HomeMy WebLinkAboutR-2005-074 Vickery Variance request RESOLUTION NO. 2005-074
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY CLARE VICKERY, APPLICANT,
REPRESENTING DORIS SINGER,PROPERTY OWNER,FROM CHAPTER 28,
"ZONING",ARTICLE 6.21,"OFF-STREET PARKING REQUIREMENTS",FOR
PROPERTY LOCATED AT 49 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, Clare Vickery, applicant, representing Doris Singer, property owner, has
applied for a variance (VA-13-05)to provide 17 parking spaces for a restaurant, dance studio, and
general retail use in an existing building located at 49 N. Federal Highway, Dania Beach; and
WHEREAS,the Planning &Zoning Board on April 20, 2005, recommended that the City
Commission grant variance request VA-13-05, 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-13-05, 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, subject to the following conditions:
1) Parking variance shall be limited to 36 months from issuance of a certificate of
occupancy.
2) No more than 60 customer seats shall be permitted regardless of restaurant floor area
size.
3) Dance classes shall be restricted to no more than 15 persons (14 students & instructor)
during weekdays.
4) Dance classes shall not be held between the hours of 11:00 am and 2:00 pm; Monday -
Friday.
5) Parking variance may be modified,extended for additional time,or made permanent only
by approval of the City Commission.
6) Applicant to submit letter agreeing to the following:
a. The temporary parking waiver does not confer any vested rights with respect to
restaurant use.
b. Applicant to use best efforts to enter into a shared parking access easement with the
adjoining property owners within 6 months.
c. Violation of any Conditions 1 - 4 days shall be considered a city code violation
subject to enforcement action.
d. Parking variance approval automatically expires within 36 months from issuance of a
certificate of occupancy.
e. Dumpster enclosure to be provided per City code.
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 May 10, 2005.
ANNE CASTRO
MAYOR—COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
Z�Lh( COMMISSIONER BERTINO—YES
LOUISE STILSON COMMISSIONER MCELYEA - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FO AND CORRECTNESS:
BY:
THOM � J IANSBRO
CITY ALTTORNEY
2 RESOLUTION #2005-074
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. •
1. DATE OF COMMISSION MEETING: MAY 10, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS—VA-13-05
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Clare Vickery, applicant, representing Doris Singer, property owner, is requesting a parking
variance to provide 17 parking spaces for a restaurant, dance studio, and general retail in an
existing building located at 49 N. Federal Highway. (Chapter 28, Zoning 6.21. Off Street
Parking Requirements, indicate that 72 parking spaces are required.)
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Letter from Applicant
Variance Application
Public Hearing Notice/ Location Map
Mailing List
Survey
Proposed Parking Spaces
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date: April 25, 2005
Community Development Department
City Manager Date
CITY OF DANIA BEACH
® COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: May 10, 2005
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
SUBJECT: VA-13-05: The applicant, Clare Vickery, is requesting a
parking variance to allow 17 parking spaces for an existing
commercial building, 72 spaces required, for a property
located at 47- 49 N. Federal Highway.
VARIANCE
To allow 17 parking spaces for an existing commercial building; 72 spaces
required.
SITE INFORMATION
ZONING: C-2
SPECIAL DISTRICTS: CRA/LAC
EXISTING BUILDING SIZE/HEIGHT: 6,485 sq. ft./Two floors
CURRENT USE: Retail
PROPOSED USE: Restaurant, Dance Studio, Retail
ANALYSIS
Because the building was built in the 1930's, it is non-conforming with respect to
parking. The applicant proposes to convert the first floor of the building to
retail/restaurant and the second floor of the building_to dance studio. Because the
proposed restaurant is a change of use, the entire building must comply with current
parking requirements.
The applicant proposes a 2,500 sq. ft. restaurant, 1,500 sq. ft. of retail space, and a
2,000 sq. ft. dance studio on the second floor. Dance studio is not specifically listed
in the parking code, therefore parking is based on the "personal service" requirement
of 1 space per each 250 sq. ft. of floor area. The same parking requirement is
currently applied to health clubs.
Collectively, 72 parking spaces are required for all uses. Applicant has offered to
restrict the restaurant to 100 seats. This would reduce total required parking to 52
spaces, still much more than the 17 on-site spaces. Applicant indicates "shared
parking" is available next door at the antique mall and paint store. Since there is no
recorded cross-access parking easement, availability is not guaranteed.
The applicant claims that 30% — 50% of restaurant customers will walk to the
restaurant and do not require parking. The applicant has provided no
® documentation that existing downtown restaurants operate in this manner.
Most evenings and weekends, on-street parking (25 spaces) and city hall parking
(30 parking spaces) are available. Weekdays, city hall is occupied, and nearby on-
street parking must be shared with other merchants and post office patrons. Lack of
parking will be noticeable weekdays, especially from 11 am to 2 pm.
RECOMMENDATION
Staff cannot support the parking variance as proposed. While sufficient off-site
parking is available evenings and weekends for a 100 seat restaurant, week-day
parking becomes inadequate once the restaurant occupancy exceeds 60 customers.
Staff can support a "temporary parking variance" for a trial period subject to the
following restrictions. The Planning and Zoning Board concurs with this
recommendation. The city will have to rely upon the property owner to enforce these
restrictions on a day-to-day basis.
1) Parking variance shall be limited to 24 months from issuance of a
certificate of occupancy.
2) No more than 80 customer seats shall be permitted regardless of
restaurant floor area size.
3) Dance classes shall be restricted to no more than 15 persons (14 students
& instructor) during weekdays.
4) Dance classes shall not be held between the hours of 11:00 am and 2:00
pm; Monday - Friday.
5) Parking variance may be modified, extended for additional time, or made
permanent only by approval of the City Commission.
6) Applicant to submit letter agreeing to the following:
a. The temporary parking wavier does not confer any vested rights with
respect to restaurant use.
b. Applicant to use best efforts to enter into a shared parking access
easement with the adjoining property owners within 6 months.
c. Violation of any Conditions 1 - 4 days shall be considered a city code
violation subject to enforcement action.
d. Parking variance approval automatically expires within 24 months from
issuance of a certificate of occupancy.
e. Dumpster enclosure to be provided per City code prior to issuance of
an occupational license for the restaurant.
City Mayor and Commissioners
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
is Clare Vickery
816 SE 8`h Street
Fort Lauderdale, Florida 33316
RE: Parking variance for 49 N. Federal Highway for first floor restaurant/cafe use and second
floor use of a dance studio
Dear Ladies and Gentlemen,
We are requesting a parking variance for a first floor restaurant/cafd not to exceed 4,000 sq ft for
subject site. The proposed restaurant/cafd will sell limited on-site prepared foods and varieties of coffeesand teas.
Some minor retail space may be included on the first floor. All improvements to first floor will be done consistent
with codes regarding this use.
We are also requesting a panting variance for the second floor for a dance studio not to exceed 2,500
square feet. Membership will be required through the purchase of multiple dance classes and after initial
consultation with dance teacher. Property owner will manage the dance studio on second floor and make all
improvements to the second floor consistent with codes regarding these uses.
The current use for the building is retail. Parking overflow is handled by existing on-site parking of
Wapproximately nineteen (19) spaces, on-street parking and informal "shared"parking with neighboring lots north
d south. The proposed uses'parking needs are not expected to exceed the existing retail parking needs based on
e staggering of new operation hours. Also, the unique location of the subject site allows for a high degree of
pedestrian access and proposed uses will not compete with parking needs of nearby antique shops as antique
shopping is often done during"non peak"hours or weekends.
Finally,the proposed uses will create an active day-to-night mixed use site in the heart of the downtown.
The current operation closes promptly at 5PM. Approval of the variance will be a primary step in continuin to
invest in the building and raise the overall appeal and charm of the area. g
Please grant the proposed parking variance as requested and feel free to call me at 954.527.5475. We look
forward to working closely with the City of Dania Beach.
Sincerely/
�lare_Vickery, applicant
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
® General Development Application (954)924-3645
pp I
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request /
❑ Rezoning
❑ Site Plan Date Read: 3
❑ Special Exception ��2.C)
❑ Special Request Petition No.: 7
,/Trafflcway Waiver
9 Variance
❑ 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
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 build' g permit from the City's Building Department.
Location Address:
Lot(s): d /
Block: Subdivision:
Recorded Plat Name: ,
Folio Number(s): ll�;7 � 0Legal Description: -,-"
Applicant/Consultant/Legal Representative (circle one)
Address of Applicant: h /V
Business Telephone: S
ome: G'1�.-Q, Fax: JSY 5 2 �y
Name of Property Owner: 6�
Address of Property Owner
Business Telephone: Home: iiL-
�} Fax:
® Explanation of Request: G /1
Prop. Net Acreage: _ Gross Acreage: prop.
p Square Footage:
Existing Use: Proposed Use:
Is property owned individually, by a corporation, or a joint venture?
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
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.
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is a certi I am the fee simple )w of eft,lands described above and that I have
authorized pplican sultan Re resentative (// ((�� to
make and fi e a oresaid application.
Sworn to and subscribed before me Owner:
This day of 64"r11 20 0 5�
Signature. -
Date: 3 — �— U S
�D2i s 7�)
41i e of Notary Publl (Print Name)
Ff o r,ib j - )
"PI rk �U 0 V!�(�ML
Print Name of Notary Street Address,City, State and Zip Code
Commission Expires:
Telephone No. &Fax No.
LOU AP0+1 CWNSJuiGa`lJIII
.a Notary Pubtk-State of FforW&
my Comm.Expires Feb 20.20M
Commission 0 D0276137
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-13-05
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, May 10 2005 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-13-05 - Clare Vickery, applicant, representing Doris Singer, property owner, is
requesting a parking variance to provide 17 parking spaces for a restaurant, dance
studio, and general retail in an existing building located at 49 N. Federal Highway.
(Chapter 28, Zoning 6.21. Off Street Parking Requirements, indicate that 72 parking
spaces are required.)
LEGAL DESCRIPTION: LOTS 9 AND 10, BLOCK 13 OF "TOWN OF MODELO" ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 'B', PAGE 49 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. LESS
THE EAST& THEREOF FOR ROAD RIGHT OF WAY.
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
® any 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
Notice Date: Friday, April 29, 2005
Refer to the back of this notice for a Location map of the site
Claire Vickery
VA-13-05
• Location
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Claire Vickery
VA-13-05
• NOTICE OF
PURUC HEARING
,ITY OF DANIA BFACH
vA-13-05
;NOTICE IS HEREBY uIv-
EN that a public hearing
will be held befure the _
City Commission On Tues-
day, May 10 2005 at 7:00 �
p m., or as soon thereaf-
ter as possible,in the City \��\ US
Commission Room, A 1 1
rnialstrative Center, 100
west Dania Beach Blvd.,
Dania Beach, Florida '
33004,for the purpose o G L VA�t J\C—�-Caz
hearing any comments
which might be made to
the following requests: `' J\ _ ��c �
VA-13-05 - Clare Vick-
ery, applicant, represent-
ing Doris Singer,property
owner, is requesting a
parking variance to pro-
vide 17 parking spaces for
a restaurant, dance stu-
dio, and general retail in
an existing building locat-
ed at 49 N.Federal Hi$h-
waayy. (Chapter 28, Zoning
6.21. Off Street Parking
Requirements, indicate
that 72 parking spaces are
required.)
LEGAL DESCRIPTION -
LOTS 9 AND 10,BLOCK 13
OF TOWN OF MODELO AC-
CORDING TO THE PLAT
THEREOF, AS RECORDED
IN PLAT BOOK 'B' PAGE
49 OF THE PUBLIC
RECORDS OF DADE
COUNTY FLOR16A SAID
LANDS SITUATE, LYING
AND BEING IN BROWARD
COUNTY FLORIDA. LESS
THE EAST 8'THEREOF FOR
ROAD RIGHT OF WAY
Copies of the proposed
petition are available for
viewing in the Community
Development Depart-
inent, 100 West Dania
Beach Blvd.,Dania Beach,
Florida between the hours
of 8:00 a.m.and 4:00 p.m.,
Monday-Friday.interest
ed parties may appear at
the public hearing and be
'.>ard with respect to the
i,i.,posed petition.
In accordance with the
americans With Disabili-
ties Act,persons needing
.assistance to participate
in any of these proceed-
ings should contact
Louise Stilson, City Clerk,
100 W Dania Beach Blvd,
Dania Beach, FL 33004,
and (954) 924 3622. at
!east 48 hours prior to
meeting.
Any person who de-1
cites to appeal any deci-
�
sion made by the Cityi
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 en-
sure that a verbatim
record of the proceedings
is made,which record in-
cludes the testimony and
evidence upon which the
appealisto based.
Lou Ann Cunningham
Planning Associate
April 29,2005
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