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HomeMy WebLinkAboutR-2002-155 RESOLUTION NO. 2002- 155 • A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY ATTORNEY HARRY HIPLER, REPRESENTING OLD DISTRICT PROMOTIONS, INC., D/B/A END UP NIGHT CLUB / BISTRO 19, FROM CHAPTER 28, ARTICLE 4, SECTION 4.201 (2) PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS, FOR PROPERTY LOCATED AT 19 NORTH FEDERAL HWY., IN THE DANIA ANTIQUES AND JEWELRY ARCADE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28,Article 4, Section 4.201 {2} sets the proximity requirements of beverage establishments to churches and schools for the City of Dania Beach; and WHEREAS,Attorney Harry Hipler, representing Old District Promotions, Inc. D/B/A End Up Night Club / Bistro 19, has applied for a variance (VA-34-02) to allow a full liquor license within 1,000 feet of a Church for property located at 19 North Federal Hwy., in the Dania Antique and Jewelry Arcade, Dania Beach; and WHEREAS, the Planning &Zoning Board on August 21, 2002, recommended that the City Commission grant variance request VA-34-02 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-34-02,for a variance as described above(from requirements in Chapter 28, Article 4, Section 4.201 (2)), a copy of which is attached as Exhibit"A" is approved, subject to the following conditions: 1) Applicant to provide exterior parking lot lighting to the side and rear of the establishment; 2) Variance, Extended Hours and Special Exception approvals shall be limited to Old District Promotions, Inc. doing business as End-Up Night Club& Bistro 19 (Toni A. Barone and David D. Rogers); 1 RESOLUTION NO.2002-155 • 3) Applicant to clean up and maintain parking lot on daily basis; 4) No persons less than 21 years of age allowed in the club after 9:00 PM, 5) Assignment of Liquor License by principals, Toni A. Barone and David D. Rogers, would require City Commission approval, however, the principals may be allowed to shift license to other corporations owned by the said principals; 6) No nudity or "clothing optional clubs" allowed; 7) Staff shall evaluate the traffic issue for public safety purposes over the next 12 months, and the petitioners would be required to bring the matter back before the City Commission for changes if are deemed necessary. 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 t and adoption. PASSED AND ADOPTED THIS 10TH DAY OF SEPTEMBER, 20 2 O ER H. CHU JR. MA OR— COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES "A CH RLENE JOH S N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FO AND CORRECTNESS: BY: TH M#S J. ANS RO CITY ATTORNEY is 2 RESOLUTION NO.2002-155 APPLICATION NUMBER: Date stamp CITY OF DANIA BEACH 34 _C� 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 (954) 924-3645 APPLICATION FOR VARIANCE -----__-____.__.._ _.__.�_________.._.: The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider the variance of the parcel(s) of land described in this application. 954-253-0499 Old District Promotions, Inc. , dba 954-562-5175 NAME OF APPLICANTEnd Up Night Club & Bistro 19 Phone: 707 NE 20th Drive 954-267-8823 ADDRESS OF APPLICANT:Ft Lauder-dale,, pf3. 33305 Fax: PROPERTY INTEREST OF APPLICANT: Lessee/Tenant Dania Antique & Jewelry Arcade, Inc. NAME AND ADDRESS OF PROPERTY OWN ER.25 N_ Ferlera 1 u; gLw Dania, F� fir-- � ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY: 19 North Federal Highway Dania, FL. For legal, see survey PRESENTZONING: Commercial LOTSIZE/AREA: -3800 sq, ft. ; survey, PRESENT/PROPOSED USE OF PROPERTY: nightclub/dance 1 uh , for professional persons over the age of 21 ; restaurant DESCRIPTION OF VARIANCE (S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED —PLEASE CONTACT THE ZONING DEPARTMENT FOR ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBERS): See attached LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT,ATTORNEY): Harry Hipler, PA, 215 North Federal Highway. 914-925-8228 Fax: 954-925-8299 PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY. The following questions pertain to the criteria upon which the City Commission and Planning and Zoning Board will consider this application. 1) Describe how 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. See attached for all answers to questions 1 7 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. 3) Describe how granting the requested variance(s) will not confer any special privilege on the applicant that is denied by the zoning code to other lands, buildings or structures in this same zoning district. 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. 6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(s) will not be injurious to the area involved or otherwise detrimental to the public welfare. ' 1 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. • This is to certify that I am the owner of the subject lands) described above in the petition for variance. (Complete only if applicable) I have also authorized, the undersigned petitioner to make and file this application for variance. STATE OF FLORIDA Print Name: SIGNATURE OF PROPERTY OWNER COUNTY OF BROWARD — The forgoing instrument was acknowledged before me on 2001 by as[title] for[name of entity] _ a Florida Corporation,who is personally known tome,or produced as identification. My Commission Expires: NOTARY PUBLIC FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR VARIANCE AND THAT 1 HAVE AUTHORIZED*_*_ TO MAKE AND FILE THE AFORESAID APPLICATION. **Toni Barone and David Rogers, as officers/directors of Old District Promotions, Inc. SIGNA -P�8�1P- ERTY wNE --- ?rl STATE OF FLORIDA Print Name: COUNTY OF BROWARD � � --t �_ Uya 1�- The forgoing instrument was ac wledg befor me on�___ 200 Kby as[title] ' _ __ _ _ _for[name of entity] a Florida Corporation,who is___per na wn to or produced as identification. r My Commission Expires: NOTA P B IC Check list for Planning Dept.: Plan Fee_ Survey 'tit+Y r HARRY M.HIPLER MY COMMISSION#CC 851869 a _ EXPIRES:November 1,2003 p'F;1y0.° 5onded 7hru Notary Public Undatwme s s • • End U Club & Bistro 19 variance request P 9 Old District Promotions, d/b/a End Up Night Club &Bistro 19 Variance Request, 19 North Federal Highway, Dania Beach, Florida 33004 DESCRIPTION OF VARIANCE(S): THERE IS PRESENTLY PENDING A PETITION FOR VARIANCE FOR NUMBERS 1 - 5, AND PETITIONER ALSO REQUESTS A VARIANCE FOR NUMBER 6 TO COMPLY WITH THE CODE OF ORDINANCES. Petitioner seeks the following from the city of Dania Beach: 1. Location will be used primarily as a nightclub/dance club with sales of food, alcohol, and drink to patrons beginning from 8:00 p.m. to the maximum allowable closing time of 5:00 a.m. for professional adults over the age of 21. It will be open Monday through Sunday. 2. Use of 4COP license with restaurant and food sales for breakfast, lunch, and dinner before nightclub/dance club opens and after nightclub/dance club opens beginning at 8:00 p.m. on Monday through Sunday. 3. Petitioner also wants to use the premises as a restaurant (no nightclub or dance club) during . the daytime hours for early and later lunch patrons, including the use of 4COP, during hours of operation. 4. Allow use of disc jockeys and dancing during time dance club/nightclub is open, that is, beginning 8:00 p.m. to maximum allowable closing time of 5:00 a.m. S 5. Waive any strict parking requirements during time when nightclub/dance club is open as the time when the business will have its peak hours will be beginning from 8:00 p.m. to closing hour, when all other businesses in the area will be closed. There is the nearby city hall, post office, adjadlent parking lot, and side streets that should be ample for Petitioner's patrons use during time when nightclub/dance club is open. The use of parking during nonconcurrent times will be during times when the other businesses are closed. There will be parking lot security, cameras, surveillance, etc., from 8:00 p.m. to closing. A cleaning crew will come into the area to clean up the area after closing. 6. Allow Petitioner to be in business and conduct its business closer to any churches than the legally required distance separation requirement in the city of Dania Beach by being in business closer than the 1,000 feet that must separate a church(s)from Petitioner's business. Answers to Questions 1, 2, 3, 4, 5, b, 7: Petitioner requests the above variance(s) from the city of Dania Beach, so that the subject premises may be used primarily as a nightclub/dance club for over 21 adults from 8:00 p.m. to 5:00 a.m Monday to Sunday. It also wants to be open with the use of a 4COP license during the day as a restaurant. The subject real property contains mostly retail antique stores that are open beginning 10:00 a.m. to 5:00 p.m. The nightclub/dance club will be open beginning 8:00 p.m. to the maximum allowable closing time, which is when other businesses are closed. Petitioner's business will not interfere with the daytime businesses or any nearby churches, and Petitioner's request is consistent with the existing and adjacent properties. The previous business on the subject premises was a restaurant that was open for lunch beginning 11:30 am and it closed by 8:00 p.m., however, it did not survive and has gone out of business; therefore, allowing a nightclub/dance club from 8:00 p.m. to the maximum allowable closing hour, and a restaurant with the use of 4COP during the daytime hours (no nightclub or dance club before 8:00 p.m.)will enhance the area, and the business will have a much better chance to survive and serve the city of Dania Beach and attract even more quality business to the city of Dania Beach. The premises are unique to the area as they are located at an end unit and it is an excellent place for people to come and go freely as adjacent to the premises is a parking lot, which is not applicable to the other premises located in this complex. The present zoning permits restaurants and businesses that sell food and beverage and drink for patrons, and if the variance is granted, this will grant Petitioner the same or similar rights that nearby food and beverage and drink businesses have, which is to provide food and beverage and drink and entertainment to patrons. The dance club/nightclub will be open beginning at 8:00 p.m., when the other businesses are closed, therefore, there will be absolutely no interference or injury to the area or businesses involved, nor will it be detrimental to the public welfare of the community as the subject premises is an ideal place for a dance club/nightclub and entertainment place for patrons. The restaurant will be open during the daytime hours that will serve patrons with food and drink. The subject request for variance is not s the result of actions of the owner or lessee, as the instant nightclub/dance club will be open when the other businesses are closed. The subject premises is located in a commercial zoning district, adjacent areas are located in a commercial zoning district, where restaurants and other businesses exist and where there is commercial zoning. The subject variance request is also consistent with and in harmony with the subject and adjacent properties. There will be no competition between Petitioner and the nearby church(s) and businesses because the nightclub/dance club and the nearby businesses and those adjacent to the subject premises do not attract the same persons at the same times. The restaurant business that will be open during the day will compliment the area and serve patrons desiring to eat and drink. There is ample parking in this area for the nighttime nightclub/dance club as the time when this business will be open for the nightclub/dance club is nonconcurrent with the rest of the businesses, which are open at totally different times than are the antique stores and commercial businesses nearby and adjacent. Petitioner is sufficiently separated from any nearby church(s), and Petitioner's business will not interfere with any church activities, therefore, if allowed to conduct the aforementioned business, Petitioner will be able to conduct its business without any injury or detriment to the public welfare of its neighbors and it is the minimum variance that will make possible the reasonable use of the building. The Petitioner will be pleased to work with the city of Dania Beach in this matter, and would ask the city to consider the above in Petitioner's request for a variance as requested. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: 09/10/02 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-34-02 VARIANCE REQUEST 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: REQUESTED BY ATTORNEY HARRY HIPLER, REPRESENTING OLD DISTRICT PROMOTIONS, INC. D/B/A END UP NIGHT CLUB/BISTRO 19 LOCATED AT 19 NORTH FEDERAL HIGHWAY IN THE DANIA ANTIQUE AND JEWELRY ARCADE, DANIA BEACH FOR VARIANCE FROM CHAPTER 28,ARTICLE 4, SECTION 4.201 {2) PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Variance Application Public Hearing Notices/Location Map Mailing List Site Plan (11" x 14") 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ s 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their August 21, 2002 regular meeting. 0 Submitted by: Laurence G. Leeds,AICP, Director Date September 3, 2002 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Attorney Harry Hipler, PA, representing Old District Promotions, Inc., for property located at 19 North Federal Highway, requesting the following items: VA-34-02 — Variance to grant a Full Liquor License within 1,000 feet of a Church (1,000 foot setback from Church required pursuant to Section 4.201 {2} of the Zoning Code). EA-34-02 - Request to Approve an Extended Hours Liquor License (4:00 am; 5:00 am on New Years Day). SE-34-02 — Special Exception Request to Allow "Entertainment" (Dance Club with Disc Jockey). DATE: September 10, 2002 City Commission Meeting Applicant proposes a dance club at 19 North Federal Highway (former Chocolate s Jungle). The floor plan shows approximately 3,000 square feet of customer service area including a dance floor, video game room, and a lounge. Based on the size of the establishment, the applicant is permitted six video games. Restaurants and bars in existing buildings within the Downtown Dania Development District are exempt from parking requirements. Nevertheless, approximately 40 on-site parking spaces are provided. Public parking is available on NW 1st Avenue (25 spaces) and at city hall (50 spaces). Club hours are proposed from 9:00 pm to 4:00 am, periods during which retail businesses are generally closed. BSO has conducted a background check (see attached). Neither club operator has a criminal record, nor does their current business have any record of drug activity or arrests. BSO has no objection to approval of the extended hour's license subject to a reconfiguration of the parking lot such that the U.S. 1 driveway is designated "exit only/right turn only." This will require re-striping some parking spaces and repositioning parking stops next to the club. Signs should also be placed to direct vehicles exiting NW 1st Avenue to "turn right only". PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval of variance, extended hours, and special exception (dance club with disc jockey), subject to the following: 1) Applicant to reconfigure parking lot in accordance with BSO report dated July 23, 2002 prior to commencing operation. 2) Applicant allowed directional wall and/or monument signage on U.S. 1, as approved by the Growth Management Director and BSO, to direct incoming traffic to NW 1st Avenue (via Dania Beach Boulevard). 3) Applicant to provide exterior parking lot lighting to the side and rear of the establishment. 4) Variance, Extended Hours, and Special Exception Approvals shall be limited to Old District Promotions, Inc., doing business as End-Up Night Club & Bistro 19 (Toni A. Barone and David D. Rogers). t5) Applicant to clean up and maintain parking lot on daily basis. 6) No persons less than 21 years of age allowed in the club after 9:00 pm. s 2 BISTRO 19.doc Law Office HARRY HIPLER Professional Association 215 North Federal Highway IORY HIPLER Post Office Box 216 Member: Dania Beach, Florida 33004-0216 Telephone: 954-925-8228 Florida, District of Columbia, Telefax: 954-925-8299 and Colorado Bars E-Mail hhip@aol.com Certified Divorce Planner Chartered Financial Consultant (C1iFC) Re: Old District Promotions, Inc. variance request July 10, 2002 Mr. Larry Leeds Director of Growth Management City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 . Dear Mr. Leeds: In reference to your email of several days ago, Old District Promotions, Inc., intends to designate Federal Highway as "exit only", and patrons will be directed to enter through the back of the building via Dania Beach Boulevard as you have suggested. At this time, there is no intention to z use valet parking, however, if the circumstances require the use of valet parking, or if it becomes necessary to use valet parking, Old District Promotions, Inc., will use valet parking in the future. As you know, there is a great deal of parking space at or near city hall, the post office, adjacent to the.proposed business, and on adjacent streets near the proposed club that is available during the hours of 8:00 p.m. or 9:00 p.m. to the morning hours for parking by patrons. As always, Old District Promotions, Inc., is willing to work with the city of Dania Beach. If you have any other questions or requests, please let me know. Sincerely, Harry ' er Enclosures cc: Old District Promotions, Inc. { NOTICE.OF PUBLIC NEARING. a Y- "'_*-,CITY OF DANIA BEACH ?, NOTICE IS HEREBY.GIVEN that public hearings will be SUN - SENTINEL held before the Dania Beach City Commission onSep-: PUBLISHED DAILY tember 10,2002.at 7:00 p.m.,or as soon thergafter'as.. possible,in the-Dania-Beach City Commission Room; Administrative Center, 100 West Dania,Beach Blvd; FORT LAUDERDALE, BROWARD COUNTY, FLORIDA Dania Beach,Florida 33004,for the purpose of,hear- BOCA RATON, PALM BEACH COUNTY, FLORIDA Ing any comments which might be made tothefollow- ' ing requests: MIAMI, MIAMI DADE COUNTY FLORIDA VA-34-02-Variance.Request by Attorney Harry Hipler, PA, representing.Old District Promotions, Inc..for property located at 19.North.,Federal Hwy Dania Beach.Attorney Hipler requests approval_of the fol-:! lowing variances ,Ir,t ey I STATE OF FLORIDA 1:Variance to grant a Full Liquor0i5ensefor Bistro 19' Nightclub within 1,000 feet of a Church(1,000 foot COUNTY OF BROWARD/PALM BEACH/MIAMI DADE setback from church required pursuant to Section t2011 ft of the Zoning Code)_Property,located at.19 BEFORE E E NED AUTHORITY, PERSONALLY APPEARED North Federal Highway. s";, ;;.,,',;:n_' •.L Request to Approve an Extended Hours Liquor License (4:00 a.m.;5:00 a:m.on New Years Day)for Bistro 19 2WHO,ON OATH,SAYS THAT Nightclub Property located at19 North Federal High HE/ E IS A DUL AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED way r; i'e" ' g ;t ''Allow 3: Special Exception Request -to Allow D ARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED 'Entertainment'(Dance Club with Disc Jockey and/or live band)pursuant to Section:4.20(Schedule of rise N BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE Regulations)of the Zoning Code.Property located,at 19 North Federal Highway ATTACHED COPY OF ADVERTISEMENT, BEING A: The property is legally described as Lots-11 through 16,inclusive less any portionsdhereof given for street,. i purposes,Block 13 of TOWN.OF MODELO(now Town I SEPTEMBER 10 2002 of Dania)a subdivision according.to,the plat thereof, recorded in Plat Book B, at Page 49 of the public. Records of'Dade County,Florida. IN THE MATTER OF: VA-30-02 - Variance Request by,the.firm Gunster Moakley,Attorneys at Law representing Dania Distri- bution Centre;Ltd.For vacant property located on the. south-side of Dania Beach Boulevard.between SW September 10 2002 12th Avenue(extended)and the C.-10 Canal:The re- quest for variance is as follows: {� 1.Variance to provide 18%pervious area(30%regw- IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE red)(Chapter 28,Zoning,Article 2.Variance to allow generalized.landscape,variance ISSUES OF: from Chapter 26(Vegetation)of the City,Code. PL-32-02 -Public hearing for a Preliminary Plat ap- proval for the'Dania Distribution Centre Plat Ordi-, I 8/30 11057313 nance reads as follows: AN ORDINANCE OF THE CITY OF DANIA,FLORIDA,AP- ,. I PROVING THE' DANIA DISTRIBUTION CENTRE,,, PLAT, AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER SUCH PROPERTY••BEING LOCATED,AS THE..VACANT PROPERTY LOCATED:ON THE.SOUTH SIDE"OF,DANIA I PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA BEACH BOULEVARD.BETWEEN SW 12TH AVENUE:(EX- TENDED)AND THE C-10 CANAL;IN THE CITY.OF DANIA AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY AND LEGALLY-DESCRIBED IN EXHIBIT-"A-,.A COPY OF o PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA WHICH IS ATTACHEDTOTHIS ORDINANCE;ACCEPTING I THE DEDICATION FOR PUBLIC USE.OF.ALL STREETS, EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF. POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, S DANIAEVERABIILITRIBUTION TY FURTHER, THERNTRE'PLAT;PROVIDING FOR PROVIDING FOR AN EFFEC- FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION O `. -, r e s - >2 'i'i vuiT"Tb i�` r^�9 TIVE DATE.:.Exhibit•A'-Legallydescribedesthe;NE:1/4 off the SE ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT 1/4of the SE 1/4;and the east,462of.theNW 1/4.ofthe. SE 1/4 of the SE 1/4 of Section 13„Township:50 South,,, HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR Range 42 East;Said lands situatejn,eroward County,. :: CORPORATION,ANY DISCOUNT, REBATE, COMMISSION,OR REFUND, FOR T Florida.. Excepting therefrom that,portion-thereof-, conveyed to Central and Southern Florida:Flood Corr-,- PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID t4 District by Deed corddinofficial-records ial-rf 6,at ofthe Records oaobook. NEWSPA R. County,Florida,and less 50.01 feet along the north- ern boundary of the subject real property pursuant to an order of taking by,the City of Dania,Florida under case no.85000707 in the Circuit Court in and for Bra ward County,Florida.AKA Vacant land in Dania Flori- NA U R OFAFFIANT) da containing 607-022 sq.ft.,or 13.935 acres more or less` > VC-47-02-Request to vacate and relocate a portion of SWORN TO AND SUBSCRIBED BEFORE ME a utility easement located between,SW'52nd Street and SW 54th Street,west of SW 43rd Terrace(Emerald ' ON: 30-August-2002 A.D. Palms Apartments).Proposed resolution reads as:fol- A RESOLUTION OF THE,CITY OF DANIA BEACH FLORI- DA,APPROVING THE VACATION AND RELOCATION OF A PORTION OF A UTILITY EASEMENT LOCATED BE- 1 TWEEN SW 52ND STREET AND SW 54TH STREET,WEST (SIGNATURE OF NOTARY PUBLIC) OF SW 43RD TERRACE (EMERALD.PALMS APART - (SIGNATURE IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED TN EXHIBIT-,A A COPY OF WHICH IS AT- Tara L.Eezck TACHED TO THIS RESOLUTION;PROVIDING THAT ALL n MY CQIv1MISSiON# DDQ24939 EXPIRES RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- * •*= FLICT WITH THIS RESOLUTION ARE REPEALED TO THE cry:o . July 20, 2005 EXTENT OF SUCH CONFLICT FURTHER PROVIDING FLq°' BONDED THRu TROY FAIN INSURANCE, INC. FOR AN EFFECTIVE DATE. ?_ Exhibit'A"-Legally described as:.An existing utility I easement to be vacated being a portion of R.W- ; Chambers Subdivision as recorded in Plat Book 84 at i (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) Page 12 of the Public Records of Broward County, `/ Florida and being described as follows:Commence at I the Southeast corner of said R.W Chambers subdivi i PERSONALLY KNOWN OR sion and run N 00 01,19 E along the east boundary_of said subdivision also being the westerly right of way for.SW 43rd Terrace a distance of 259.83 feet then . PRODUCED IDENTIFICATION run S 89 42 24.W along the southerly boundary.of an existing utility easement for a distance of 43.48 feet to the.point of beginning from said point of beginning, i run continue S 89 42 24 N 234:12 feet then run N.09 44 30 E 20:31 feet to the north boundary of said existing utility easement,then run N 89 42-24;E.along said north boundary 235-33 feet;then runs'13:04 11 W 20.56 feet to the point of beginning. Copies of the proposals are available for-viewing in the Growth Management Department,'100 West Da- nia 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 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that public hearings will be held before the Dania Beach City Commission on Septmeber 10, 2002, 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 requests: VA-34-02 -Variance Request by Attorney Harry Hipler, PA, representing Old District Promotions, Inc. for property located at 19 North Federal Hwy., Dania Beach. Attorney Hipler requests approval of the following variances: 1. Variance to grant a Full Liquor License for Bistro 19 Nightclub within 1,000 feet of a Church (1,000 foot setback from Church required pursuant to Section 4.201 {2} of the Zoning Code). Property located at 19 North Federal Highway. 2. Request to Approve an Extended Hours Liquor License (4:00 am; 5:00 am on New Years Day) for Bistro 19 Nightclub. Property located at 19 North Federal Highway. 3. Special Exception Request to Allow "Entertainment" (Dance Club with Disc Jockey and/or live band) pursuant to Section 4.20 (Schedule of Use Regulations) of the Zoning Code. Property located at 19 North Federal Highway. The property is legally described as Lots 11 through 16, inclusive less any portions thereof given for street urposes, Block 13 of TOWN OF MODELO (now Town of Dania) a subdivision according to the plat thereof corded in Plat Book B, at Page 49 of the Public Records of Dade County, Florida. Copies of the proposals 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. 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. 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I . m I r r r r!r I r r r I r!r l r V. r I r I r r•r r r r;r r I r I r, r r I r O a !olo;o:o.ojol0 O;OIo!OlO OIOIOIo:o oIo!ololololol olo!o U O l 4-T vm v M-q !MIMiMIIMN INMI v I44Z MIMI I )!C? C? COI(71 :c,) M:CM!M NN'N'N'N N NIN N'NNNNI N MMM NNNN NIN!N Y, �tiY IT IT iY ':Y `T DIY Y'Y ` i'T"T alo.olo,O.o:o!o ololOiOloloiO!olo:O!oIO:O!Olo101O OIOIo Q;tnitnitn;tnitnitoltn tnitnitnitnitoltn!toltnitn;tn:toitn:toltr)It)1U')I ') u)Itslto 911 East Atlantic Blvd., Suite 108 ACCURATE LAN® SURVEYORS, INC. Pompano Beach, FL (305) 782-1441 33060 i ..� BOT DARY SURVEY OF:Lots 11 through 16, inclusive less any portions thereof given for street purposes, Block 13 of TOWN OF MODELO(now Town of Dania) a Subdivision according to the plat thereof recorded in Plat Book B, at Page. 49 of the Public o Records of Dade County, Florida h N Buyers: Tarna-i:*;_,,, Wohl and Benjamin Wchl, as tenants in common. Flood Zone: C CPN,# 120034 0001 C Rev. 7-5-83 r �OC�7'/pN S.�CTCf/ ew-x-5.) Address: 19-33 North Federal Highway, Dania,F'lorida Broward County,Florida /S� LSD /ST /9✓�iYc/�• �/ •fro �iP/f9/ �y9011N1-T fo�Ho 9vCJ V oo N �� b QLOG: OiY 0 l^ i^ S,rf L/NE fot/rs�o � `' V aD V lrl0 D 60.0' N=� N.9/G /r0vrr� C s zoo•D �✓,��� /.50 00 BLocC SE AL NOT VALID UNLESS artify To: 1 ) Tamara Wohl ,and Benjamin, as tenants 1n common SEALED HERE WITH AN. EMBOSSED LAND 2) Commonwealth Land Title Insurance Company SURVEYORS SEAL. T14 - 4) Ban]cAt lantic, a Federal Savings Barite, its successors and/or : assigns, as their interest may appear. 5) Bed--ow Y.orn Yan & Glaser P.A. NOTE: THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP. RIGHTS-OF-WAY. OR EASEMENTS CERTIFICATE o m 'HIS IS TO CERTIFY THAT I HAVE RECENTLY SURVEYED THE PROPERTY DESCRIBED IN THE FOREGOING TITLE CAPTION AND HAVE In ;ET OR FOUND MONUMENTS AS INDICATED,ON THIS SKETCH AND THAT SAID ABOVE GROUND SURVEY AND SKETCH ARE ACCURATE AND = :ORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL N ;TAND#S FOR LAND SURVEYING UNDER RULE 21HH-6. F.A.C. ADOPTED BY THE FLORIDA BOARD OF LAND SURVEYORS. SEPT. 1. 198). C VISION DAT6. By // PROFESSIONAL LAND SURVEYOR NO.3B69-STATE OF FLORIDA (�j ROBERT L.THOMPSON U0 .��D ATE OF GURNEY DRAWN /� CHECJK�E/D FIELD. �j / / • ® ® Q LU Of CY] uj d i- LL Lu U LL C� aC • i z ! i ...-r_... . v J Y C� u- z < w P to j w a6 [� a LL N u� LLI LU cLL'7 a zCL --� o w LA- L LU -- N w ce- © OCift •