HomeMy WebLinkAboutR-2002-106 RESOLUTION NO. 2002 - 106
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY MICHAEL SHIFF, PRESIDENT OF THE SHIFF GROUP,
FROM CHAPTER 12, ARTICLE III,SECTION 12-52, FOR PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF DANIA BEACH BLVD. AND SE 2ND AVENUE, 200
EAST DANIA BEACH, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 12,Article III, Section 12-52 sets the
finished floor elevation requirements for the City of Dania Beach; and
WHEREAS, Michael Shiff, President of the Shiff Group has applied for a variance(VA-35-02)to
allow a proposed finished floor elevation of 6' (six feet) (NGVD) for property located at the southeast
corner of Dania Beach Blvd. and SE 2nd Avenue, 200 East Dania Beach Blvd., Dania Beach; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That that certain application VA-35-02, for a variance as described above (from
requirements in Chapter 12, Article III, Section 12-52, a copy of which is attached as Exhibit "A" 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed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 THIS 9T" DAY OF JULY, 2002.
RT H. HUNVJR.
M YOR— COMMISSIONER
7
1 RESOLUTION NO. 2002-106
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
RLENE JOH N COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FARM AND CORRECTNESS:
BY:
T O AS-:J. ANSBRO
CITY/ATTORNEY
2 RESOLUTION NO. 2002-106
AGENDA REQUEST FORM
CITY OF DANIA BEACH 07
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 07/09/02
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST-VA-35-02
MICHAEL SHIFF, PRESIDENT, SHIFF GROUP
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance Request From Chapter 12,Article III Section 12-52 Reduction In Finished
Floor Flood Elevation
5. Attached Exhibits and additional backup materials (please list):
STAFF MEMORANDUM
RESOLUTION
LETTER OF REQUEST FROM MICHAEL SHIFF, PRESIDENT SHIFF GROUP
PUBLIC HEARING NOTICE/MAILING LIST
LOCATION MAP
•
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF
Submitted by: Date
Kenneth Koch, Building Official June 5, 2002
Growth Management Department
Administrative Services/Risk Management Date
City Manager Date
4emorandum
w
TO: Ivan Pato, City Manager
From: Ken Koch, Building Official
Date: 6/18/02
Re: Flood Variance Request by Shiff
Michael Shiff,president of The.Shiff Group proposes to build two buildings on East
Dania Beach Boulevard. The developer has been before both the Planning and
Zoning Board and the:Commission and has received approval for the project. The
developer finds that he will have a hardship in trying to build the 2 buildings to the
first floor elevation of 8' above mean sea level as required by section 12-52 (2) of
the Dania Beach Code of Ordinances. The Commission may grant a variance from
this requirement of the city's ordinance if the applicant can show conformance with
the provisions of section 12-34 (1)-(11).
® The Shiff group will be presenting evidence to this effect at the commission meeting
of July 9. A part of the proposal is that the first floor elevation will meet the
minimum of 6' above mean sea level as prescribed by the Federal Emergency
management Act's Flood Insurance Rate Map. Dania Beach's ordinance, as adopted
on 2/9/88, established a more restrictive requirement(8') than the FIRM (6').
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'ENT BY: MTCHAEL A. SHIFF & ASSOCIATES; 054 463 8552; JUN-25-02 11 :14AM; PAGE 2/2
00", a j.ff ®up
• 1101, F I(is Olas Boulevard
Suite 200
Fort Lauderdale Niu,i In 33301
25 June 2002 95.1/463 090U r 9ti4!183 ?552
r L Key.AA CM.J213 CC CU613;-8 i
Mr. Larry Leeds
vww.sh it`f.corn
Director of Growth Management
City of Dania Beach, Florida
Re_ Request for variance Street and Main
Dear Mr. Leeds,
I wish to offer the following; responses to Section 12-34(e) of the City Cod :
(1) There will be no danger of materials being swept onto other lands since allj
materials be kept inside in enclosed areas. ll
(2) There will be no danger to life and property due to the fact that' he first floor
elevation of the building;will meet FEMA regulations and that hurricane
shutter protection will be provided. in addition all living units ill be loca ed
on the second floor at elevation +18'.
(3) Since the first floor elevation will meet FEMA, the susceptibility to flood
damage is minimal and all tenants will be required to obtain flood insurance.
(4) There will be no tenants who provide life/safety recourses to the public.
(5) NA
(6) This is the only property the developer owns in the City of D is Beach.
(7) The City has determined that the proposed uses, Retail and Re idential arc
compatible with surrounding; uses.
(8) The proposed uses are consistent with the comprehensive plan and the
floodplain management program for the area.
(9) Access to the property during times of flooding is Dania Beac Blvd., which
is one of the Cities main arteries.
(10) None
(11) None
The variance requested is the minimum required for the construction of thle project i that
the surrounding streets and sidewalks are at approximately 5'-0" and the �roposed
building is at 6'-0", FEMA requirement. It'the building were raised any li�gher hand' ap
requirements could not be met and dangerous conditions would occur for vehicles
entering the property.
If you have any questions please feel free to call me.
Sincerely,
® The iff Group
i
Michael hill, President
t1 e m e n
e s i g re ;' b u i I ti ❑ a v' P i a K. �:
❑ t
954 463 8552
SENT BY: N-1ICHAEL A. SHIFF & ASSOCIATES; 954 463 8552; JUN-17-02 8:51AM; PAGE 1 /1
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l 101 F Las 01(-s Boulevard
Jvilr. 200
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17 June 2002
i
Mr. Larry Leeds
Director of Growth Management
City of Dania Beach
i
I
Re: Street and Main, a Mixed Use Development
Dear Mr. Leeds
As the Owner and developer of Street and Main, I wish to request a varian a from
Section 12 of the City Code which requires a first floor base flood elevation of 8'-0" We
instead would provide the FEMA base flood elevation of 6'-0".
Would you please have this request for variance, in accordance with Section 12-34,
placed on the City Commission agenda of July 9"' 2002.
I
Your assistance would be greatly appreciated.
I
I
Si
Michae hiff, President.
D
cc. Bob Smith John B. Smith Engineering g g JUN 17 2002
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design / build ❑ r e Li r, n rt s t r u c t i Y, m a I n a g e rn e n t
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§ 12-34 DANIA CODE
(c) Any person aggrieved by the decision of the city commission or any taxpayer may
appeal such decision to the circuit court of Broward County, as provided in the Florida Stat-
utes.
(d) Variances may be issued for the reconstruction, rehabilitation or restoration of his-
toric structures without regard to the procedures set forth in the remainder of this section,
except for subsection(h)(1)and(4),and provided the proposed reconstruction,rehabilitation,or
restoration will not result in the structure losing its historical designation and the variance in
the minimum necessary to preserve the historic character and design.
(e) In passing upon such applications, the city commission shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter; and
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
® (6) The availability of alternative locations,not subject to flooding or erosion damage,for
the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain man-
agement program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions in-
cluding maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above,and the purposes of this chapter,the city
commission may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter. _
(g) Variances shall not ba issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(h) Conditions for variances:
(1) Variances shall only be issued upon a determination that the variance is the min-
imum necessary, considering the flood hazard,to afford relief, and in the instance of
Supp.No.46 730
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, July 9,
2002, 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:
Petition: VA-35-02 -Variance request by Michael Shiff, President, Shiff Group, for the Mixed Use Building
located at the Southeast Corner of SE 2nd Avenue and Dania Beach Boulevard , Dania Beach. The request
is a Variance request From Chapter 12, Article III Section 12-52 Reduction In Finished Floor Flood Elevation.
The property is legally described as All of Lots 1, 2, 3, 4 ,5 and 6 of Marwood according to the Plat thereof, as
recorded in Plat book 32, Page 18 of the Public Records of Broward County, Florida.
Copies of the proposed petition are available for viewing in the Growth Management 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 Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
33004, (954) 924-3622, at least 48 hours prior to meeting.
to
person who decides to appeal any decision made by the City Commission with regard to any matter
nsidered 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 Technician
Mailed: Friday, June 28, 2002
For Location of property see the map on back of this notice
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