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Home My WebLink AboutR-2005-132 Discount Auto Sign Variance RESOLUTION NO. 2005-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY SITE ENHANCEMENT SERVICES ON BEHALF OF THE PROPERTY OWNER DISCOUNT AUTO PARTS, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY GENERALLY LOCATED AT 1750 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28, "Signs", prescribes the signage regulations for businesses within the City of Dania Beach; and WHEREAS, Site Enhancement Services on behalf of the property owner Discount Auto Parts, for property located at 1750 Stirling Road, has applied for a variance (VA-46-05) from Chapter 28, "Zoning", Article 28, "Signs", Section 28.180 to allow: 1. a wall sign with 92.82 square feet of sign area on the south elevation(Sec 28.180 (5) of the Code permits 34.5 square feet); ® 2. a sign with a horizontal dimension of 37'(Sec 28.180 (5) of the code permits 30'); and 3. a sign with wording of 2.5 feet in height(Sec 28.180 (5)of the code permits 2 feet); and WHEREAS,the Planning&Zoning Board on August 17, 2005,recommended approval of the variance request, VA-46-05, subject to certain conditions, based upon the criteria set forth in Chapter 28,"Zoning", Article 28, "Signs", Section 28.200 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-46-05, from requirements in Chapter 28, "Zoning", Article 28, "Signs", is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on September 13, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS • BY: , THO AS J. A SBRO CITY A ' 0 NEY • 2 RESOLUTION #2005-132 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: SEPTEMBER 13, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—VARIANCE REQUEST VA46-05 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: The applicant, Site Enhancement Services, on behalf of the property owner Discount Auto Parts, is requesting a variance to allow additional wall signs at 1750 Stirling Road. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Resolution Staff Report Comment Sheets Application Public Hearing Notice/Location Map . Mailing List Signage Details 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: August 9, 2005 Community Development Department City Manager Date ,z��ii� CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 13, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C Cam_ FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-46-05: The applicant, Site Enhancement Services, on behalf of the property owner Discount Auto Parts, is requesting a variance to allow additional wall signs at 1750 Stirling Road. VARIANCE 1. To allow a sign with 92.82 square feet of sign area on the south elevation; code permits 34.5 square feet. 2. To allow a sign with a horizontal dimension of 37.3'; code permits 30'. 3. To allow a sign with wording of 2.5 feet in height; code permits 2 feet. PROPERTY INFORMATION • The subject property is an existing auto parts store and is zoned Commercial (C- 2). The applicant has indicated the name of the store is changing from 'Discount Auto Parts' to 'Advanced Auto Parts'. There is currently one wall sign on the south building elevation. The existing building is setback 15 feet from the road. The property abuts undeveloped land to the east and west. An existing wall sign is located on the building elevation facing Stirling Road. The applicant is requesting a wall sign, 92.82 square foot, to be located on the south building elevation. The zoning code permits one wall sign on the street frontage (Stirling Road), not to exceed 34.5 square feet. The applicant has indicated that the existing sign measures 3' X 41'. In addition, the applicant is in the process of obtaining a monument sign for this site, which will meet code requirements. PLANNING AND ZONING BOARD RECOMMENTATION On August 17, 2005 the Planning and Zoning Board recommended approval of the requested variances. STAFF RECOMMENDATION None. Applicant shall demonstrate hardship to the City Commission. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM - x No 27 PZ Log 'VA-46-05 Route Date 7/20/2005 Project DISCOUNT AUTO PARTS SIGN VARIANCE Follo 5042-33-33-0010 Route Via: Mail ❑ PlckUp In-house y� 1. Fire Marshal [] Planner Public Services CG ❑ Landscape pproved as submitted ❑ Denied Comments must be addressed and resubmitted prior to PZ/City Commission —� Approved w/conditions LlstConditions i�---- _ —1 I I I i I Signature SF/� D.QO�JJv Print Name Date -- -- CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM No 27 PZ Log VA-46-05 Route Date 7/20/2005 Project DISCOUNT AUTO PARTS SIGN VARIANCE Folio 5042-33-33-0010 Route Via: Mall PickUp FV� In-house Fire Marshal Planner Public Services CG Landscape pproved as submitted [`) Denied L Comments must be addressed and [;l Approved w/conditions resubmitted prior to PZ/City Commission ListCondiUons r -- --- --- —---- I nL I Signature hl Print Name • Date ® � Calvin, Giordano & Associates, Inc. r.. E X C E P T 1 0 N A L S O L U T I O N S August 3, 2005 Mr. Dominic F. Orlando, P.E. Public Services Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Discount Auto Parts Variance - Review #1 Site Plan VA-46-05 CGA Project No. 97-1826.38 Review date—8/3/05 Plans Route date—7/20/05 Dear Mr. Orlando: We have no comments and recommend approval. Please let me know if you have any comments or questions. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no financial or professional interest in this project or with the entity making this application for variance. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Engineering Construction Engineering / & Inspection Municipal Engineering Karl Ke y. P.E. Transportation Planning Associat &Traffic Engineering Surveying&Mapping I concur ith the above noted Plat comments. Planning Landscape Architecture & Environmental Services Dominic F. Orlando, P.E. Construction Services Public Services Director Indoor Air Quality Data Technologies & Development d7'fr�-v�L� i Ignature Date 0 Eller Drive,Suite 600 Lauderdale,FL 33316 one:954.921.7781 Fax:954.921.8807 www.calvin-giordano.com P:\Projects\l997\971826 Dania Miscellaneous\Engineering\Correspondence\Letters and Reports\Discount Auto Parts sign variance.doc Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM No 27 PZ Log VA-46-05 Route Date 7/ZO/2005 Project DISCOUNT AUTO PARTS SIGN VARIANCE Folio 5042-33-33-0010 Route Via: Mail ❑ PickUp In-house Fire Marshal 0 Planner Public Services CG Landscape Approved as submitted ❑ Denied Comments must be addressed and Approved w/conditions resubmitted prior to PZ/City Commission O —<— ListConditions i �GLu'(�►a� �.� �5 Sze G�u�1. Signature Print Name - Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING FORM No 27 PZ Log VA-46-05 Route Date 7/20/2005 Project DISCOUNT AUTO PARTS SIGN VARIANCE Folio 5042-33-33-0010 Route Via: Mail PlckUp FV� In-house E [] Fire Marshal Planner [] Public Services CG Ev] Landscape roved as submitted Denied CI Comments must be addressed and Approved w/conditions resubmitted prior to PZ/City Commission ListConditions cr�4_ Signature IRA Print Name f� t/06r- Dat i . City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3643 General Development Application ® Assignment of Flex/Reserve Units ® Land Use Amendment 13 Plat ® Plat Delegation Request ® Rezoning Date Recd.- 13 Site Plan 13 Special Exception Petition No.: ® Special Request ® Trafflcway Waiver M Variance (Sign) 13 Vacation Request -bB�A5ev i ,�r-I—w.t - - ® other: 3Uq v ?A[04 THIS APPUCATIONI WILL NOT BE ACCEPTE . _ L ,,l C E ARID SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the applicatlon 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 applicatlon. . As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 1750 Stirling Road South Lot(s): N/A Block: NIA Subdivision: N/A Recorded Plat Name: Discount Auto Parts Folio Number(s): 504233330010 Legal Description: See attached legal description Applicant/Consultant/Legal Representative (circle one) Site Enhancement Services Address of Applicant: 3699 W. Lathrop, South Bend, IN 46628 Business Telephone: 800-348-5000 Home: N/A Fax: 574-237-6166 Name of Property Owner: Discount Auto Parts Address of Property Owner: 5673 Airport Road. Roanoke, VA Business Telephone: 540-561-3439 Home: N/A Fax: 540-561-3430 Explanation of Request: Seeking a variance for wall sign and additional sgft . 3,14- ,1 - 3410 0 Prop. Net Acreage: .67 Gross Acreage: _ .86 Prop. Square Footage: SrnrP9 Annn RAFT Existing Use: Auto Parts store Proposed Use: Advanra Antn Parta Stnra Is property owned individually, by a corporation, or a joint venture? Corporatinn APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: 11-1 This ff day of�!�.. 20hS Signature: Date: — 10 �i ►,v� l� � s t le u !gn NaIg (Print Name) State of C4rtoda DTI PUBLIC coffamoma 01 �g bn Print Na Street Address, City, State and Zip Code Commission Expires: tel: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CO ORATION NOTARIZED SIGNATURE: Is Is to certify that the below referenced corporation is the owner of subject lands described above an at I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) Sike r-r Vancemeo Sex-v�ces to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: 4va✓x !1 This , -day of 200 Signature: Date: 1 /2qJ 0S I a4(na svL (Print Name) Sion Ma^aper §IJin-Name of N�*Public (Print tle) State of( ) ua-r Ac or+ AoLe VA PrinfName of No ry Street Address, Cky,.State and Zip Code Commission Expires: �3 d7 �S'�ol Slot - A44 3 al: Telephone No. &Fax No. AUG 3 �005 JOINT VENTURE/P HIP 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. Justifications for Approval A.) That the special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other lands, structure or building in the same zoning district. Due to the proximity of this property to the busy corridor of Stirling Road, signage that is in excess of the sign ordinance regulations should be allowed in order to ensure the safe vehicular movements of the patrons on the adjacent roadway. Due to the size of the building and the close proximity to the roadway, Advance Auto Parts needs to be able to utilize their building facades in order to identify their business to the motoring public. The orientation of our trademarked logo prevents us from having adequate visibility due to how the wording of Advance Auto Parts is oriented. B.) That the special conditions and circumstances do not result from the actions of the applicant. Advance Auto Parts researched a number of codes when determining the new design of their logo. The proposed design was the most code friendly form that was available the suited a majority of the codes that they researched. They chose this location hoping to provide adequate exposure to the motorists attempting to safely locate and access this property. The special conditions are in no way a result of the applicant. C.) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, building or structures in the same zoning district. The variance proposed will not adversely affect the neighboring properties because the neighboring properties are all commercial in nature. By allowing this business the opportunity to perform to its intended level it will increase the value of this property and in turn increase the value of the properties adjacent. Advance Auto Parts is a destination business. Motorists set out with a stop to this type of business in mind. The businesses on the adjacent properties are benefited by having this type of business near by because patrons of the AAP will often impulse buy at these establishments. D.) That literal interpretation of the provisions of the chapter would deprive the applicant of rights commonly enjoyed y other properties in the same zoning district under the terms of the chapter and would work unnecessary and undue hardship on the applicant. Without adequate exposure to the roadways that serve this location our customers cannot safely locate and access the property. Motorists traveling along this corridor want and expect commercial signage as a wayfinding tool. Other businesses along this corridor are currently enjoying the benefits of adequate exposure to their major thoroughfares, AAP is simply asking for the same opportunity to be successful. E.) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The requested variance is the minimum necessary in order to gain the relief required to alleviate the hardship that exists on this property. Due to the length of the name "Advance Auto Parts", the sign square-footage will merely allow this business to utilize a JIL 2U VA+-4�-CIS t G i t sign that is similar to others in the area. AAP is simply asking for relief to utilize their trademarked logo, colors and orientation. In addition, the requested signage G will allow for advanced notification of this business to the motoring public and therefore create a safer vehicular environment. F.) That the grant of the variance will be in harmony with the general 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. The proposed signs will in no way be detrimental to the public welfare. In fact, providing a quality wayfinding tool will reduce dangerous vehicular maneuvers such as, U- turns, double-backs, sudden land changes, sudden vehicular maneuvers, and a reduction in driving time. A reduction in these promotes good traffic safety throughout this corridor which compliments what the spirit of the ordinance is accomplishing. • t + + y ru n Advance auto 1 f�wffw the best part is our people April 22, 2005 AUG - 3 2005 Owner Authorization To Whom It May Concern: Please allow this letter to serve as written permission from Advance Auto Parts to allow Bell Signs and/or their authorized agent to secure any variances and/or permits necessary for the installation of Advance Auto Parts' signs at the following store location: #9183 —Dania—Stirling Rd South 1750 Stirling Rd South Dania, FL 33004 If you have any questions or I can be of further assistance, please do not hesitate to give me a call. Sincerely, Property O enSA/A Print Name Wade Latham, Sign Manager Property Owner Name Advance Auto Parts Property Owner Address 5673 Airport Road Roanoke, Virginia 24012 Property Owner Phone # 540-561-3443 Commonwealth of Vir inia County of Roanoke � f` 1 Subscribed and Sworn to before t 's day of ` 200 Notary Public My Commission Expires V ie Lynn Canda TARY PUBLIC onwealth o1 Virginia ommission Expires ugust 31,2009 NOTICE OF 'USLIC HEARING CITY OF DANIA BEACH VA-46-05 NOTICE IS HEREBY GIV- EN that a public hearing will be held before the City Commission, Tues- r1ay, September 13, 2005 at 7:00 p.m., or as soon thereafter as possible, in I the City Commission Room, Administrative �L�yl_J 1XV,r lE' Center, 100 West Dania Beach Blvd.,Dania Beach, Florida 33004,for the pur- pose of hearing any com- ments which might be made to the folio wing re- quest: ft,\0 V VA-46.05 - Site En- ��ACC)L\,"I hancement Services on behalf of the property owner Discount Auto Parts,(1750 Stirling Road, VIA — Dania Beach), Is request- ,ing sign variances from Chapter 28, Zoning, Arti- cle 28 Signs, Section 28.180. (Principal arterial commercial design.stanr dards overlay),to 1. Allow 2 wall signs (o N east and south); (SeCj 28.190(5)of the code per= mits t wall sign (oli south). 2.Allow a sign with 92.82 square feet of sign area on the south elevation; (Sec. 28.180(5)of the code pert rnits 34.5 square feet.) 3.Allow a sign with a horl- iontal dimension of 37" (SeC 28.180(5)Of the C044 permits 30'1 4.Allow a sign with word- ing of 2.5 feet In height; (Sec 28.180(5)of the cod permits 2 feet.) Property Is legally de- scribed a8 Tract A, The Gaddis Plat according to the plat thereof as record- ed in Plat Book 112,Page 7,of the public records of Rrcward County, Florida I-ess the East 172.85 Feet of Tract A per O.R.B: 31840,Pg. 1416,and less A 12' Turnlane per U.R.B. 22120 Pg.521 of the pub- iic records of Broward County,Florida. Copies of the proposed petition are available for viewing in the Community Development Depart- ment, 100 West Dania ii3each Blvd.,Dania Beach, Florida between the hours of 8:00 a.m.and 4:J0 p.rn., Monday-Friday.Interest- ed parties may appear at the public hearing and be heard with respect to the proposed 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, oania Beach, FL 33004, .md (954) 924-3622, at :!ast 48 hours prior to neeting. Any person who de- c.des to appeal any deck lion 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 en- ure that a verbatim ;^cord of the proceedings is made,which record in- ides the testimony and ndence upon which the appeal is to based. Lou Ann Cunningham Planning Associate September 2,2005 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-46-05 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, Tuesday, September 13, 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 request: VA-46-05 — Site Enhancement Services on behalf of the property owner Discount Auto Parts, (1750 Stirling Road, Dania Beach), is requesting sign variances from Chapter 28, Zoning, Article 28 Signs, Section 28.180. (Principal arterial commercial design standards overlay), to: 1. Allow a sign with 92.82 square feet of sign area on the south elevation; (Sec 28.180 (5) of the code permits 34.5 square feet.) 2. Allow a sign with a horizontal dimension of 37'; (Sec 28.180 (5)of the code permits 30'.) 3. Allow a sign with wording of 2.5 feet in height; (Sec 28.180 (5) of the code permits 2 feet.) Property is legally described as Tract A, "The Gaddis Plat" according to the plat thereof as recorded in Plat Book 112, Page 7, of the public records of Broward County, Florida Less the East 172.85 Feet of Tract A per O.R.B. 31840, Pg. 1416, and less A 12' Turnlane per O.R.B. 22120 Pg. 521 of the public records of Broward County, Florida. • Copies of the proposed petition are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in 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, September 2, 2005 Refer to the back of this notice for a Location map of the site LOCATION : lROM, � N This Prope _. co w Ln z (6 D < < CL 0 < > m N Z L.L (D (D Ln Z 0 ce) 0, Z U) CV) or) cl 0 C4: < 4. 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