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HomeMy WebLinkAboutR-2004-040-va-90-03 SIGN ADJUSTMENT RESOLUTION NO. 2004-040 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY BORIS DOLINSKI ON BEHALF OF RIGOBERTO AND ESPERANZA MORFIN, FROM CHAPTER 28, ZONING, ARTICLE 28.160 "DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT REGARDING SIGN REGULATIONS, FOR PROPERTY LOCATED AT 48 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 28.160 Downtown Dania Beach Redevelopment District", sets the signage criteria within the City of Dania Beach; and WHEREAS, Boris Dolinski on behalf of Rigoberto and Esperanza Morfin, have applied fora sign adjustment (VA-90-03) for the following: i) Exceed the maximum sign area on two (2) signs by 10.5 square feet. ii) Exceed the maximum vertical height allowed on two (2) signs by 1.5 feet. iii) Allow one (1) sign to face an internal side yard. WHEREAS, Chapter 28, Article 28.160 "Signs", "Downtown Dania Beach Redevelopment District" allows only one 37 'h square foot sign on US 1 and an additional 37 '/z square foot sign on SW 1st Avenue. WHEREAS,the Planning&Zoning Board on February 18,2004, recommended that the City Commission deny the sign adjustment request VA-90-03 items(i)request to exceed the maximum sign area on two (2) signs by 10.5 square feet; and (ii) request to exceed the maximum vertical height allowed on two (2) signs by 1.5 feet, and to approve VA-90-03 item (iii)to allow one (1) sign to face an internal side yard; based upon the criteria set forth in Article 28, Section 28.200. "Relief from requirements; Sign Adjustment;Variances", 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-90-03, for a sign adjustment from Chapter 28 Zoning,Article 28.160"Signs", "Downtown Dania Beach Redevelopment District", a copy of which is 1 RESOLUTION NO.2004-040 attached as Exhibit "A" is approved, subject to the following conditions: • 1) The applicant's request to locate one sign on the north fagade, facing Federal Highway and one sign on the north fagade facing the parking lot next to the building. 2) That the applicant keeps his logo colors in tact; and 3) That the applicant removes all existing un-permitted signs. The following sign adjustments are denied: 1) The applicant's request for additional sign area; 2) The applicant's request for additional vertical height of signage; 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 THIS 24T" DAY OF FEBRUARY, 2004. B BAN ON MAYOR —COMMISSIONER CC- T� S : ROLL CALL: COMMISSIONER CHUNN -YES COMMISSIONER FLURY- YES MIRIAM NASSER COMMISSIONER MIKES -YES ACTING CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTOW YES APPROVED AS TO FORMA D CORRECTNESS: BY: THOMA J. NSB CITY ATTORNEY 2 RESOLUTION NO.2004-040 City of Dania Beach, Florida Growth Management Ddpartment Planning and.Zoning Division (954)924-3 Development Application ❑ Assignment of Flex/Reserve Units DEC - 2 23 ❑ Delegation Request ® Land Use Change ❑ Outdoor Seating ❑ Plat ❑ Rezoning Date Rec'd: ❑ Site Plan Uft ❑ Special Exception Petition No.:qW 90-0 Special Request ❑ Trafflcwall Waiver Varlance ❑ 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: �alaw Lot(s): Block: Q-2, Subdivisions rblG, Recorded Plat Name: Folio Number(s):'5�Q•b4-®l- Legal Description AWE► A C m« 01- Present Zoning: a;l�r Present Land Use:CoanmweLw.. Explanation of Request:Via. 6L1c.t� Zces MA4.. tt,d. &Al- 9QQ Peer anleAeyrA 20.-& 4`�4. Wbri-a . Prop. Net Acreage: Gross Acreage: Prop. Square Footage: clfQ cl®O Value of Improvement: Est'd Date of Completion: CO-Q WV O'r %00 V% as ?osw A01 Will Project be Phased: If yes, Est'd Completion of each Phase: Existing Use: `, ���n•� Proposed Use: rgAul n I t(xm Ci Name of Applicant/Consultant/Representative(drde one): 'C!,Or t Address of Applicant: SOS, �646YIAA R-W!A, nclk# • Business Telephone:%SY �0601-lome:"`Yak 3 - Fax: '95Y- -0-5 00 Name of Property Owner:&% 0 40 Amd �,e a Address of Properly Owner: L� Business Telephone: -f -I-id Home: 5q -CEM4790 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 REACH CITY COMMISSION. Sworn to and subscribed before me Applicant/Consultan entative: This I_day of N®✓u*tet 20S-'� VSlgnature: Date: �• \�Irt6 �111.���1 Sign Nam of Notary Public (Print Name) • State of( FCO da ) W m.NO ATAMOPRAM /93 8' eozel',. s Ave SUlTa1,6 Street Address, City, State and Zip Code .SvNNy Isle$ 13eaek FL. 33 /60 Seal: Telephone No. &Fax No. j O S y 6 6 V O 3 .� WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: to certify that I am the owner of subject lands described above and that I have authorized (Applican onsultant/Representative) I�y'i �1 e.►J�{ to make and file the aforesaid a ca on. Sworn to and subscribed before me ..p Owner: This�_day of�_ 20� TUL Signature: te: /2 o/ O jib Atw6e-4 MC"'V%-" ign to of Notary Public (Print Name State of( *'k- ) lielmAizma— /�* Z10 A'AM.1',0 61 Ah�,/3 e&ct, . Print Name of Notary Street Address,City, State and ZiliCode 41'• 33ooc1 Co 97 so Se M1 R MALONII Telephone No. &Fax No. 6 no OWN _ { tk1 C LU O . � \ � y�y f? - \ � aw Ml 44 `# ay � t �i' r artS `EEri3 1 ' gp 3 k Mnl IM VN i6 �" r If t•' "''H' ` yam+._ ffl h � I ' im i (TIGERTAIL BLV -J._..._.......__......_...__..._.. -_...�..-- NW 1S ST _ i i j� I W m OL i W WX I i � W U UV i I QED r � I I ' DAN IA ' City Hall I BEACH r HOTEL li 1 i SW PARK ST , i i I i SW 1ST ST Fn m y 2 i __ _. _..... -.... /ho0�lO - o � LEGAL DESCRIPTION: LOTS 11, 12, 13, 14, 15 A 16, LESS THAT PORTION TAKEN FOR AGATE ROAD, BLOCK 22, OF TOMOF DANIA, AS RECORDEDA PLAT BOOK B AT PAGE 49, OF THE PUBLIC � �g � RECORDS OF BRON/ARD COUNTY, OR g1 ij 097 CER71FIED TO. e o RODNEY HARRISON, A SINGLE PERSON D EC - 2 2003 1ROBERT FOX, A MARRIED PERSON N� 4 COMMONWALTH LAND 71 XE INSURANCE COMPANY-4-= = P s l $5 d •gg�J'a KLEIN AND FORTUNE, P.A. � � - gNOTM- PMEj NO PLATTED EASEMENTS ON THESE LOTS kj i r�g s $t ASPHALT PAVEMENT ENCROACHES INTO THE ADJACENT PROPERTY (NORTH PROP. LINE) g.. 11 e u _ Es �� �'on� � o II .a I�a � oL �� 40' rorAi R � a 9'® d --°-�--- -- It FDJVag — jFq If J far• 9 `' • �: o 0,( O� '( •-I•'azg�a- '` •il' rEiif u� G^iii4 �' f. •rf= 6 a o ii � x ` O N , �O 0 ( C � a ._.. . - b� d l�Ir T��•-a�rsa• }Y• f� •T C O � ?. •spy �f �� •f xxsf�:•._• -s- 3•� a*sTs �•E ,' r-r� =a•. .s�:£•i^} r^T.�_•_a-�,Y. O'er F-• 250.00'(M9 T s 1�MIS � _q Q ® ------ ! aE =d `� '3?-' .a^.112' �R\3 i r pp�r� ! 11� �.+� :�#¢��E ' � sz � 'r }f•_,.ssa'_mr�y ��$ii7s'F�_����-*__ R � $� i Li gd-c y r- '...Trt:-. .i i r•I�j C+p+r-• O [11 `#_# ; '} �' z� - '' '-# `f=• �rf;?=-sue -o g O d _ -s_r'��is: r � r 8iT-� 53_a 4'S•rs•ra',ks•}r �_��•s; C W 04111 -- - — -_ - - o : 48 SOUTH D RAL HIGH AY, DANIA, FLORID �dqt tsat:it U LOWEST FLOOR ELEVATION FROM ZONF (OalldANEL No. 0 D8/08/92 EIEYAiI�I —flL� LOWEST ADJACENT GR BASE FLOW ELEV. DATE OF FUN Alvarez, Aiguesvives &Associates, Inc. NOT VALID BOUNDARY SURVEY UNLESS I hereby certify that this Survey meets the Minimum Professional Land Surveyors SEALED WITH Tectmisd Standcwds as set forth by the Raft Board of E EMBOSSED profes"al Land Sune 6 7-6 Florida 8230 Coral VIoy, Suite 8, Miami. FL 33155 SEAL.OF Administrative Cam. 72.027 Rondo (305)385-0385 Office CERTIFYING Statutes. (305)385-0623 Fox Date: 05/07�03 9 (305)298-2706 . SURVEYOR I R Reg, No. 4327 t 2 NDTEs ��s Of I 40' ,�No.03—9094 A N/A AGENDA REQUEST FORM CITY OF DANIA BEACH IP AGENDA ITEM NO. � 1. DATE OF COMMISSION MEETING: FEBRUARY 24,2004 2. DESCRIPTION OF AGENDA ITEM: SIGN ADJUSTMENT REQUEST (DOWNTOWN DANIA DEVELOPMENT DISTRICT). 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Request by Boris Dolinski, on behalf of Rigoberto and Esperanza Morfin, to install two 48 square foot wall signs at 48 South Federal Highway. Signs to be located on Federal Highway and adjacent to parking lot on the north side of building. Chapter 28, Article 28.160 "Downtown Dania Beach Redevelopment district"allows one 37 '/square foot sign on US 1 and an additional 37'/square foot sign on SW 1 st Avenue. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution • Variance Application Signage Location Map Survey 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date February 17,2004 Community Development Department City Manager Date • CITY OF DANIIA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: February 24, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director • G FROM: Corinne Church, AICP, Principal Planner SUBJECT: VA-90-03 (Sign Adjustment: Downtown Dania Development District) Request by Boris Dolinski, on behalf of Rigoberto and Esperanza Morfin, to install two 48 square foot wall signs at 48 South Federal Highway. Signs to be located on Federal Highway and adjacent to parking lot on the north side of building. Chapter 28, Article 28.16 0 "Downtown Dania Beach Redevelopment District" allows one 37 1/2 square foot sign on US 1 and an additional 37 1/2 square foot sign on SW 1't • Avenue. Sign Adjustment Requests: 1. Exceed the maximum sign area on two (2) signs by 10.5 square feet. 2. Exceed the maximum vertical height allowed on two (2) signs by 1.5 feet. 3. Allow one (1) sign to face an internal side yard. The applicant is requesting two (2) signs, both are 48 square feet in area and have a vertical height of four (4) feet. The Zoning Code, in this area, allows a maximum sign area of 37.5 square feet. Therefore, each sign exceeds the allowable area by 10.5 square feet. Staff does not support this request as applicant has not demonstrated a hardship or special circumstances to justify an increase in sign size. The applicant is also proposing a sign measurement of four (4) vertical feet. The Zoning Code allows a maximum of two and a half(2.5) feet. Staff does not support this request as applicant has not demonstrated a hardship or special circumstances to justify additional vertical height. In addition, the applicant is requesting two (2) wall signs; the first facing South Federal Highway, and the second facing the internal north property line, where the parking lot is located. • The Zoning Code allows one wall sign per street frontage. This property has street frontage along South Federal Highway and S.W. 1st Avenue, therefore two (2) wall signs are permitted. However, the sign location is permitted facing street frontages only, not facing internal property lines. The applicant is requesting a variance to allow a wall sign facing the internal north property line. The proposed location of the sign facing the internal side property line on the north facade maximizes its exposure to motorist traveling south on Federal Highway. Locating a sign on S.W. 1st Avenue would have little benefit to the applicant. Staff supports the request to locate a wall sign on the north fagade of the building. The applicant proposes the signs have a light background color with dark letters. Staff recommends a dark background color and a light letters as being more consistent with the building. STAFF RECOMMENDATION 1. Denv the applicant's request for additional sign area. 2. Denv the applicant's request for additional vertical height of signage. • 3. Approve the applicant's request to locate one sign on the north fagade, facing Federal Highway and one sign on the north fagade facing the parking lot next to the building, subject to the following: a) Both wall signs have a dark background color and light letter color. b) No signage shall be permitted along the west building face (SW 1st Avenue). PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION To be submitted at the City Commission meeting.