HomeMy WebLinkAboutR-2004-073-VA-72-03 Ocean Development RESOLUTION NO. 2004-073
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY CHARLES PUTMAN &
ASSOCIATES REPRESENTING BARRY N. MORRIS C/O OCEAN
DEVELOPMENT, LLC., FROM CHAPTER 28, ZONING, ARTICLE 5
SUPPLEMENTARY LOT REGULATIONS; FOR PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD
APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 5
Supplementary Lot Regulations set the building and balcony setbacks and height
regulations in the RM-2 zoning district; and
WHEREAS, Barry N. Morris, Ocean Development, LLC, has applied fora variance
(VA-72-03) to allow the following:
1) A reduction in interior side yard building setbacks and interior side yard balcony
setbacks as follows:
iRequored Proposed s Required Propo's'`ed
• Buildrng�, Buildeng Balcony ,Balcony
v:
- :'Setback F_Setback Setback. -- S„etback,
Front Yard 50' 69' 46' 62'
East Side Yard 40' 24' 36' 1 18'
West Side Yard 40' 37' 36' 1 34'
2) Variance to allow a 160 foot tall multifamily residential building (62 feet allowed) as
follows:
Y i Maximum ProposedBuildmg
�.
°,':' Buildin "'; lit i;.l e� ht
Height 5 Stories/ 62' 14 floors/160
for property generally located on the north side of Dania Beach Boulevard approximately
300 feet east of the Motel Six; and
WHEREAS, the Planning &Zoning Board on February 18, 2004, recommended that
the City Commission grant variance request VA-72-03 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;
1 RESOLUTION NO. 2004- 073
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-72-03, for a variance as described above
(from requirements in Chapter's 28 Zoning, Article 5, Supplementary Lot Regulations), a
copy of which is attached as Exhibit "A" is approved, with the exception of the building
height variance request(Section 2 above)which is being deferred until site plan approval .
The following conditions apply to the setback portion variances being approved:
1) Unity of Title (connecting all described parcels)to be approved by the City Attorney and
recorded at Broward County by August 1, 2004;
2) The applicant to record a deed restriction or some other legal device (approved by the
City Attorney) by which the applicant can voluntarily restrict the development of the parcel
to condominium. The voluntary restriction should be enforceable against subsequent
owners. Document to be recorded by August 1, 2004.
3) Condominium documents, to be furnished prior to building permits, to disclose to any
potential buyers at time of deposit the airport runway expansion plans (and noise impact
upon project) as well as the planned route of the AES Ocean Express Natural Gas
Pipeline;
4) Architectural modifications deemed necessary by the City Commission to mitigate the
size and scale of the building, particularly along Dania Beach Blvd.;
5) Applicant is responsible for assuming cost to bring water and sewer service to this site.
Applicant to demonstrate, to the Public Services Director, the ability to meet these
requirements;
6)Applicant to demonstrate, to the City Fire Marshal, compliance with emergency vehicle
2 RESOLUTION NO. 2004-073
access and fire flow requirements;
7) Applicant to record a conservation easement prohibiting development of the no
® development zone (Planning and Zoning Advisory Board recommended recording
document prior to the issuance of a building permit);
8) The applicant's attorney shall submit documentation by August 1, 2004, that applicant,
individually and in a corporate capacity, for all lots included within this project, understands
and agrees that the special exception and variance approval confers no vested rights or
entitlements to any of the following: (a) Site design, building design, parking configuration,
architecture, or Fire-Rescue Depart requirements; (b) Compliance with water, sewer,
paving, and drainage requirements; (c) Compliance with environmental regulations of any
other government agency; (d) Site plan approval by the City Commission; and,
9) Special exception, master plan, and variance approvals(as per the foregoing conditions)
® shall be valid until April 13, 2005, provided applicant complies with Conditions 1,2, and 8 by
August 1, 2004.
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 13T" DAY OF APRIL, 2004.
C.K. MCE L6EA
MAYOR — COMMISSIONER
3 RESOLUTION NO. 2004-073
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES - NO
MAYOR MCELYEA - ABSENT
APPROVED AS TO FORM
AND CORRECTNESS:
BY: �
THO, AS . AN RO
CITY AT- ORNEY
4 RESOLUTION NO. 2004- 073
City of Dania Beach, Florida
Growth Management Department
Planning and Zoning Division SEP 17 20013
(954)924-3645
Development Application
Variance
❑ Special Exception Date Rec d•
❑ Site Plan
❑ Rezoning Petition No.: V6-7Z-o 3
❑ Land Use Change
❑ Assignment of Flex/Reserve Units
❑ Vacation Request
This application must be completed in full and submitted along with all necessary documents for it to be
processed. THIS APPLICANT QUILL 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: t, fjrwi><
Lot(s): Block: �1 Subdivision:
Recorded Plat Name: t1 CIEE " �6&i a3 ATA� £ Ti�F 1�� �p� (�P �► ►wJ T Oki%f,fto
Ir
Folio Number(s): C�W- MTW.J�gQ Legal Description: Sr✓g WTDeAM
Ito G ►(Ib E
Present Zoning:c- z Present Land Use: CoONM Explanation of Request: A V; £gw't1,E
TAF. Iz s-r� 00' -a 1 150' > ber m ps
Prop. Net Acreage: Gross Acreage:�4 k.Prop.Square Footage: ,�c
40' -b 20`.
Value of Improvement: - 1 Fed Date of Completion:
Will Project be\ +Nl,li
Phased: NO If yes, Est'd Completion of each Phase:
Existing Use: VtET- Proposed Use: - ' _
Name of Applicant:/ onsultan epresentative(circle one): f UT(YIY�►�c �5� li�-�
Address of Applicant: 41 2 )'gmJCJDi �'Q � 3M
Business Telephone Home: Fax: . 04q�
• Updated 3/14/03
Name of Property Owner: AAA VA tk• 'MAR-eA,-7 tl o ( Ai.\ b .V,0Q yewT L-
Address of Property Owner: 51- M0114-rV ST. 't-)E►ZJFL,UX,C N>0 1?0"LOLe
® Business Telephone:30h•082•3Zi j Home: Fax: qFA•q7A • D 1
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 BEACH CITY
COMMISSION.
Sworn to and subscribed before me Applic Consultan a entative:
This day ofMA,_C 20 O3
Signature: Date:
Sign Name of Notary Public (Print Name)
State of( 00al DA )
Print Name of Notary Street Address,City,State and Zip Code IEDc*�R-+PcVotl i VL vy%_!)
Commission Expires: a' /��� 5U?1 •qq�- Log 11 i f5101 oL4-gq
Seal: Telephone No. &Fax No.
,Victory A.Hewett
Feb. 1.
Beaded Thus
Atlantic Bonding Co.,Inc.
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) NicA?.LV7 Mk*t A to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This QM day of AA C i4 20-M
Date: - —D
Sign Name of Notary Public Pnnt Na e)
State of( r~/pel Qfc, )
1/iC�Td (Q ' kUV T ;;vy
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: H2 YZe 122
Seal: Telephone No.&Fax No.
Y a' Victoria A.Hewett
►A '^Commission#moong
® ; c &:pity Rt. 1.20M
- l Banded Ibm
'�'FOF,0 Atlantic Bonding co.Inc.
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: APRIL 13, 2004
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS -VA-72-03 VARIANCE REQUEST
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND: -VARIANCE REQUEST TO ALLOW THE
FOLLOWING:
VARIANCE REQUEST TO ALLOW A REDUCTION IN INTERIOR SIDE YARD BUILDING
SETBACKS, A REDUCTION IN INTERIOR SIDE YARD BALCONY SETBACK, AND AN INCREASE
IN BUILDING HEIGHT.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
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 April 8, 2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
® DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: April 13, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director C Cam_
Corinne Church, AICP, Principal Planner
SUBJECT: Request by Charles Putman & Associates, on behalf of
Barry N. Morris c/o Ocean Development, LLC, for a
Rezoning, Special Exception (including approval of PUD
Paster Plan), and Setback and Height Variances to
construct a 14 story multifamily residential building.
Property (19.41 acres) located on the north side of Dania
Beach Boulevard approximately 300 feet east of the (Motel
Six.
RZ-70-03 - Rezoning:
® Request to rezone approximately 19.41 acres from C-2 (Commercial) and RM
(Up to 12 dwelling units per acres) to RM-2 (Up to 16 dwelling units per acre).
SE-71-03 - Special Exception (PUD Master Plan)
Special Exception request to approve a Planned Unit Development (PUD-2)
Master Plan in a RM-2 zoning district to allow a 160 foot (14 story)
condominium.
VA-72-03 - Variance:
Variance requests to allow a reduction in interior side yard building setbacks, a
reduction in interior side yard balcony setbacks, and an increase in building
height to 160 feet (62 feet allowed).
Rezoning Request
Current Zoning: The subject parcel is vacant. The parcel abuts West Lake
Park to the east, Dania Beach Boulevard/West Lake Park to the south, the Harbor
Town Marina to the north, and undeveloped C-2 property to the west. The path
r of the proposed underground AES Ocean Express Natural Gas Pipeline will run
parallel to the east property line of the subject parcel in the City of Hollywood.
The subject property is not located within CRA boundaries.
1
® The rear portion of the property (approximately 15 acres located to the north and
northeast of Motel Six) is currently zoned for 234 apartment units. The rear
portion is very wet, and would be difficult to develop due to environmental
restrictions.
The front portion of the property (approximately 4 acres located 300 feet east of
the Motel Six on Dania Beach Boulevard) is zoned C-2 Commercial. C-2 allows
retail use, offices, hotels and motels of 100 rooms or more, multi-family housing,
and houses of worship. Based on the size of the C-2 parcel, it is estimated the
applicant could construct a 60,000 square foot shopping center.
Proposed Zoning: The applicant is requesting City Commission approval to
rezone the entire 19.41 acres to RM-2 Multi-family. RM-2 would allow 288
dwelling units (Shopping centers or stand alone retail uses would be prohibited if
zoned to RM-2). In 2003, the City Commission allocated 54 flex/reserve units to
the 19.41 acres. As such, proposed rezoning is consistent with the Future Land
Use Plan Map.
SPECIAL EXCEPTION (Planned Unit Development Master Plana)
The PUD master plan establishes development parameters such as building
location, building size, building height, and location of parking, open space, and
preservation areas. If the master plan is approved, the applicant must then
submit a detailed site plan that substantially conforms to the master plan. The
site plan is submitted for review by staff, the Planning and Zoning Advisory
Board, and the City Commission.
In this case, the PUD Master Plan divides the property into two separate parcels;
a 15 acre "no development zone" (located to the north and northeast of Motel
Six), and a four acre 'development zone (fronting Dania Beach Boulevard). These
designations are consistent with maintaining the wetlands while clustering
development on uplands adjacent to Dania Beach Boulevard.
The development zone includes a single building comprised of two (2) residential
towers, each 160 feet tall, connected by a multi-level parking garage and
recreation facility. The front tower has 270 feet of frontage on Dania Beach
Boulevard and is setback 60 feet from the right-of-way line. The parking
structure is located behind the front tower. Based on the master plan, the
proposed condominium towers will be located 950 feet from the nearest existing
low-rise residential development (Country Squire Townhomes).
The PUD Master Plan meets the objective of prohibiting development on sensitive
environmental lands. However, there are other issues that need to be addressed
as part of the site plan approval process.
2
(a) Additional architectural modifications are necessary to mitigate
the size and scale of the building, particularly along Dania Beach
Boulevard where a 60 foot setback is provided.
(b) Applicant is responsible for assuming cost to bring water and
sewer service to this site. Applicant to demonstrate, to the
Public Services Director, the ability to meet these requirements.
(c) Applicant to demonstrate, to the City Fire Marshall, compliance
with emergency vehicle access and fire flow requirements.
(d) Applicant to record a conservation easement prohibiting
development of the no development zone.
VARIANCES
The PUD Master Plan meets front and rear setback requirements, as well as the
40% pervious area requirement. The master plan does not comply with side
yard setbacks or the maximum height. The applicant is requesting side setback
variances to allow the building and balconies to encroach into the east and west
setbacks. The applicant is also requesting a variance from the maximum building
height. The dimensions of the requested variances are listed below.
Required (Proposed Requsrad Pooposed
Buildm�/ ` Build�n L Bal�on�/ Balton
Setback '$kback Sette'ack Settiacic.
Front Yard 50' 69' 46' 62'
East Side Yard 40' 24' 36' 18'
West Side Yard 40' 37' 36' 34'
lWax�mutri
h proposed
f BtBtlding :, Bullding
` Hei `ht,, sBiei'ht
�-M n p
5 7
Height 5 Stories/ 62' 14 floors/160` n/a n/a
ANALYSIS
Rezoning from RM-2/C-2 to RM: The applicant has request approval to increase
current development potential from 234 to 288 dwelling units while eliminating
any retail/commercial use (Additional retail is not required given the location of
two community shopping centers within 1/2 mile of the site). Based on the
location of the property and the surrounding land use and zoning designations,
staff recommends approval of the zoning change.
Special Exception/Planned Unit Development Master Plan: The applicant's
request to limit development to the upland portion of the property is consistent
with the intent of the Planned Unit Development option. The PUD master plan
limits development to approximately 25% of the site, and restricts development
to that portion of the site located over 950 feet away from any existing low-rise
residential development. For these reasons, staff supports approval of the PUD
Master Plan with conditions (Exhibit "A') which also address the variance
requests.
3
Setback Variances: The applicant has requested a side yard setback variance
along the east lot line. This variance is not unreasonable since the adjoining
property has a "Conservation" designation (West Lake Park) and is very unlikely
to be developed.
The applicant has requested a side yard setback variance along the west lot line.
This variance is not unreasonable since the variance is minimal (three feet) and
the adjacent property is zoned C-2.
Building Height Variance: The applicant has requested a height variance to
construct a 14 story, 160 foot tall building. The City Commission approved a
similar height variance on this same property in 1987 to allow a 12 story building.
The 1987 variance was not acted upon and the tallest existing residential
buildings in the City are 70 feet or less in height.
The CRA Plan (approved by the City Commission) recommends six to eight story
buildings along portions of Dania Beach Boulevard and along US 1 north of
Stirling Road. The City Commission granted conditional, tentative approval for a
10 story mixed-use building to be located on the Pirates Inn/Fish Grill properties.
The city code requires a 4/5 supermajority Commission vote to approve buildings
in excess of 62 feet. From a staff perspective, a 14 story condominium is
excessive in most locations in the City. This site, which is not located within the
CRA, may be appropriate based on the following:
1. The site abuts West Lake Park to the east and south, undeveloped
commercial property to the west, and Harbor Town Marina to the north.
2) This site is the most easterly privately-owned land in the City.
3) This site is not located within the CRA.
4) Access is restricted to Dania Beach Boulevard.
5) The site is located over 300 feet from residential development and 950
feet from existing residential development.
6) The PUD Master Plan preserves approximately 75% of the total site, while
limiting development to 25% of the site.
Based on the above, staff can offer conditional support (see attached Exhibit "A')
for the height variance. This support is subject to confirmation from the City
Attorney that a 14 story height variance for the subject property does not set a
• precedent for 14 story buildings at other locations along Dania Beach Boulevard.
4
NOTIFICATION
® Notice included a 1/4 page newspaper ad (Miami Herald) for the April 13, 2004
City Commission Public Hearing plus mailed notice to property owners (and
condominium associations) within 300 feet of the subject property. Notices were
sent out (regular mail) 10 days before the Planning and Zoning Advisory Board
public hearing and City Commission public hearing (second reading).
Copies of the 1/4 page advertisement (Miami Herald), notices to property owners,
300 foot notification area map, and list of notified property owners are included in
the backup.
STAFF RECOMMENDATION
Rezoning: Approval.
Special Exception and PUD Master Plan: Approval based on the submitted master
plan, subject to conditions referenced in Exhibit"A".
Setback and Heiciht Variances: Approval based on the submitted master plan,
subject to conditions referenced in Exhibit"A".
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Rezoning: Approval.
Special Exception and PUD Master Plan: Approval based on the submitted master
plan, subject to conditions referenced in Exhibit"A".
Setback and Height Variances: Approval, Approval based on the submitted
master plan, subject to conditions referenced in Exhibit""A".
5
EXHIBIT A
(1) Unity of Title (connecting all described parcels) to be approved by the City Attorney
and recorded at Broward County by August 1, 2004.
(2) Applicant to record deed restriction or some other legal mechanism (approved by the
City Attorney) by which the applicant can voluntarily restrict the development of this
parcel to condominium. The voluntary restriction should be enforceable against
subsequent owners. Document to be recorded by August 1, 2004.
(3) Condominium documents, to be furnished prior to site plan approval, to disclose
airport runway expansion plans (and noise impact upon project) as well as the
planned route of the AES Ocean Express Natural Gas Pipeline.
(4) Architectural modifications deemed necessary by the City Commission to mitigate the
size and scale of the building, particularly along Dania Beach.
(5) Applicant is responsible for assuming cost to bring water and sewer service to this
site. Applicant to demonstrate, to the Public Services Director, the ability to meet
these requirements.
(6) Applicant to demonstrate, to the City Fire Marshall, compliance with emergency
vehicle access and fire flow requirements.
(7) Applicant to record a conservation easement prohibiting development of the no
development zone (Planning and Zoning Advisory Board recommended recording
document prior to issuance of a building permit).
(8) The applicant's attorney shall submit documentation by August 1, 2004, that
applicant, individually and in a corporate capacity, for all lots included within this
project, understands and agrees that special exception and variance approval confers
no vested rights or entitlements with respect to any the following:
(a) Site design, building design, parking configuration, architecture, or
Fire-Rescue Department requirements.
(b) Compliance with water, sewer, paving, and drainage requirements.
(c) Compliance with environmental regulations of any other government
agency.
(d) Site plan approval by the City Commission.
(9) Special exception, master plan, and variance approvals (as per the foregoing
conditions) shall be valid until April 13, 2005, provided applicant complies with
Conditions 1, 2, and 8 by August 1, 2004.
6
Ocean Development Property
Project Polio Numbers
1023509 00100
1023509 00200
1023509 00300
1023500 01900
1023513 00200
i
OCEAN :. =VELOPMENT PRO( CT
DAN IA BEACH, FLORIDA
LOTS 1, 2, AND 3 "THE PAVILION" ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 77, AT PAGE 20, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
TOGETHER WITH:
THE EAST 1/2 OF THE NW 1/4 OF THE NE 1/4 OF THE SW 1/4, SECTION 35, TOWNSHIP .
50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, AND THE WEST 30 FEET
OF PARCEL 'A', "RODDY DANIA PLAT NO. 1", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 102, AT PAGE 26, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
N
LEGAL DESCRIPTION
CHARLES PUTMAN & ASSOCIATES, INC.
LAND DEVELOPEMENT CONSULTANTS
PLANNING - ZONING - PERMITTING
4722 N.W. BOCA RATON BOULEVARD-SUITE C106
BOCA RATON, FLORIDA 33431
PHONE: (561)994-6411 -FAX:(561)994-0447
VARIANCE REQUEST
OCEAN DEVELOPMENT PROPERTY
DA1oTIA BEACH BOULEVARD
September 17, 2003
Herein transmitted is a formal request for multiple variances necessary for the development of
Parcel W,as defined by the Ocean Development PUD.
This request is necessary to develop the property efficiently with out disturbing the high quality
wetlands that exist on Parcel W. The applicant is making this request in conjunction with a re-
zoning and a PUD special exception petition to define their development potential. The
applicant hopes to file their final site plan immediately after these approvals are in place. The
variances that are being requested are as follows:
• A 20& variance from the 40& side building setback requirement to allow for
Ca east side setback of 20& to accommodate the residential tower locations.
• A 5&variance from the 40& side building setback requirement to allow for a
west side setback of 35 &to accommodate the residential tower locations.
• A 15 ft. variance from the 50'side setback requirement for a parking garage to
allow a minimum side setback of 35 ft on both the east and west. This has been
requested to minimize the height ofthe parking garage and to provide the parking
required by code.
• A 7 story/ 60 & variance from the 8/90 & height requirement to allow a
maximum building height of 15 stories/150 & This will be necessary for the
residential towers and will allow for the 288 dwelling units the proposed Land
Use allows.
In most cases we have been able to meet the requirements of the RM-2 Zoning category as can
be seen in Table I - Variance Comparison. However, due to the unique design of this
development,dictated by the environmental constraints,we would like to request the Variances
outline above.
CHART FS PU7A"&aC OCIdTES
PLANNERS I LAND DEVELOPMENT CONSULTANTS
Boca Raton,Fkx1do 1(561)994-6411
OCEAN(DEVELOPMENT t'ROPERTY September 17,2003
DANIA BEACH BOULEVARD Page 2
VARIANCE REQUEST
•
SPECL L EXCEPT 10-N"NING CR[T'ERU 610.10:
Se-coon
(a.) That special conditions and circumstances exist which are peculiar to the land structure
or building involved and which are not applicable to other lands,structures or building
in the same zoning district.
77se subject site is a very unique parcel of land that has its own particular set of
circumstances unrelated to other properties in the area.
(b.) That the special conditions and circumstances do not result from the actions of the
applicant.
The special environmental and locadonal conditions that require unique design
solutions and these associated Variances are not the result of actions by 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 structure in this same
zoning district.
The approval of the variances requested herein,will allow the applicant to achieve the
density that is called for on the City's Land Use Map and which is allowable within the
RM 2 Zoning category. The Variances requested are related to project design and not
overall intensity.
(d.) That literal interpretation of the provisions of this chapter would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this chapter and would work unnecessary and undue hardship on the applicant.
The literal interpretation of the Land Development Code would require that the
applicant modify his plans to construct a less desirable project or attempt to encroach
further into the adjacent environmental area to achieve the allowable density. Neither
option would be desirable and would represent a hardship for the developer.
(e.) That the variance granted is the minimum variance that will make possible the
reasonable use of the land,building or structure.
The Variances requested are the minimum needed to allow the proposed project to
proceed.
�• CHARLES PUTMAN&ASSOCIATES
PLANNERS I LAND DEVELOPN ENT CONSULTANTS
Boca Raton,Florida 1(561)994-6411
OCEAN DEVELOPMENT PROPERTY September 17,2003
DANIA BEACH BOULEVARD Page 3
VARIANCE REQUEST
• f. That the t of the variance will be in h
( ) gran armony with the general intent and purposed
of this chapter, and that such variance will no be injurious to the area involved or
otherwise detrimental to the public welfare.
The Variances being requested will allow the applicant to construct a project that will
cluster the density of the proposed project on to existing upland areas without
requiring encroachment into environmentally sensitive areas. This is a development
approach that is consistent with the City'sgrowth management objectives. In addition,
the resulting development will be consistent with the re-development and re-
vitalization plans for the Dania Beach Boulevard corridor in the City.
VuReq 9-17-03.wpd
CHARL ES PUTMAN&ASSOCIATES
PLANNERS I LAND DEVELOPMENT CONSULTANTS
Boca Raton,Flodda 1(561)994-6411
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Pubilc Hearing Notices
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
5E-71-03/VA-72-03
NOTICE IS HEREBY GIVEN that a public hearing will be
held before the City Commission on Tuesday,April 13,
2004,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:
Applicant:Charles Putman&Associates
Property Owner:Barry N.Morris c/o Ocean Develop-,
ment;LLC
Location:East of Gulfstream Road and North of Dania l
Beach Boulevard.
1.Special Exception request to allow a Planned Unit
Development(PUD-2)in an RM-2 zoning district.
2.Variance to allow,24 foot to 37 foot interior side
yard setbacks(40 feet required);variance to allow 18
Foot to 34 foot interior side yard setbacks(36 feet re-
quired); and a variance to allow'a 160 high building
(Maximum 62 foot height allowed).
The above requests are in conjunction with a proposal
to construct a 15 story multifamily residential build-
ing on,a parcel of land located on the north side of Da-
nia Beach Boulevard approximately 300 feet east of
the Motel Six.
Legally described as-Parcel 1:Lot 1 and the south
310 feet of lot 2,'The Pavilion',according to the plat
thereof,as recorded in plat book 77,at page 20,of the
® public records of Broward County,Florida.Parcel 2:
All of Lot 3 and Lot 2,less the south 310 feet thereof,
as measured along the east and west boundary lines
of'The Pavilion',according to the plat thereof,as re-
corded in plat book 77, at page 20, of the public
records of Broward County,Florida.Parcel 3:The East
1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4,Section
35, Township 50 South, Range 42 East, Broward
county, Florida, and the west 30 feet of parcel 'A',
'Roddy Dania Plat No.1%according to the plat there-
of,as recorded in plat book 102,at page,26,of the
public records of Broward County,Florida.
Copies of the proposed request is available for view-
ing in the Community Development Department,100
West Dania Beach Blvd., Dania Beach, Florida be-
tween the hours of 8:00 a.m.and 4:00 p.m.,Monday
Friday please call(954)924-3645 for more informa-
tion.Interested parties may appear at the public hear-
ing and be heard with respect to the proposed peti-
tion.
In accordance with the Americans With Disabilities
Act,persons needing assistance to participate in any
of these proceedings should contact Charlene John-
son, 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 proceed-
ings is made, which record includes the testimony
and evidence upon which the appeal is to based.
Lou Ann Cunningham
Planning Associate
April 2,2004
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
SE-71-03 / VA-72-03
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, April 13, 2004, 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:
Applicant: Charles Putman & Associates
Property Owner: Barry N. Morris c/o Ocean Development, LLC
Location: East of Gulfstream Road and North of Dania Beach Boulevard.
1. Special Exception request to allow a Planned Unit Development (PUD-2).
2. Variance to allow a reduction in interior side yard building setbacks and interior side yard
balcony setbacks as follows:
BUiltllrlg I� BalGOny "
Setbacks. Setback .
.. ,;Required..... ,. . iPr'oposed.a .,..,., Requiretl ', .? Proposed ;'.
East Side Yard 40 feet 24 feet 36 feet 18 feet
West Side Yard 40 feet 37 feet 36 feet 34 feet
® 3. Variance to allow a 160 foot tall multifamily residential building (62 feet allowed).
The above requests are in conjunction with a proposal to construct a 160 foot tall multifamily
residential building on a parcel of land located on the north side of Dania Beach Boulevard
approximately 300 feet east of the Motel Six.
Legally described as - Parcel 1: Lot 1 and the south 310 feet of lot 2, "The Pavilion", according to the
plat thereof, as recorded in plat book 77, at page 20, of the public records of Broward County, Florida.
Parcel 2: All of Lot 3 and Lot 2, less the south 310 feet thereof, as measured along the east and west
boundary lines of "The Pavilion", according to the plat thereof, as recorded in plat book 77, at page 20,
of the public records of Broward County, Florida. Parcel 3: The East '/2 of the NW %4 of the NE Y4 of
the SW %, Section 35, Township 50 South, Range 42 East, Broward County, Florida, and the west 30
feet of parcel "A", "Roddy Dania Plat No. 1", according to the plat thereof, as recorded in plat book 102,
at page 26, of the public records of Broward County, Florida.
Copies of the proposed request is available for viewing in the Community Development Department,
100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:30 a.m. and 4:30 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 Charlene Johnson, 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 Notice Date: Friday, April 2,2004
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