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HomeMy WebLinkAboutR-2002-124 RESOLUTION NO. 2002 - 124 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, r APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT FOR AMERICAN MARITIME OFFICERS (AMO), FOR PROPERTY LOCATED AT 2 WEST DIXIE 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, David Zelch, Architect for American Maritime Officers (AMO), for property located at 2 West Dixie Highway, Dania Beach, has requested a zoning appeal from the following decisions of the Growth Management Director: 1. Appealing the Decision of the Growth Management Department that the Renovation of the former"Marine Training Facility" is not allowed under Article 8: "Nonconformities"of the Zoning Code (Article 8 prohibits the reconstruction of a non-conforming structure when more than 75% of the floor area becomes unusable or unsafe due to damage). 2. Requesting City Commission approval to provide approximately 20% window glass (35% required unless waived by the City Commission due to a finding there are circumstances peculiar to the site and/or the intended use). 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-40-02)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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO.2002-124 Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 13T" O AU UST, 2002. ROBERT H. CHUNN, JR. MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - NO COMMISSIONER MCELYEA - YES CHARLENE J NSON COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED A T FORM AND CORRECTNESS: BY: HO AS J. A SBRO CITY ATTORNEY 2 RESOLUTION NO.2002-124 ANVAff'-- �' ©®� Zelch and McMahon Architects - To: Mr. Laurance Leeds -- Director of Growth Management -^ City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida Date: July 19, 2002 From: David Zelch, Architect Project: American Maritime Officers - Mail Building Renovations/Addition ----------------------------------------------------------------------------------------------------------------------------- Dear Mr. Leeds: With regard to the above referenced project, as the agent for American Maritime Officers, I am appealing Article 8 (Nonconformities) of the City of Dania Beach Zoning Code. I am requesting that this appeal be placed on the earliest City Commission agenda. 46eel free to call me if there are any questions or comments. Enclosed: Check for$ 250.00 (fee for appeal). Eight (8) sets of drawings which include: Colored Elevation of Building Sheet 1-Al (Title Sheet, Site Plan, Site Location) Sheet 2-A1 (Floor Plan) Sheets 5-A1 thru 5-A3 ( Exterior Elevations) Respectfu y, David Zel itect cc: S. Nic n, P. Culver Certification No. AA-P000244 ----------------------------------------------------------------------------------------------------------------------------- 17 Northeast 41h Street, Ft. Lauderdale, FL 33301 Tel(954)525-0975 Fax(954)525-3714 • 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-40-02 AMERICAN MARITIME OFFICERS 2 WEST DIXIE HWY. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: David Zelch, Architect for American Maritime Officers, for property located at 2 West Dixie Hwy. Dania Beach, Florida: 1. Appealing the Decision of the Growth Management Department that the Renovation of the former"Marine Training Facility" is not allowed under Article 8: "Nonconformities" of the Zoning Code (Article 8 prohibits the reconstruction of a non-conforming structure when more than 75% of the floor area becomes unusable or unsafe due to damage). 2. Requesting City Commission approval to provide approximately 20% window glass (35% required unless waived by the City Commission due to a finding there are circumstances peculiar to the site and/or the intended use). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum E-mail from City Attorney Letter from David Zelch, Architect Resolution Public Hearing Notice/ Mailing List Location Map Building Sketch 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 C: C FROM: Laurence Leeds, AICP, Director Growth Management Department SUBJECT: 1. Appealing the Decision of the Growth Management Department that Reconstruction of the Former Restaurant is not allowed under Article 8: "Nonconformities" of the Zoning Code (Article 8 prohibits the reconstruction of a non-conforming structure when more than 75% of the floor area becomes unusable or unsafe due to damage). 2. Requesting City Commission approval to provide approximately 20% window glass (35% window glass area required unless waived by the City Commission due to a finding there are circumstances peculiar to the site and/or the intended use). • (Property Located at the northwest corner of Dixie Highway and U.S. 1) DATE: August 13, 2002 City Commission Meeting APPLICANT: Dave Zelch, Architect for AMO/MEGA AMO has obtained permits to renovate an existing building on the AMO campus at the northeast corner of Dixie Highway and Federal Highway. The building was formerly occupied by a restaurant several years ago. The building has been renovated such that approximately 70% of the original building floor area (exterior walls and roof) remains. The remaining 30% has been demolished. The required street yard setback is 10 feet. Five feet is currently provided. Section 8.21 of the Zoning Code ("Restoration") states that "any nonconforming structure which has less than seventy-five percent (75%) of its previous existing floor area made unsafe or unusable may be restored, reconstructed or used as before, provided that the floor area of such use, building or structure shall not • exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damages occur or such use shall not be rebuilt as a conforming use." AMO APPEAL 8-13-02.doc . Section 8.21 suggests that non-conformity is lost if 75% of the building is made unsafe or unusable". The applicant indicates that by maintaining the exterior walls and the roof for 70% of the building, the entire building may be restored along the existing five foot setback. Section 8.21 also states that "all repairs shall be completed within one year after damages occur or such use shall not be rebuilt as a conforming use". This suggests: a) The term unusable occurs in the context of damage from a fire, flood, or storm, and b) If the non-conforming structure damaged by fire, etc. is restored within one year, the structure retains its non-conforming status. The AMO/MEBA case deals with reconstruction and restoration of an existing building unrelated to damage from fire, flood, or storm. The City Attorney (see attached e-mail) has indicated that by renovating and demolishing the building as discussed above, the new construction must comply with current zoning code requirements, including compliance with the current 10 foot setback requirements. If the appeal is denied, the building would have to be reduced in size or relocated five feet to the west. The proposed building elevations comply with the Principal Arterial Design Guidelines (pitched mansard roof, landscaping, and color scheme) except for the requirement for 35% glass windows along Federal Highway (20% is provided). The City Commission can approve the 20% glass by finding there are circumstances peculiar to the site and/or the intended use. RECOMMENDATION Approval of the appeal and the 20% glass area, based on the following circumstances: 1) 70% of the existing building (roof and exterior walls) has been preserved. The Zoning Code does not define the term "unusable". As such, it is arguable that the entire building retains its nonconforming status, including the ability to reconstruct the demolished portion of the building (30%) along existing setbacks. 2) For that 30% portion of the original building which has been demolished, most of the replacement building will be setback in excess of five feet, thereby decreasing the extent of non-conformity. 3) The applicant intends to complete the improvements within 90 -120 days. Staff recommends the City Attorney amend Article 8 of the Zoning Code to clarify how restoration of non-conforming buildings should be treated. ARTICLE 8. NONCONFORMITIES 8.10. Continuation of use. A use, building or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this article. A use, building or structure is, for the purposes of this chapter, a nonconforming use if the use, or building, or any physical characteristics of said use or building, is not in full compliance with all regulations of the zoning district in which it is situated. (Ord. No. 100, § 1, 7-20-76) 8.20. Regulation of nonconforming uses and structures. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use, or when required to do so by law and as follows: 8.21. RESTORATION. Any nonconforming structure which has less than seventy-five percent (75%) of its previous existing floor area made unsafe or unusable may be restored, reconstructed or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damages occur or such use shall not be rebuilt as a conforming use. 8.22. REPAIRS. Normal maintenance repair and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. Provided, however, that no structural alterations shall be made which would increase the number of dwelling units. (Ord. No. 100, § 1, 7-20-76) 8.30. Termination of nonconforming uses and structures. 8.31. ABANDONMENT. A nonconforming use not used for a period of one year and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived. 8.32. PARTIAL DESTRUCTION. When seventy-five percent (75%) or more of the existing floor area of a nonconforming structure or structure occupied by a nonconforming use is destroyed by fire or other casualty or act of God and as a result becomes unsafe or unusable, the use of such structure as a nonconforming use shall thereafter be terminated. (Ord. No. 100, § 1, 7-20-76) • SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA Nonce of • BOCA RATON, PALM BEACH COUNTY, FLORIDA "'}:"PUBLIC HEARING MIAMI, MIAMI DADE COUNTY, FLORIDA COMMISSION REGARDING ;THE FOLLOWING ZA-40-02 -ZONING APPEAL . ' !� Notice is hereby given of an appeal requested by STATE OF FLORIDA David zeich,Architect for COUNTY OF BROWARD/PALM BEACH/MIAMI DADE cersric for property located BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED at 2 west Dixie Hwy,Dania Beach, Florida from the rouowing:'..., 1.Appeaiing the D60sion WHO,ON OATH,SAYS THAT of the Growth Manage- I HMrE IS A DULY AU HORIZED REPRESENTATIVE OF THE CLASSIFIED R ent Department that the Renovation off the former DEPARTMENT OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED "Marine Training,Facility~ Is:not allowed under Arti-I IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE cle-:8: "Nonconformities":I of,the Zoning Cede(Article 1 ATTACHED COPY OF ADVERTISEMENT, BEING A: SA prohibits.;the recon-; struction off:a,:non-con-i [orming structure%.-When I ZA 40 02 more than,75_:*:ot.'the floor area becomes.unus- able or unsafe due to dam- IN THE MATTER OF: age) 2- Requesting city com- mission approval to pro- ZA 40 02 vide approximately 20% window glass (35 % re- quired unless waived-by IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE the city commission due to a.finding there.are cir= ISSUES OF: cumstancei-peculiar to the-site and/or the:1.ntend- ed use). .? The Dania Beach City com- 8/2,1 D 11006173 The will hear this ap- peal on Tuesday, August 12,2002 at 7:00 p.m or as AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER soon. thereafter, in, the meen PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE.COUNTY,FLORIDA, Room om hesion Dania Beach AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY City.Hall, 100 West Dania Beach Blvd:,.Dania Beach, PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, Florida. EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE All interested parties ing appear at said meetLing POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY,FLORIDA, and be heard with respect to the proposed. peti- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF tion(s).Copies of the pro- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT ;Posed petition are ava !ble for viewing in the HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON, FIRM, OR !Growth Management De- t Dania CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND,FOR THE Be ch Blvd.,Dania Beach, PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Florida between the hours of 8:00 a.m.and 4:00 p.m, Monday-Friday.interest- NEWSPAPER. ed parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the (SI E OF AFFIANT) 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 100 W. Dania. Beach Blvd. Dania Beach, FL 33004,(954)924-3622,at least 48 hours prior to meeting.. (SIGNATURE OF NOTARY PUBLI ) Anyapersonpeal nyo de ci on es ^`PTdF��, Tara L.°ezz�l made by the City Commis- c ` MY COMMISSION# DD024939 EXPIRES sion_with regard to any =_ matter considered at this V 20,2005 meeting or hearing will - :��•;: Y 8 g 90NDED r-iRu TROY FAIN INSURANCE,INC. need a record of the pro- ceedings and for such pur- pose may need to ensure that a.verbatim record of (NAME OF NOTARY,TYPED, PRINTED, OR 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 Planning Technician PRODUCED IDENTIFICATION august z,2002 NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZA-40-02 - ZONING APPEAL Notice is hereby given of an appeal requested by David Zelch, Architect for American Maritime Officers, for property located at 2 West Dixie Hwy. Dania Beach, Florida, from the following: 1. Appealing the Decision of the Growth Management Department that the Renovation of the former "Marine Training Facility" is not allowed under Article 8: "Nonconformities" of the Zoning Code (Article 8 prohibits the reconstruction of a non-conforming structure when more than 75% of the floor area becomes unusable or unsafe due to damage). 2. Requesting City Commission approval to provide approximately 20% window glass (35% required unless waived by the City Commission due to a finding there are circumstances peculiar to the site and/or the intended use). 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 N —� O O (D IQ- ct;'T 'f V'IT qql T O NT q I OD O N qcT:qq-'[}' O V .t (D:V' T q (D "'V N � S 1 0:01CD 6 O O,O O 0 (.00 OIOI(D•M;OIO O r� O O:O):O N O O!O'O r- O Z:O.O'.O'O O O'O O O T O'OYO'T'(N O O:O'T O:O V'O O:O.'IT'CDCD 0 O V J.M M'M;M M M M M M m M MIM M T MIM M'M'M M MIM Cl) M M CO'M LO >-- �� Q MiMIMIM M M'M M M:M!M M M 1 M T M'MiM'M:M M co co M M MIM 00 Z� LLu� LL, I LL! I j I ! � I i ii '. .:r� ! ' I ¢ ¢ IIJ•'JJiJ J J;J �WJ JI IWI 'IJI i J J! 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