HomeMy WebLinkAboutR-2004-060 TOMECEK VA-04-04 RESOLUTION NO. 2004-060
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY RONALD TOMECEK,ON BEHALF
OF EQUAL SIX CORPORATION, FROM CHAPTER 28,ZONING,ARTICLE
5.36 "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT
THE 600 BLOCK OF PHIPPEN/WAITERS ROAD (LOT 6, BLOCK 1
COLLEGE TRACT, FIRST ADDITION AND ALL OF TRACT"G" COLLEGE
TRACT, THIRD ADDITION)., DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning,Article 5.36
"Walls, Fences and Hedges", sets the Height limitations for walls, fences and hedges
within the City of Dania Beach; and
WHEREAS, Ronald Tomecek, on behalf of Equal Six Corporation has applied for a
variance (VA-04-04) to allow a four (4) feet high picket fence with five (5) feet columns,
maximum allowed is four(4)feet, at front of property adjacent to Phippen/Waiters Road, in
Dania Beach; and
• WHEREAS, the Planning & Zoning Board on February 18, 2004, recommended
that the City Commission approve the variance request VA-04-04 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-04-04, for a variance as described above
(from requirements in Chapter 28, Zoning, Article 5.36 "Walls, Fences and Hedges"), a
copy of which is attached as Exhibit "A" is approved, subject to the following conditions:
i) Staff requires the site plan be modified to allow only permitted uses allowed in the
IR Zoning District. These uses include storage, warehouse, cabinet, carpenter,
furniture, plumbing, electrical, air conditioning, engraving, glass or home
improvement shop within a completely enclosed building, offices, excluding medical
1 RESOLUTION NO. 2004-060
and dental offices, showroom use, excluding retail sales.
ii) Maximum height of hedge to be 4' to match fence height.
iii) Have condominium documents specify uses allowed.
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are repealed to the extent of such conflict.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 23TH DAY OF MARCH, 2004.
C.K.MCELYE
MAYOR — COMMISSIONER
AT T ST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
MIRIAM NASSER COMMISSIONER FLURY - YES
ACTING CITY CLERK VICE MAYOR MIKES - YES
MAYOR MCELYEA- YES
APPROVED AS TO FARM AND CORRECTNESS:
By: ' AI
THOMAS J� ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2004-060
City of Dania Beach, Florida 1\.
Growth Management Department
• Planning and Zoning Division
(954) 924-3645
Development Application
❑ Assignment of Flex/Reserve Units JAN 14 2004
❑ Delegation Request
❑ Land Use Change
❑ Outdoor Seating
❑ Plat
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.: V A-0 -O
❑ Special Request
❑ Trafficway Waiver
❑ Variance
❑ Vacation Request
�3 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: —r no 214IPPEN RnAn
Lot(s): 6 Block: 1 Subdivision: C lleoe Tract First . Additj n 22-�pB
together with all of Tract "G" o ege ract 'Firth tiun�l-11B
Recorded Plat Name:
11203-37-00500
Folio Number(s): 1 1 203-35-00400 and Legal Description:
Present Zoning: T— Present Land Use: IND Explanation of Request: Requesting a six ( 6)
foot fence along Phippen Road. .Current code call for a max four (4 ) ft . fenc
Prop. Net Acreage: 2 . 2c1 AC Gross Acreage: 2 . 29 Prop. Square Footage: 99; 752 . 4
Value of Improvement: Est'd Date of Completion: September 2004
Will Project be Phased: NO If yes, Est'd Completion of each Phase: N/A
Existing Use: VACANT Proposed Use: Condo Office Warehouse
f
Name o Applicant Consultant/Representative (circle one): Ronald L . Tomecek
Address of Applicant: 5901 SW 44th St . Davie, FL. 33314
Business Telephone: 9-316-9098 Home: 9-767-2196 Fax: 9-337-2360
Name of Property Owner: Fast Ft _ T,auderda 1 e Rui 1 r1i ng rn _ , Tnr-
Address of Property Owner:5901 SW 44th Street Davie , FL . 33314
Business Telephone: 9-31 6-nnn Home:9-767-21 qh Fax: 9-397-236n
cell 9-445-9906
List any additional action (i.e. special exception, variance, rezoning, etc.)that may be needed to support
the proposed project: This should be the only variance requested
List all previous action that has occurred on this property: None
NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn to and subscribed before me t
ican nsultant/Representative:
This�day of J 200q
C atu ate:
lT. �U`' Ronald L. Tomecek , President
Sign Name of N ary PPIC (Print Name) East Ft . Lauderdale Building Co . Inc
® State Of( FL )
KIMBERLY T JOHNSON 5901 SW 44th Street Davie, FL. 33314
Print Name of Notary Street Address, City, State and Zip Code
Commission Expire Kimberly Johnson 954-316-9098phone FAX9-337-2360
Seal: nM Canrtu sloes
res December 13.2007 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) 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.
AGENDA REQUEST FORM
CITY OF DANIA BEACH
" .may
AGENDA ITEM NO. 910 7Ki)
1. DATE OF COMMISSION MEETING: MARCH 23, 2004
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST VA-04-04
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request by Ronald L. Tomeck to allow a four(4)foot high picket fence with five (5) foot
columns, maximum allowed is four(4)feet, at front of property adjacent to Phippen/Waiters Road.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Staff Report
Resolution
Letter from College Gardens Neighborhood Association
Letter from Ronald Tomecek (meeting with the College Gardens Neighborhood Association)
Application
Public Hearing Notice/Location Map
Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their February
18, 2004 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date March 17, 2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: March 23, 2004
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
ru..
FROM: Corinne Church, AICP, Principal Planner
SUBJECT: SP-64-03: Request by Ronald Tomecek, on behalf of Equal
Six Corp. for site plan approval to construct two (2) industrial
buildings and associated parking and variance to allow a four
(4) foot high picket fence with five (5) foot columns, located
at the 600 block of Phippen/Walters Road (Lot 6, Block 1
College Tract, first addition and all of Tract "G" College Tract,
third addition).
Site Plan:
Construction of two (2) industrial buildings and associated parking.
Variance:
Allow a four (4) foot high picket fence with five (5) foot columns, maximum
allowed is four (4) feet, at front of property adjacent to Pippen/Waiters Road.
The applicant is proposing to construct two (2) industrial buildings on vacant
property located on Phippen/Waiters Road. The property has residential uses to the
north, south and west. The FEC railroad track is adjacent to the east. The property
is zoned Restricted Industrial (I-R) and has a Future Land Use designation of
Industrial. The IR zoning for this property has been in effect for 22 years.
The applicant has met with area residents who attended the Planning and Zoning
Advisory Board meeting to discuss the proposed development.
SITE PLAN
The applicant meets or exceeds minimum development requirements, including
landscaped buffers, pervious area and setbacks. The site is required to have a 30%
pervious area; the applicant is providing 33%. The applicant also exceeds the
minimum front, side and rear building setbacks. Further, the applicant provides a
25 foot greenbelt along Phippen Road, where only 10 feet is required. The applicant
also complies with parking based on industrial restricted and office uses.
The City's Public Services and Fire Marshall staff have reviewed the applicant's
• request and have found the project consistent with all code requirements.
VARIANCE
The applicant proposes a four (4) foot picket fence with five (5) foot columns along
Phippen/Waiters Road frontage. The Code allows fences in the front yard to be a
maximum of four (4) feet. The picket fence will be painted to match the buildings.
PLANNING ARID ZONING ADVISORY BOARD RECOMMENDATION
SITE PLAN
On February 18, 2004 the Planning and Zoning Advisory Board recommended
approval provided the applicant meet with the Homeowners association prior to the
City Commission meeting to review the development and to make a
recommendation regarding the fence height.
Staff requires the site plan be modified to allow only permitted uses allowed in the
IR zoning district. These uses include storage, warehouse, cabinet, carpenter,
furniture, plumbing, electrical, air conditioning, engraving, glass or home
improvement shop within a completely enclosed building, offices, excluding medical
and dental offices, showroom use, excluding retail sales
VARIANCE
On February 18, 2004 the Planning and Zoning Advisory Board recommended denial
of the variance request.
College Gardens Neighborhood,association
• IV Box 347
Dania Beach,Florida 33004
Brenda D.Blackmon.President
.March 10.2004
Mr. Ron Tomecek
East Ft. Lauderdale Building Co., Inc.
590 SW 44 h Street
Davie, Florida 33314 �bW
and
Mr. Larry Leeds
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Dear Sirs,
As per your request/recommendation,Mr. Leeds,College Gardens Neighborhood
Association met with Mr. Ron Tomecek on Monday, March 1,2004 in reference to the
® fence to be used at the proposed warehouse structures to be built by Mr. Tomecek on
Phippen-Waiters Road. Both parties discussed and agreed that the white D6cor-
Aluminum fence be erected at the height of(4) four feet and its decorative posts not to
exceed the height of(5) five feet, given a total fence structure of(5) five feet in combined
total height.
In addition, we discussed the setback of the building in which it looks as if Mr. Tomecek
has gone beyond the recommendation of the city's code.
On Wednesday,March 10, 2004, Mr. Tomecek and I again spoke in regard to the height
of the shrubbery and we both agreed to have them maintained at a controlled height. Mr.
Tomecek, after speaking with members of the association, it is recommended that the
shrubbery not exceed the height of the fence as not to create an undesired demographic
scenery to the community, but to your buildings as well.
I hope that we are all in agreement with these recommendations and will conform to
them. If the association can be of further help,please feel free to call upon us, my
contact number at home is (954) 920-9985 or the alternate method may be used.
S.
a .Bla o ;President— College Gardens Neighborhood Association 111L&WR
S
31sgoge
03/01/2004 23: 35 3169098 FLOMM PAGE 01
ALE
59oi SW 444th Street
Davie,FL, 33314
954-316-9098
FAX 954-337-2360
CGCI I05510
Mmh 2,2(*4
Cosine Cta=h
Principal plomer
City of Dania Beeach
RE:Fencc/Wall
SP41.03
bY-
Corrine-
X met wit$the CoU W Ga &ns 13egoborhood Association last eveninl .
The consesus was to conwuct a fow(4)foot aluminwn picket fence along
® p%ppms load,with concrete columns at five( 5)fed with a cap_
11c Association was v®xy adamant in twt waging a concrete or wood fence, nor a
six(6)foot fence along Phippws Read.
Please can me at 954-316-9099 or 95"5-9906(cell)to discuss ahan$es
for the City commission meetimg on 3-23-04.
Mn. Brcnda Blackman is the Association president. Her phone number is 954-
926-2400 x 222 if you need to call her.
Rosa'Tomecek
4
xG
Alt.-
NOTICE OF
PUBLIC HEARING
CITY OF DANIA BEACH
VA-04-04
NOTICE IS HEREBY'GIVEN
that a public hearing will
be held before the City
Commission onTuesday, i U
March 23,2004,4,at 7:00 p.
m., or as soon thereafter
as possible, in the Dania
Beach City Commission,
Chambers, Dania Beach
Administrative Center, YA�G�i.`�
100 West Dania Beach!
Blvd., Dania Beach, Flon-I
da 33004,for the purpose,
of hearing any comments'
which might be made toj
the following request:
Applicant/ Ronald L.
Tomecek,President
Property owner: East Ft]
Lauderdale
Building Co.,Inc-. I
!Location: 600 Phippen
!Road
Request by Ronald Tome-1
cek,on behalf of Equal Six'
Corp.for site plan approv-
al to construct two(2)in-
dustrial buildings and as-
sociated parking and a
variance to locate a four
(4)foot fence with five(5)
foot columns adjacent to
Phippen Road. Chapter
28, Article 5.36(a)states
that walls, fences and/or
hedges, located In the
front building line and
street right-of-way line
shall not exceed four (4)
feet in height.
Folio: 5142-'03-35-0040
and 5142-03-37-0050 De-
scribed as: All of Lot 6,
Block 1, College, Tract
First Addition, according
to the plat .thereof, re-
corded in plat,book 22,
page 10 of the !public'
records of together
County, Florida,
with all of Tract IS, of
'College Tract Third Addi-)
tion',according to the platl
thereof,,as recorded' inI
plat book 41, page 11 of
,the public records o.f Bro-
;ward County,Florida-
Copies of the proposed re-
quest is, Available for
viewing in the Community
Development Depart-
ment, 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 foil
more information. Inter
ested parties may appear,
at the public hearing andl
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 Miri-
am Nasser, Acting City
Clerk,100 W.Dania Beach
Blvd, Dania Beach, FL
33004,(954)924-3624,at
least 48 hours.prior to
meeting.
Any,person who decides
to appeal.any decision
made by the City COmmiS-
sion with regard to any
matter considered at this,
meeting or hearing will;
need a record of the pro-'.
ceedings and for such pur-
pose may need to ensure
that a verbatim record of,
the proceedings is made,
which record includes the
testimony. and evidence,.
upon which the appeal isl
to based.
Lou Ann Cunningham
Planning Associate
!March 12,2004
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