichever occurs first.
2) Applicant must provide a Unity of Title (approved by the City Attorney)
combining lots 10, 11, 13, 14 and 15 by April 1,2005,or issuance of parking
lot permit, whichever occurs first.
3) Applicant must complete construction of parking lot and landscape plan
(including irrigation) by July 1, 2005.
4) Two parking spaces near the landscape area, to be pervious block.
5) The pending code violation will be dismissed upon completion of above
conditions.
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repealed to the extent of such conflict.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 February 9, 2005.
Y -
C.K. M EYE
MAYOR-COM ISSIONER
ATTEST: . ROLL CALL:
,-1 COMMISSIONER ANTON- YES
COMMISSIONER CHUNK- YES
LOUISE STILSON COMMISSIONER FLURY- YES
CITY CLERK VICE-MAYOR MIKES- YES
MAYOR MCELYEA- YES
APPROVED AS O RM AND CORRECTNESS
l �11
BY: '
THOM S A�1SBRO
CITY ATTORNEY
i
2 RESOLUTION #2005-022
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
W
AGENDA ITEM NO.
_%o
1. DATE OF COMMISSION MEETING: FEBRUARY 9, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA•69-04
(J &J PROPERTIES)
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION®
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request by Harry Hipler, Esq., on behalf of Bruce Kodner and J &J Properties, for
vacant properties located to the North of 34 SE 1 Avenue. The applicant requests a variance to
provide 19% interior landscaping vehicular use area. (Chapter 26, Vegetation,Article IV
Landscaping states that a minimum of 20% is required).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Resolution
Staff Report
Comment Sheets
Application
Public Hearing Notice
Mailing List
Location Map
Survey
Site Plans
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date: January 25, 2005
Community Development Department
City Manager Date
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: February 9, 2005
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director C. C
FROM: Corinne Church, AICP, Principal Planner��
SUBJECT: VA-69-04: The applicant, Harry Hipler, Esq., on
behalf of Bruce Kodner & J&J Properties, is
requesting a waiver to provide 19.2% pervious area,
where 20% is required for a property located at first
and second vacant lot north 34 SE 1 Avenue (lot 13,
14 & 16 block 23).
VARIANCE
• To provide 19.2% pervious area within the vehicle use area; 20% is
required.
The subject property has received a violation from Code Enforcement regarding
the existence of a gravel parking lot. The applicant is proposing to pave the
gravel lot in conformance with the City's Zoning Code.
The parking lot supports the commercial buildings at 11-19 South Federal
Highway. The proposed paved parking lot will provide 25 parking spaces for the
existing commercial building to the north, an enclosed dumpster location and
one loading space.
The City's Landscape Consultant reviewed the plans and has noted that the plant
quality proposed by the applicant exceeds code, is diverse and will increase the
aesthetics of the site.
Staff members from various departments have reviewed the submitted plans and
have made comments. The following items must still be addressed by the
applicant:
1. Survey must show all encumbrances identified in Broward County public
• records. Revise surveyor's note number 2 to reflect this information as
identified on the City's Submittal Checklist (Planning).
2. Provide a recorded unity of title combining lots 10, 11, 13, 14 & 16
(Planning).
PLANNING AND ZONING BOAR® RECOMMENDATION
Approval, subject to staffs conditions.
STAFF RECOMMENDATION
Approval, subject to the following conditions:
1. Applicant must show on survey all encumbrances identified in Broward
County Public Records by April 1, 2005, or issuance of parking lot
permit, whichever occurs first.
2. Applicant must provide a unity of title (approved by the City Attorney)
combining lots 10, 11, 13, 14 & 15 by April 1, 2005, or issuance of
parking lot permit, whichever occurs first.
3. Applicant must complete construction of parking lot and landscape
plan (including irrigation) by July 1, 2005.
4. The pending code violation will be dismissed upon completion of all
three conditions.
•
i
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
• L*_F,
ROUTING SHEET
Route Date: 2/17/2004 i-77' -- -�
-...----------___-, PZ Log: VA769-04._..___-_
Project: J &J PROPERTIES (BRUCE KODNER) Folio: 5042-34-01-3400
i j
_,,... --------------
Route Via: Mail ❑ Pickup: In-house:
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. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
L Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church
Public Service: Fernando Vaquez ❑ Landscape Consultant
Approved as submitted: j Denied:
J Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions: FoX V1910 CC AS F8Q0EST&,D aNLY
i
I
i
Signature
Print Name
Date
i
CITY OF DANIA BEACH
• COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 2/17/2004
PZ Log:
Project: J &J PROPERTIES (BRUCE KODNER) Folio: 5042-34-01-3400
i
Route Via: Mail ❑ Pickup: ❑ In-house:' 7v
M.
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. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
❑ Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church
Public Service: Fernando Vaquez ❑ Landscape Consultant
pproved as submitted: ❑ Denied:
❑ Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions:
--------------------
Sig re '
-------------------
Print Name
• It
lo�
Date
CITY OF DANIA BEACH
. COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 2/17/2004
............. PZ Log:
Project: J &J PROPERTIES (BRUCE KODNER) Folio: 5042-34-01-3400
Route Via: Mail ❑ Pickup: ❑ In-house:
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. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
❑ Fire Marshall: Ed Tarmey 7 Planner: Corinne Church
• ❑ Public Service: Fernando Vaquez ❑ Landscape Consultant
❑ Approved as submitted: ❑ Denied:
Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to
List conditions:
Signature
Print Name
Date
J & J Properties 12-20-04
VA-69-04
• Planning Comments
Corinne Church, (954)924-3704
1. Survey must show all encumbrances identified in Broward County public
records. Revise surveyor's note number 2 to reflect this information as
identified on the City's Submittal Checklist.
2. Provide unity of title combining lots 10, 11, 13, 14 & 16.
3. Provide mounted signage and painted sign on concrete to indicate loading
zone. Provide sign detail.
4. Variance needed to waive the minimum 20% of VUA in landscaping.
5. 3 light fixtures identified on Sheet SE-1; 1 light fixture detail provided.
Clarify.
6. Provide FDOT approval for proposed curb cut on US1.
1
•
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: 2/17/2004 9
PZ Log: VA-69-04_
Project: J&J PROPERTIES(BRUCE KODNER) Folio: 5042-34-01-3400
i
t
Route Via: Mail ❑ Pickup: E./I In-house: ❑
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. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
!] Fire Marshall: Ed Tarmey ❑ Planner: Corinne Church
Public Service: Fernando Vaquez V:] Landscape Consultant
Approved as submitted: —! Denied:
❑ Comments must be addressed and ❑ Approved with conditions:
resubmitted prior to City Commission
List conditions: et tt
�qAA n ^�
Signature
rp
�LI _
Print Name
Da
December 22,2004
TO: Larry Leeds,Director
Corinne Church,Planner
FROM: Patti Hoot-McLeod
Landscape Consultant
RE: Bruce Kodner ADA Compliance Plans
1) Section 26-17 License application for tree removal/relocation
N/A
2) Section 26.51.Landscape requirements for perimeter areas(1)tree for every 40 lineal
feet or fraction thereof measured along such abutting right-of-way
572 feet
15 trees required 19 trees provided
3) Section 26.48.Interior landscaping for all vehicular use areas, 20%of V.U.A.excluding
required perimeter landscape buffers(1)tree for every 200 square feet.
14550 square feet @ 20%=2,910 square feet of landscape
15 trees required 18 trees provided(includes coconuts)
4) Section 26.49 Non-vehicular use area:use table:(1)tree per 3500 square feet
15 trees required 56 provided
5) Section 26.51.Perimeter landscape requirements for business,commercial and
industrial properties. (1)Tree for every 40 feet and a row of hedges
Trees noted above and shrub requirements meet
Site totals
Trees required: 30 trees required 37 provided
Shrubs required Continuous around perimeter and in parking lot
Provided in excess of code requirement
Tree and shrub requirements exceeds code requirements
Changes that need to be made on the plan for review approval
9 None*the plan is acceptable as submitted,the plant pallet is diverse and the overall aesthetics
will be a compliment to the site. **
Respectfully submitted,
Patti Hoot-McLeod
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 NOV 16 2'' 4
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.: VA-6q -oZj-
❑ Special Request
G 'e rafficwlay Waiver
XVariance
❑ Vacation Request
Other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND
SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the "Application Type" 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
0 hearing. Their failure to attend may impact upon the disposition of your application. As
always, the applicant Qr their aylthorized legal agent must be present at all meetings.
Location Address: 2
Ve) plot - 2 o Z.3 0 ;M_5
Lot(s): Block: S bdivision:
Recorded Plat Name: 1-6 W tt\ y 6LVP`#-
Folio Number(s): _ Q i�Q
Legal Description:
Applicant/Consultan egal Re ntative (circle one)
Address of Applicant: re ! / Z
Business Telephone: Home: _ Fax:
Name of Property Owner: -j 'C .
Address of Property Owner: �-
V0
Business Telephone: Home: Fax: _
Explanation of Request: ot�
• Prop, Net Acreage: Gross Acreage: Prop. Square Footage:
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative)
• to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
4
l
This Lfday of 20 —
Signature:
Date:
(Print Name
ign Na e o Nota P )Ij (Print Title)
State of
q
Print N R OMMISSION#DD 22m Street Address, City, State and Zip Code
1.. SIRES:Novertbw 1 2007 �^ ,^Q q g Q ?
Comm Nu�r Put*use „ ' ()' J �'J ! /
Seal: Telephone No. &Fax No.
6 i , sg s - 993-` 7 FAQ
• JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This day of 20
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
**Each partner must sign. Attach duplicate sheets as required.
P HM"LL F. KELLER,A I A PA
PHONE N0. : 954 564 092E
Nov. 01 2004 06: 10PM P2
• ran
dal y . eoler,
Registered Architect
OCTOBER 29, 2004 t7a� f
CORINNE CHURCH ., .
PRINCIPAL PLANNER
CITY OF DANIA BEACH ' �°•Y
100 WEST DANIA BEACH BOULEVARD
DANIA BEACH, FLORIDA 33004
RE: J & J PROPERTIES OF BROWARD, INC.
(BRUCE KODNER), 11 TO 19 SOUTH FEDERAL HWY
CITY OF DANIA BEACH, FLORIDA 1 f
CODE ENFORCEMENT BOARD CASE NUMBER 04-0052
DEAR MS. CHURCH:
MY OFFICE TRIED TO MAKE A SECOND APPOINTMENT WITH YOU TO
REVIEW A PROPOSED PARKING LOT PLAN PER REFERENCED ENDEAVOR. YOU
TOLD MY OFFICE THAT YOU SUGGESTED THAT I JUST SUBMIT THE DRAWINGS
WITH THE VARIANCE REQUEST. WE HAVE TWO CHOICES IN REGARDS TO THE
VARIANCE REQUEST AS FOLLOWS:
1) EITHER ASK FOR A VARIANCE REQUEST FOR ONE LESS
REQUIRED PARKING SPACE (25 REQUIRED).
2) OR ASK FOR A VARIANCE REQUEST FOR 0.8 PERCENT LESS
INTERIOR LANDSCAPING (20 PERCENT REQUIRED AND ONLY
19.2 PERCENT CAN BE PROVIDED IN WE PROVIDE A TOTAL OF
25 PARKING SPACES).
WE CAN EITHER DELETE ONE PARKING SPACE THUS FALLING ONE
PARKING SPACE BELOW THE 25 REQUIRED IN ORDER TO ACHIEVE THE
MINIMUM 20% INTERIOR LANDSCAPING REQUIREMENT, OR KEEP THE 25
PARKING SPACES (REMEMBER THAT THE ADA SPACE WITH ACCESS AISLE
TAKES-UP TWO TRADITIONAL PARKING SPACES) OR KEEP THE 25 SPACES AND
BE 0.8 PERCENT DEFICIENT ON INTERIOR LANDSCAPING WHERE 20%
REQUIRED (CAN ONLY ACHIEVE 19.2%).
PLEASE NOTE THAT WE ARE PROVIDING A FULL SFWM DESIGN
CRITERIA ENGINEERED PRIVATE, ON-SITE STORM WATER COLLECTION AND
DRAINAGE SYSTEM,
999 East Oakland Park Blvd, Ft. Lauderdale, Florida 33334 (954)566-8717
. Member American Institute of Architects
`^""^�� r• KtLLER,AIA PA
PHONE NO. 954 564 0926
Nov. 01 2004 06:09PM Pl
• TO THIS END, ATTACHED IS AN AUTOCAD COPY OF THE PROPOSED
PARKING LOT FOR YOUR REVIEW, MR. KODNER WOULD PREFER THAT THIS
MATTER NOT INVOLVE THE COSTLY AND TIME CONSUMING EFFORTS
REQUIRED TO APPLY FOR AND SECURE A VARIANCE REQUEST OVER
SOMETHING WHICH MAY BE BETTER HANDLED ADMINISTRATIVELY. MR.
KODNER IS WILLING TO "MITIGATE'AT AN ADMINISTRATE LEVEL AND POSSIBLY
THROW IN SOME LARGER LANDSCAPE MATERIALS AT TIME OF INITIAL
PLANTING THAN REQUIRED BY CURRENT ZONING ORDINANCES TO MAKE UP
FOR THE 0.8 PERCENT INTERIOR LANDSCAPE SHORTFALL.
I AM RELUCTANT TO COMPLETE THE FULL AND COMPLETE PARKING LOT
DRAWINGS WHICH INCLUDE LIGHTING, DRAINAGE, AND LANDSCAPE UNTIL WE
HAVE RESOLVED THIS BASIC LAYOUT SINCE. A VARIANCE REQUEST MAY
CHANGE THE END PLAN ONE WAY OR THE OTHER.
PLEASE CALL ME AT (954)566-8717 ONCE YOU HAVE REVIEWED THE
ATTACHED PARKING LOT PLAN.
THANKING YOU IN ADVANCE FOR YOUR CONTINUING COOPERATION IN
THIS MATTER, I REMAIN...
YOUR VERY TRULY,
R.F. KELLER, AIA
FLORIDA REGISTERED ARCHITECT#AR0006663
PRESIDENT
RANDALL F. KELL.ER, AIA, PA
'ENCLOSURE. BLUE PRINT OF PROPOSED SITE PLAN
CC: BRUCE KODNER WITH ENCLOSURE
HARRY HIPLER WITH ENCLOSURE
•
i
•
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida
municipal corporation CASE # 04-0052
PLAINTIFF, FINAL ORDER
vs.
J & J PROPERTIES OF BROWARD INC.
® DEFENDANT
SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEflAENT B
OARD
This proceeding came on for Formal Hearing on September 7, 2004, after notice
Upon the evidence presented, the Board makes the following findings of fact:
a• The board has jurisdiction of the Defendant and the subject matter of this action;
and
b• At a Formal Hearing on May 3, 2004, the Code Enforcement Board determined
that Defendant, J & J Properties of Broward Inc., did allow the following code violation
to exist at property Defendant owns located at 2"d vacant lot north of 34 SE
Dania Beach, Florida, which property is legally described as: TOWN OF 1 Avenue,
DANIA 8-49 D
LOT 13 BLK 23 (# 0234 01 3400) :
1 Chapter 28; Zoning; Chapter 33 Zoning Appendix; Article V. Off-
Requirements. Sec. 33-211 Area to be hard-surfaced. The area reservedStreet Parking
• for off-street
FINAL ORDER
#04-0052
PAGE 2
parking shall be hard-surfaced. Where the parking area is hard-surfaced
• consist of good rolled rock base, well the same shall
accordance with the paving specifications o tamped, and topped with asphaltic concrete in
f the City of Dania Beach. Defendant did
install or allowed to be installed, a rock and dirt parking lot on subject
Prope to remove all rock and dirt o�apply for and obtain site plan approval for a pa to
according to the paving specifications of the City of Dania Beach, a parking lot
Upon consideration thereof, the motion was made and carried. It is thereupon
upon
1• Defendant, J & J Properties of Broward Inc.:
(a) has been found to be in violation of the above described code se
ctionparagraph b.0). A fine of $125.00 per day was scheduled to begin running listed in
from the date this order was signed by the Chairperson of the Board. The original
60 days
was signed on June 3, 2004. riginal order
(b) At the Formal Hearing on September 7, 2004, the City of Dania B
Enforcement Board has granted Defendant' request for extension on im o each Code
fine until October 31, 2004. p sition of the
• (c) Except as expressly amended herein this board's order in this case signed June
3, 2004, shall remain in full force and effect.
OR ERED at Dania Beach, Broward
County, Florida, this
of day
2004.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By.
Richard Bettor, hairperson
Sworn and subs *bed before me this
�_ day of 2004.
NO ARY PUBL SATE OF FLORIDA
Richard Bettor is personally known to me.
• Return to: Patricia Varney, Finance Director .►°"^v Gloit i Brandes
City of Dania Beach My commission D0I87250
00 W. Dania Beach Blvd. ►aEgww My 10,2o7
Dania Beach, FL 33004
FINAL ORDER
#04-0052
PAGE 3
• CERTIFICATE OF SERV[CE
1 CERTIFY that a copy of the foregoing Final Order was iled to the Defendant J & J Properties of Broward Inc., this Ap
2004. day of ,
CERTIFIED MAIL 7003 3110 0000 8260 0849
COD NFORCE NT
ARD CLERK
APPROVE S TO FORM AND CORRECTNESS
TIM RYA , SPECIAL CI ATTORNEY
•
xc: Harry Hipler, Professional Association, 215 N. Federal Highway, P. O.
Box 216,
Dania Beach, FI 33004 Certified Mail 7003 3110 0000 8260 0856
Also sent first class mail
• Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Ih:
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida
municipal corporation CASE #04-0053
PLAINTIFF, FINAL ORDER
vs.
J & J PROPERTIES OF BROWARD INC.
DEFENDANT
SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEM
ENT ROAR®
This proceeding came on for Formal Hearing on September 7, 2004
Upon the evidence presented, the Board makes the following findings ' after notice.
ac
a. The board has jurisdiction of the Defendant and the subject matter of t:
and this action;
b. At a Formal Hearing on May 3, 2004, the Code Enforcement Band determined
that Defendant, J & J Properties of Broward Inc., did allow the following to exist at property Defendant owns located at 1st vacant lot north of code violation
SE
Dania Beach, Florida, which property is legally described as: TOWN A 1 Avenue,
F
LOT 16 BLK 23 (# 0234 01 3430) : OF DANIA B-49 D
1• Chapter 28; Zoning; Zoning Chapter 33 p 9 Appendix; Article V. Off-Street Parking
Requirements. Sec. 33-211 Area to be. hard-surfaced. The area rese
rved for off-street
FINAL ORDER
#04-0053
PAGE 2
parking shall be hard-surfaced. Where the parking area is hard-surfaced the same
consist of good rolled rock base, well tamped, and shall
accordance with the paving specifications of the City
with asphaltic concrete in
install or allowed to be installed, a rock and dirt Clty of Dania Beach. Defendant did
to remove all rock and dirt or I for and obtain lot on subject property. Failure
-- UPP y site plan approval for a parking lot
according to the paving specifications of the City of Dania Beach.
Upon consideration thereof, the motion was made and carried. It is, thereu on
ORDERED: p
1• Defendant, J & J Properties of Broward Inc.:
(a) has been found to be in violation of the above described code section listed paragraph b.0). A fine of $125.00 per day was scheduled to begin runnin 60 to
from the date this order was signed by the Chairperson of the Board. The g days
was signed on June 3, 2004. original order
(b) At the Formal Hearing on September 7, 2004, the City of Dania Beach Code
Enforcement Board has granted Defendant' request for extension on imposition of
fine until October 31, 2004. the
• (c) Except as expressly amended he
rein this board's order in this case signed June
3, 2004, shall remain in full force and effect.
O ERED at Dania Beach,of Broward County, Florida, this
JOO day
, 2004.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:
*ichaArd 10or, Chairperson
Sworn and sub cribed before me this
U_ day of 2004.
NO ARY PUBLI SATE OF FLORIDA
Richard Bettor is personally known to me. ,
Return to: Patricia Varney, Finance Director 40AN G CWWA.►0000 �0
City of Dania Beach �WW io,2001
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#04-0053
PAGE 3
. CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant
J & J Properties of Broward Inc., this v7� day of '
2004. ,
CERTIFIED MAIL 7003 3110 0000 8260 0863
COD ENFORCE NT BOARD CLERK
APPROVED AS TO FO M AND CORRECTNESS
4TIMRYANN, L CITY TTORNEY
•
xc: Harry Hipler, Professional Association, 215 N. Federal Highway, P. O. Box 216
Dania Beach, FI 33004 Certified Mail 7003 3110 0000 8260 0870
Also sent first class mail
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-69-04
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Wednesday, February 9, 2005, at 7:00 p.m., or as soon thereafter as possible, in the Dania
Beach City Commission Chambers, Dania Beach 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 request:
VA-69-04 - Request by Harry Hipler, Esq., on behalf of Bruce Kodner and J&J Properties, for vacant
properties located to the North of 34 SE 1 Avenue. The applicant requests a variance to provide 19%
interior landscaping vehicular use area. (Chapter 26, Vegetation, Article IV Landscaping states that a
minimum of 20% is required.)
The property is legally described as — LOTS 10, 11, 13 AND 14, BLOCK 23, LESS THE WEST 24
FEET OF LOTS 10, 11 AND 14, CONVEYED FOR ROAD RIGHT-OF-WAY, TOWN OF MODELO
(NOW DANIA), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK -13% PAGE
49, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; TOGETHER WITH LOT 16, IN
BLOCK 23, TOWN OF MODELO (NOW DANIA), ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK "B", AT PAGE 49, PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA.
Copies of the proposed request 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.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in
any of these 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 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
Publication Date: Friday, January 28, 2005
•
J&J Properties
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•
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Sun
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1 HOME I NEWS I SPORTS I ENTERTAINMENT I CLASSIFIED I BUSINESS I WEATHER I
CLASSIFIED January 31,2005
assified home
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CHANNELS Marked Ads
SOUTH FLORIDA NEWS Broward County Public Hearing Notices
Palm Beach County 1. NOTICE OF PUBLIC HEARING NOTICE IS
Miami-Dade County Mark Ad: 7
Florida HEREBY GIVEN that a public hearing will be held
Nation/World before the City Commission on Wednesday,
Elections February 9, 2005, at 7:00 p.m., or as soon
Cuba
Education thereafter as possible, in the Dania Beach City
Lottery Commission Chambers, Dania Beach Tma"ReaftIna•
Obituaries Administrative Center, 100 West Dania Beach
WEATHER Blvd., Dania Beach, Florida 33004, for the
Hurricane purpose of hearing any comments which might
Web cam be made to the following request: VA-69-04 -
SPORTS Request by Harry Hipler, Esq., on behalf of
Miami Dolphins Bruce Kodner and J&1 Properties, for vacant
'Fins Insider Report P �
Florida Marlins properties located to the North of 34 SE 1
Miami Heat Avenue. The applicant requests a variance to
Florida Panthers provide 19% interior landscaping vehicular use
Miami Hurricanes P P� 9
High school area. (Chapter 26, Vegetation, Article IV
College Landscaping states that a minimum of 20% is
doors required.) The property is legally described as -
-�=-. lots 10, 11, 13 and 14, block 23, less the west
BUSINESS 24 feet of lots 10, 11 and 14, conveyed for road
EDITORIALS/LETTERS right-of-way, Town of Modelo (now Dania),
SOUTH FLORIDA.COM according to the plat thereof, as recorded in Plat
Entertainment Book B, Page 49, of the public records of Dade
Events County, Florida; Together with Lot 16, in Block
Restaurants 23, Town of Modelo (now Dania), According to
Movies&TV the plat thereof, as recorded in Plat Book B, at
Music&Stage
Nightlife & Bars Page 49, public records of Dade County, Florida;
Florida Getaways land situate, lying and being in Broward County, FINDING THE CAR
Celebrity News Florida. Copies of the proposed request are YOU WANT FEELS
Horoscopes available for viewing in the Community
Attractions &Outdoors PRETTY G000.
Visitor's Guide Development Department, 100 West Dania
FEATURES SECTIONS Beach Blvd., Dania Beach, Florida between the
Lifestyle hours of 8:00 a.m. and 4:00 p.m., Monday -
Food Friday please call (954) 924-3645 for more
Home &Garden information. Interested parties may appear at
Travel
Books the public hearing and be heard with respect to m
HEALTH &SCIENCE -x the proposed petition. In accordance with the FIND THE A16HT
Americans With Disabilities Act, persons needing CAR FOR YOU:"
COMMUNITY assistance to participate in any of these
CONTESTS proceedings should contact Louise Stilson, City
Clerk, 100 W. Dania Beach Blvd Dania Beach
CORRECTIONS , ,
��R SERVICES��� FL 33004, (954) 924-3622, at least 48 hours
es prior to meeting. Any person who decides to
Cus Omer service appeal any decision made by the City
News by e-mail Commission with regard to any matter
httP://www.sun-sentinel.com/classified/genmerch/marked-ads-iSP 1/3 1/2 00 5
Classifieds: South Florida Sun-Sentinel
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 January 30, 2005
Publication Date:Jan. 30-30 UtQc HIM
MMiuPA
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FRAAICUM A.ADUIRRE,P.E.,P.L.S. toe r
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120034 0306 F 8-18-92 X N A
LRUAL DS5CRtPTaON:-
Lot 15,
Block 1, "WLST DAHIA HtIGHTS" according to the Plat 1
®
thereof as recorded in Plat Book 23, Page 49, of the Public
Records of Broward County. Florida. Lose the right of way of
Griffin load, being described as follows: Beginning at the South-
easterly corner of said lot 15; thence N 01°30' 47" W, along the
Sant ling of said lot 15, a distance of 22.39 feet
tto aaid a poinourve
t an
the arc of.a curve concave Northerly, a tang
ent boating S 88<'35' S4' W, theme Westerly along :aid curve having a
radius of 2244.53 teat, a cer•tral angle of O1°SI' 1D", for an are
distance of 74.56 feet to thr and of sold curve and the beginning `3
I a cnrvo concave Northeasterly having a tangent bearing of B lI°
32' 30" x; thence Southeasterly alon said curve hnvia9 a radius
Of 25.00 fast, a central angle at 7V02' 26" for an arc distance
of 34.49 fast to the end of said curve; thaoce N SB°2S' Oddis-
along the South line of said lot 15 (original lot line) a
tance of 49.97 feet to the pl,int of beginning.
NOTE: Sub]ect to the right to install and maintain guy wiro and
anchor 67 fast North Of the south lino and Six inches West of the
Sant ling of said lot 15 granted to Florida Power & Light Co, par
O.R. 924 P.217
HUGH PARR 6 SUE PARK; CITY FIRST MORTGAGE CORP.,a Florida Corporation,
it's successors and/or assignsr WILLIAM B. STERN, P.A.; THAT THEATTACHW
ATTORNEYS' TITLE INSURANCE FUND, INC-
1 HEREBY CERTIFY T OTRUE All
SKETCH F KMOWJWW AND BELIEF Oil DYED CESCA'DED
FLOTTto UNDER My RE6POKSISLE OIRBCTION AND THAT THERE ARE NO fABWgST OOR0UN0
As
gNCROACHMBMU LI LESS RHMN THEREON
L��y Op10A ADMINISTRATIVE CODE.EfFEGTIV!SEPTEMef�ij 1.1ia1•AS AMENDED.DECgaCBER ta8a
1 FURTHER C:RT1W:THAT 7Wa SURV7E$Y�MlETB THE,.,1NIMUM TlCWaGAI S ECTIv9Oa FOR SUNvlY6 l AS
TO 01CO s"los FLORIDA 8 A
UESAND ADOPTED IN D AT CA CHAP h l Z y g 1 Y$A_D.�Y Of 1 Y 6ROWARO COUNTY.FLOf11DA
-- NOTE:EXCEPT WHER!gPlCIfIEO HEREON O EGAL DE SMONXI
ON THE RECORDED PLAT IDENTIFIED IN THE IEOAL DESCRIP•
i ,s TION OF THE PROPERTY Fo TN18 SURVDY,NOBEARCH FOR
W�(!r aRANCBa NOR 904 T-OF-WAY OF R&OD"
F Q.AOUI E HAS Kim MADE.NO EXPRESSEDOR'I V=DETERIGHaT
TPe$ET) Of TITTLE,TO THE LAND DE6CRISlD.p MADE.
LAHO 9URy"OR"-W
"ATE OP FCORICA' 9Na
+ PROXCT
• 'F�tim ypCO A.AGUiRRP-RE.,P.L. FOR SrTII� SURVEY
CM ENGINEER•LAND SURVEYOii HUGH PARK 6 SUE PARK
Q 4M.G. f. 84THTERR. VIE,FL OB23
TEL(305)4711►0340 FAX 474'