HomeMy WebLinkAboutR-2006-208 Aqua Isles Dumpster Appeal RESOLUTION NO. 2006-208
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK
CONTAINER ON RESIDENTIAL PROPERTY, SUBMITTED BY CARR
RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD,
DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Sec. 13-75,"Dumpsters",of the City Code of Ordinances regulates the location
and construction of bulk container enclosures in a manner that promotes the public health and safety
and lessens or otherwise mitigates the visual impact of such bulk containers upon the community;
and
WHEREAS,Matt Jackson, an engineer with Calvin Giordano and Associates,on behalf of
the owner,Aqua Isles by Carr Residential,LLC,has applied for an appeal (AA-79-06),to allow the
maximum distance from the dumpster to a residential unit to be 185 feet. (Chapter 13 Health and
Sanitation, Section 13.75 (e)(5)of the City Code of Ordinances provides that enclosures located in
residential zoning districts shall be located no further than one hundred fifty(150)feet from any on-
site dwelling unit);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain request for appeal, a copy of which is attached and made a
part of this Resolution as Exhibit"A", is approved with the condition that documentation from the
solid waste handler is submitted stating that the dumpsters are large enough to accommodate pick up
2 times per week.
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repealed to the extent of such conflict.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 November 28, 2006.
PATRICIA FL RY
MAYOR-COMMISSIONER
AT EST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED 4S TO MFND CORRECTNESS
BY:
THO AS V ANSBRO
CITY ATTNEY
2 RESOLUTION #2006-208
-= City of Dania Beach, Florida
- Department of Community Development
Planning and Zoning Division
(954) 924-3645
General Development Application
❑ Assignment of Flex/Reserve U
❑ Land Use Amendment n ('
❑ Plat ,�.� l r
❑ Plat Delegation Request
7 Do
❑ Rezoning OCT 1 6 20U6 Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.: "—L' --1— -!—u
❑ Special Request g
❑ Trafficway Waiver Dpn �.epartment
IN 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 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 application. 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: 3901 Griffin Road, Dania Beach, FL 33004
Lot(s): N/A Block: N/A Subdivision: N/A
Recorded Plat Name: N/A
Folio Number(s):- 0230-00-0280 Legal Description: See attached Exhibit A
Applicant onsultan Legal Representative (circle one) Matt Jackson
Address of Applicant: 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316
Business Telephone: 954 921-7781 Home: _ Fax: 954 921-8807
Name of Property Owner: Carr Residential
Address of Property Owner: 1560 S. Dixie Hwy, Suite 211, Coral Gables, FL 33146
Business Telephone: 305 666-4900 Home: Fax: 305 666-8886
Explanation of Request: Increase distance allowed between dumpsters and buildings.
Prop. Net Acreage: 10.35 Gross Acreage: 11.266 Prop. Square Footage: N/A
Existing Use: Vacant Proposed Use: Multi Family Residential
Is property owned individually, by a corporation, or a joint venture? Corporation
I understand that site plan and variance approval automatically expires within 12
months of City Commission approval, pursuant to Ordinance No. 2005-040.
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A is /Owner signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/C sult t/Representative:
This day of 20_
Signature:_
Date: /U -i Z — 0 !!;,
ly4 f-f— T� reJ
Sign Name of Notary Public (Print
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 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:
i n Name of Notary Pu is (Print Name)
t teof( -Id.2 ,
— Cl ' �—
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
JOAGLIETTA NNE MA Telephone No. & Fax No.
Notary Public-State of Florida
•5 My Commission Expires Jun 9,2009
Commission#DD 439314
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� Bonded By National Notary Assn.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Nam
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JOINT!VENTURE/PARTNERSHIP 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.
Aqua Isles
6901 Griffin Road
Dania Beach
Dumpster Variance Justification
Calvin Giordano requests a variance from Section 13-75(e) of the City Code which
requires a distance of no more than 150 feet between dumpsters and dwelling units. The
site plan has been approved with the current design and provision for six dumpsters.
However, it has been determined that two of the dumpsters are located not only within
close proximity of dwelling units, but also will lower the aesthetic value of the proposed
development. We request the strategic placement of four dumpsters throughout the site,
still providing the opportunity for equal use and without causing overflow at any
dumpster location. To ensure this, the site's refuse will be picked up three times a week,
and this information has been placed in the provided Homeowner's Association
Documents. The reduction will slightly increase the Code requirement distance between
some of the buildings and the dumpsters.
The requirements for a variance and the applicant's responses are set forth below:
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 buildings in the same zoning district;
The property the proposed development only allows for a specific layout of the
multi-family buildings. Due to the layout, providing adequate dumpsters for
twice a week delivery required six dumpsters. As previously mentioned,
providing all six dumpsters would cause two of the dumpster's placement to
encroach on buildings. Furthermore, these two extra dumpsters will to lower the
overall aesthetic value of the property.
B. That the special conditions and circumstances do not result from the
applicant;
The refuse provider has agreed to provide service three times a week, thereby
eliminating the necessity for six dumpsters. Furthermore, if the applicant had
been aware of this option during the initial site plan design phase, this option
would have been presented to the City.
C. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands, buildings or
structures in this same zoning district;
The variance only stems from the result of a new refuse service schedule. No
special privilege beside a minor increase of distance allowed between buildings
and dumpsters is being requested. In the futUre, similar proposed developments
will have the available option of utilizing three times a week service. When
utilizing this option, the proposed site plans will then also have the opportunity to
provide less dumpsters, thereby increasing overall aesthetic value.
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;
Literal interpretation of the provisions of this chapter would cause the two
additional dumpsters to impede the rights of the applicant in such areas as
pedestrian traffic flow, open space and general aesthetics. These are very
important amenities that potential homeowners look at while contemplating new
residential location. The applicant,if made to provide six dumpsters, will then be
forced to contend with potential home buyer's concern over the dumpsters located
in front of their residence, and their adverse effects on the property such as
unsightliness, narrowing of sidewalks, and loss of open space.
E. That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structures.
The variance granted will be the minimum necessary due to the applicant
relocating two of the remaining four dumpsters so that the distance between them
and the surrounding buildings is at the lowest possible.
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 no to be injurious to the
area in involved or otherwise detrimental to the public welfare;
As stated in Section 13-75 of the City Code, "It is the intent of this section to
regulate the location and construction of bulk container enclosures in a manner
that promotes the public health and safety and lessens or otherwise mitigates the
visual impact of such bulk containers upon the community.
The granting of this variance will adhere specifically to the intent in that the
visual impact of the containers will decrease. Furthermore, the provision of four
dumpsters will not be injurious to the area or detrimental to the public welfare.
The area will be improved aesthetically and will be safer for pedestrian
movement. The combination of all issues presented will then work together to
add quality to the public welfare of the residents.
CITY OF DANIA BEACH
Agenda Item #
Agenda Request Database
Date of Commission Meeting: 11/28/2006
Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid/RFP ❑ Presentation ❑ Continued from:
RESOLUTION NO.2006-208 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE APPEAL REQUEST PERTAINING
TO THE LOCATION OF A BULK CONTAINER ON RESIDENTIAL PROPERTY, SUBMITTED BY CARR RESIDENTIAL,LLC, FOR PROPERTY
LOCATED AT 3901 GRIFFIN ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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Dept: Acct#: Amt:
Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
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AA-79-06: The applicant, Matt Jackson, on behalf of the owner, Aqua Isle by Carr Residential, LLC., is requesting a
variance for the previous approved townhouse project located at 3901 Griffin Road.
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Resolution
Staff Report
Application
Public Hearing Notice
Location Map
Mailing List
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
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Submitted by
Laurence Leeds Date
Department Director
Laurence Leeds Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
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Commission Action:
0 ' Approved: ❑ Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: November 28, 2006
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director C
Corinne Lajoie, AICP, Principal Planner
SUBJECT: AA-79-06/SP-36-05: The applicant, Matt Jackson, on behalf of
the owner, Aqua Isle.by Carr Residential, LLC., is requesting a
variance and site plan modification for the previous approved
townhouse project located at 3901 Griffin Road.
VARIANCE
To allow the maximum distance from the dumpster to a residential unit to be
185'; code requires a maximum distance of 1 50'.
SITE PLAN Modification
To allow the reduction of 2 dumpsters on a previous approved site plan.
On July 25, 2006 the City Commission conditionally approved a site plan at this
location for the construction of 127 town homes.
ANALYSIS
The City Code requires no dwelling unit be greater than 150 feet from a dumpster.
The approved plan, with six dumpsters, meets this requirement. The applicant
wishes to eliminate two of the six dumpsters, claiming that four dumpsters are
sufficient if trash is picked up 3 times per week. However, many units are now 180
feet from a dumpster, requiring the variance.
Staff has no objection to the travel distance variance. Applicant has indicated that
the HOA documents will require 3X per week pickup. However, the City has no
authority to enforce HOA restrictions.
RECOMMENDATION
• Because the City cannot enforce HOA regulations, staff recommends sufficient
dumpster capacity be available to accommodate the standard QX week) residential
pickup.
Staff can support the variance and site plan modification provided the solid waste
handler documents the dumpsters are large enough to accommodate ZX week
pickup.
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
AA-79-06
• NOTICE IS HEREBY GIVEN that a public hearing will be held before the:
Dania Beach City Commission on Tuesday, November 28, 2006, at 7:00 p.m., or as soon thereafter
as possible in the Dania Beach 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:
Request by applicant Matt Jackson, Engineer with Calvin Giordano and Associates on behalf of
the owner, Aqua Isles by Carr Residential, LLC, 3901 Griffin Road, Dania Beach, Florida, for
approval of the following:
AA-79-06 — Appeal to allow the maximum distance from the dumpster to a residential unit to be 185%
(Chapter 13 Health and Sanitation, Section 13.75 (e) (5) states that enclosures located in residential
zoning districts shall be located no further than one hundred fifty (150) feet from any on-site dwelling
unit).
SP-36-05(Mod) — Site Plan modification to allow four garbage dumpsters (Six dumpsters shown on the
approved site plan).
Legally Described as: The South 11 Acres of that part of the West 20 acres of the Southwest '/4 of
Section 30, Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully
described as that portion bounded by a line starting at the Southwest corner of said Section 30; thence
easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence North making an
included angle of 85 DEG 45 MIN 10 SEC a distance of 925.68 feet more or less to a point on the West
boundary of said Section 30, 886.69 feet North of the Southwest corner of said Section 30; thence
Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the point of
beginning; said lands situate, lying and being in Broward County, Florida, wua Real Estate and
improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile
Home Park." Being the same land described as: Beginning at the Southwest corner of Section 30, thence
East along the south boundary 530.14 feet, North 925.96 feet, West 528.68 (feet) more or less to a point
on the West boundary of Section 30, 886.69 (feet) North of the Southwest Corner; thence South along
said West boundary 886.69 (feet) to the Point of Beginning, less (the) South 53 feet for county road,
Section 30, Township 50 South, Range 42 East, lying and being in Broward County Florida, as set forth
in that certain Trustee's Deed dated June 20, 1991, recorded September 12, 1991 in Official Records
Book 18740, at Page 421, of the Public Records of Broward County, Florida. Also known as:
BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward
County, Florida; THENCE North 01 DEG 46 MIN 18 SEC West on the West line of the Southwest one-
quarter (SW '/4) of said Section 30, a distance of 886.69 feet; Thence North 88 DEG 13 MIN 56 SEC
East, a distance of 528.68 feet; Thence South 01 DEG 46 MIN 18 SEC East, a distance of 925.96 feet to
a point on the South line of the Southwest one-quarter (SW '/4) of said Section 30; THENCE North 87
DEG 31 MIN 11 SEC West, on the South line of the Southwest one-quarter (SW 1/4 ) of said Section
30, a distance of 530.14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet
for County Road per Official Records Book 18740, Page 421 of the Public Records of Broward County
Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,005
square feet (10.35 acres), more or less.
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 8:00 a.m. and 4:00 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 Louise Stilson, 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 Planning and Zoning Advisory Board or 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: November 17, 2006 Location Map
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