HomeMy WebLinkAboutR-2002-123 RESOLUTION NO. 2002 - 123
A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA
APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY
TAMARA WOHL, DANIA PLAZA INC., FOR PROPERTY LOCATED
AT, 56 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of
Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision or determination made by an
administrative official in the enforcement of this chapter; and
WHEREAS, Tamara Wohl, Dania Plaza Inc., property located at, 56 North Federal
Hwy., Dania Beach, has requested a zoning appeal from the following decisions of the Growth
Management Director:
® 1. Appealing the determination of the Growth Management Department that a playhouse
must provide parking on a 24 hour basis when the playhouse will offer performances
only after 6:00 pm, Monday through Friday and on Sundays when the retail stores
sharing the same parking areas will be closed.
2. Appealing the determination Growth Management Department that parking shall be
located on the same lot when sufficient parking is available both on-site and within 100
feet(by the same property owner) by means of an existing sidewalk that does not cross
any public streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain request dated August 13, 2002(ZA-45-02)for a zoning appeal,
a copy of which is attached and made a part of this Resolution 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repealed to the extent of such conflict.
1 RESOLUTION NO.2002-123
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 13th fAust, 2002.
CT UIR H. H JR.
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE J SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO =ORM AND CORRECTNESS:
BY:
TH MA J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO.2002-123
W.Lawrence Leeds
Growth Manager
City of Dania Beach
Dear Laity,
Thank you for visiting my property on Friday,July 20,2002. As discussed a local theatre
group wishes to rent approximately Z500 square fed in what was Dania Beaches'
Original movie theater.
The theatre groups"On The Boards Theatre Cody,Inc r,Linda Wells-Grossman is
the Allanaging Director along with her husband,fit"- They will contact Ken Koch to see
what is needed in this space so that we can be ready if the Commission grants us this
appeal.
We wish to appeal yore'determination that a playhouse must provide p on a 24-
hour basis when the playhouse will offer pe rfor mm on Thursday.Friday,and
Saturday 8 PM[to 10:00 PNE Sunday hours will be 2 PM to 4:30 PM. 1
retail stores
sharing and
g the same ping are open from10:00 AM to 4:30 PM during
the on
Saturdays.
There are twenty-five parking spaces on the property and ten spaces on the additional lot
to the south that I own.
We also wish to appeal the determination that parldog=W be located on the same lot
when sufficient parking is available just 100 feet south(owned by me)and accessible by
an existing sidewalk The performers and staff can park here.
The theatre group will eventually have fixed seats but until then,they will set up for
between an 'Q seats. The seating area will be between the four support poles. This
will be apately 1,000 squam feet or less for chairs.
I apprecude Your time and loop forward to hearing from You regarding our next step.
Sincerely,
—r.12
Tamara Wohl
y 954-927-1040
y �o �
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST 13, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—ZONING APPEAL ZA-45-02
PLAYHOUSE -56 NORTH FEDERAL HIGHWAY, DANIA BEACH.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Tamara Wohl, Dania Plaza Inc., for property located at 56 North Federal Highway, Dania Beach,
Florida:
1. Appealing the determination of the Growth Management Department that a
playhouse must provide parking on a 24 hour basis when the playhouse will offer
performances only after 6:00 pm Monday through Friday and on Sundays when the
retail stores sharing the same parking areas will be closed.
2. Appealing the determination of the Growth Management Department that parking
shall be located on the same lot when sufficient parking is available both on-site and
within 100 feet(by the same property owner) by means of an existing sidewalk that
does not cross any public streets.
• 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Memorandum
Letter from Tamara Wohl, Dania Plaza Inc.
Resolution
Public Hearing Notice/ Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept:
Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑
Account name: Professional Services Account#:
Finance Director Approval: Date:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by: Date
Laurence Leeds,AICP, Director July 30, 2002
Growth Management Department
City Manager Date
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Ivan Pato, City Manager
G G
FROM: Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: 1) Appealing the determination of the Growth
Management Department that a playhouse must
provide parking on a 24 hour basis when the playhouse
will offer performances only after 7:00 pm Monday
through Friday and after 12:00 noon on Sundays when
retail stores and other uses sharing the same parking
areas will be closed.
2) Appealing the determination of the Growth
Management Department that parking shall be located
on the same lot when sufficient parking is available
both on-site and within 100 feet (by the same property
• owner) by means of an existing sidewalk that does not
cross any public streets.
DATE: August 13, 2002 City Commission Meeting
LOCATION: Property Located At 56 North Federal Highway
APPLICANT: Tamara Wohl
Applicant wishes to lease out approximately 3,000 square feet of vacant retail
space for a theatrical playhouse. The playhouse would be located in an existing
two story retail building located on the east side of Federal Highway one-half block
north of Dania Beach Boulevard.
The building is located on a through-lot providing 25 parking spaces. Access to
the main parking area (20 spaces) is directly off U.S. 1 with egress onto NE 1st
Avenue. A secondary parking area (5 spaces; 10 spaces if tandem parking
allowed) is located directly behind the building.
Applicant controls a third parking area (5 spaces) behind 28 North Federal
Highway located 100 feet to the south. Total available parking controlled by the
. same applicant is 30 spaces (35 spaces if tandem parking is allowed).
TAMARA WOHLPLAYHOUSEAPPEAL.doc
• Applicant has requested the two appeals based on the premise that the retail and
playhouse uses will not be operated at the same time, and as such, it is not
necessary to provide 100% of the parking for both the retail and theatre uses
simultaneously. Applicant indicates:
1) Theatrical performances open to the public will only be offered after
7:00 pm Monday-Friday and after 12:00 noon on Sundays.
2) Retail stores and other uses will not be open at the same time as when
public theatrical performances are offered.
The parking code requires one parking space per each four seats. 30 parking
spaces would allow 120 seats. Staff believes occupancy should be limited to 90
seats until staff can evaluate the theatre in operation. If this appeal is granted for
a 90 seat theatre, the applicant may reapply to the City Commission to increase
seating in the future.
The applicant has met with the Building Official regarding improvements
necessary to meet building code "group occupancy" requirements. Preliminary
analysis indicates building code compliance with require substantial upgrades.
The City Commission lacks jurisdiction to modify these requirements.
RECOMMENDATION
• Approval, subject to the following:
1) Theatrical performances open to the public can only be offered after
7:00 pm Monday-Friday and after 12:00 noon on Sundays.
2) Retail stores and other uses shall not be open at the same time as when
public theatrical performances are offered.
3) Maximum 90 seats permitted (Applicant allowed to reapply to City
Commission to request additional seating).
4) Landlord to retain title to both 56 and 28 North Federal Highway.
5) Applicant to prohibit parking within 20 feet of Federal Highway during
public performances to allow one on-site stacking space (Additional
parking/traffic modifications, if required by BSO, shall be completed within
60 days of obtaining a certificate of occupancy).
6) Approval shall be limited to "On the Boards Theatre Company. Inc" (Alan
and Linda Wells-Grossman).
• 7) Applicant shall obtain a certificate of occupancy within 12 months.
8) Modification of conditions will require City Commission approval.
SUN- SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA Ivortce or
. MIAMI, MIAMI DADE COUNTY, FLORIDA BY THE DAN ABEAtCH CITY(
COMMISSION REGARDING:
THE FOLLOWING ZONING'
APPEAL-ZA-45-02
Notice is hereby given of
STATE OF FLORIDA an.appeal requested. byl.
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE Tamara wool,Dania Plaza
Inc.,.for property located)
BEFORE T E UNDERSIG D AUTHORITY, PERSONALLY APPEARED at,56 North Federal
Dania Beach,Florida,from
the following:WHO,ON OATH,SAYS THAT 1•Appealing the defermi-
nation of the Growth Man-
H A DULY A THORIZED REPRESENTATIVE OF THE CLASSIFIED agement Department that
a playhouse must provide
DEPARTMENT OF THE'SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED Parking on a 24 hour basis
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE when the pmancese will
offer performances only
ATTACHED COPY OF ADVERTISEMENT, BEING A: after 6:00 pm Monday
through. Friday.and on
Sundays when the retaii
TAMARA WOHL stores sharing the same
parking areas. will be
closed:
2'Appealing the-determi
IN THE MATTER OF: mentn Growth Department:parking shall be located
Tamara WON 'on the same lot when suf-
ficient parking is available
both on-site and within
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE too feet owner)the same
ns
ISSUES OF: groan existing,sidewalk
of an existing sidewalk
that does not cross any
Public streets. ;, ,,;
:The Dania Beach`.G`Ity,
8/2,1 D 11012567 (Commission will hear this;
appeal on Tuesday,-Au
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER 'oust 13,on t at 7:ft r, ini
or as soon thereafter, in;
the City Commission;
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, Meeting Room of the Da
nia Beach City Hall, 100;
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY west Dania Beach Blvd.,'
. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, Dania Beach Florida,
All Interested parties may.
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE appear at said meeting;
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY,FLORIDA, and
be hearowith respect
tion(s).copies
eti-
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF P s of the pro-It
Posed petition are availa-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT ble. for viewing in the.
HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON, FIRM, OR Growth Management Dania
partment,10q West Dania
CORPORATION,ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE Beach Blvd.,Dania Beach,
Florida between the hours
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID of no a.m.and 4-00p.m..
Monday-Friday.Interest-11
NEWSPAPER. ed parties may appear at;
the public hearing and be,;
heard with respect to the
Proposed Petition.
A�oe__— In accordance with the
(STR67URE OF AFFIANJ Americans With Disabili-
ties Act,persons needing
assistance to participate
SWORN TO AND SUBSCRIBED BEFORE ME in any of these Proceed-
ings should contact Char-
ON: 02-August-2002 , A.D. lene,johnson, City Clerk,
at 1o0 w: Dania Beach
Blvd. Dania peach, FL
33004;(954)924-3622,,at
least 48 hours..prior to
meeting.. -": .
(SIGNATURE OF NOTARY PUBLIC Any Person who decides
) to..appeal any decision
made by the City Commis-
sion with: regard to any
Tara L.5ezak matter considered at this
o,•••• r. meeting or hearing will
MY COb1UISGON# DD024939 EXPIRES
need.a record of the pro-!
ceedings and.for such pur-;
:Nip.-. .,�-•Q�` -
TrC,=aN iNsueANC:,iNC pose may need to ensure.
that a verbatim record of
(NAME OF NOTARY TYPED PRINTED, O STAMPED) the Proceedings is made,)
which record includes the
testimony and evidence
upon which the appeal is
PERSONALLY KNOWN OR to based.
Lou Ann Cunningham
Plarming Technician
PRODUCED IDENTIFICATION August 2.2002
NOTICE OF PUBLIC HEARING
BY THE DANIA BEACH CITY COMMISSION
REGARDING THE FOLLOWING
ZONING APPEAL
Notice is hereby given of an appeal requested by Tamara Wohl, Dania Plaza Inc., for
property located at, 56 North Federal Hwy., Dania Beach, Florida, from the following:
1. Appealing the determination of the Growth Management Department that a
playhouse must provide parking on a 24 hour basis when the playhouse will offer
performances only after 6:00 pm Monday through Friday and on Sundays when
the retail stores sharing the same parking areas will be closed.
2. Appealing the determination Growth Management Department that parking shall
be located on the same lot when sufficient parking is available both on-site and
within 100 feet (by the same property owner) by means of an existing sidewalk
that does not cross any public streets.
The Dania Beach City Commission will hear this appeal on Tuesday, August 13, 2002
at 7:00 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania
Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida.
All interested parties may appear at said meeting and be heard with respect to the
® proposed petition(s). 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. 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, at
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 Technician
Published Friday, August 2, 2002
•
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