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HomeMy WebLinkAboutR-2002-219 Approving the Variance Request Submitted by Charles Muzzonigro, owner of Dania News and Books RESOLUTION NO. 2002 - 219 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY CHARLES MUZZONIGRO, OWNER OF DANIA NEWS AND BOOKS, FROM CHAPTER 4,ALCOHOLIC BEVERAGES,SECTION 4-3, PROXIMITY OF ONE BUSINESS TO ANOTHER, FOR PROPERTY LOCATED AT 310 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach Code of Ordinances Chapter 4, Alcoholic Beverages, Section 4-3, sets the proximity for businesses holding retail vendor's licenses for the sale of liquor for off-premises consumption as 1,000 feet; and WHEREAS Charles Muzzonigro and Beverly Foss, the legal owners of Dania News and Books have applied for a variance (VA-55-02) to allow the sale of liquor, for off premise consumption, at his business which is located within 1,000 feet from another business (Players Restaurant), both properties located within the Winn Dixie Shopping Center 310 East Dania Beach Boulevard, Dania Beach; and WHEREAS, the Planning &Zoning Board on November 20, 2002, recommended that the City Commission grant variance request VA-55-02 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-55-02, for a variance as described above (from requirements of Chapter 4, Alcoholic Beverages, Section 4-3), a copy of which is attached as Exhibit "A" is approved, provided that the hours of operation be from 7:00 a.m. to 8:00 p.m. and that the variance would be personal only to Charles Muzzonigro as long as he owns the business. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. VA-55-02 Dania News and Books 1 RESOLUTION NO. 2002-219 rPASSED AND ADOPTED THIS 10T" DAY DECEMBER, 2002. O E T H. CHUNN, MAYO - COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JOHN N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO 7FR'M ND CORRECTNESS: BY: THOMAS J. S O CITY AT ORNEY VA-55-02 Dania News and Books 2 RESOLUTION NO. 2002-219 i APPLICATION NUMBER: Date stamp CITY OF DANIA BEACH VA- 55-oa SEP 2 0 2002 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. NAME OF APPLICANT: C Phone: - G d ADDRESS OF APPLICANT: ((, Q p 3 Fax: 3373 PROPERTY INTEREST OF APPLICANT: i� NAME AND ADDRESS OF PROPERTY OWNER: ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY: PRESENT ZONING: LOT SIZE/AREA.- PRESENT/PROPOSED USE OF PROPERTY: • DESCRIPTION OF VARIANCE(S): (UST THE ZONING CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED -PLEASE CONTACT THE ZONING DEPARTMENT FOR ASSISTANCE WITH THE ONING REGULA NS AND ARTICLE NUMBERS): "Q,011 A f0Xf rv1 l d Ona 161LsarrPSS r" I_ I U 04,o+1,e,r, LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT,ATTORNEY): 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. ti . 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. TEE Jt A� n , ©\.r P)dL STDPO Chl `"D,�TFSh .��j.i��j � C LJ/rry1�1 I DD D fj��T �'T���ra.n�rtG.��A•c1, }}�Tg1_�. ,�. 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. ff __ �Jw rn� ,G-C �d0 f✓ 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. ��))�� ,�il- 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 etrimental to the p blic welfare. n cl 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this re uest. Ma Ls o 2-- - - - - - - - - - - -- --- - - - -- - - -- - - -- - - - - - - -- - - - - -- -- - - -- - - - - - - �ane This is to certify that I am the owner of the subject land(s) described above in the petition for variance. (Complete only if applicable) I have also authoriz he u ersigned petitioner to make and file this application for varia ce. ' po 3AQ.Mir k SJC44ATuRE OF PR STATE OF FLORIDA Print Name: �-"f S o.+f C►a—0-c. e-L— COUNTY OF BROWARD aoo d- The forgoing instrument was acknowledged before me on G ��nh�,2eel by G'A,e405 Ile�z ,as(title] for fname of entity] a Florida Corporation,who is ersonally known , r produced as identification. ez ea e;e;& arc. My Commission Expires: rt,,.r Zenaida Garcia NOTARY P IC 1 MY COMMISSION# CM7367 EMS February 8.2004 BONDED THRU TRW FAMHWUNCEINC. KEN JENNE . SHERIFF BROWARD COUNTY P.O. BOX 9507 FT. LAUDERDALE, FL 33310 TO: Larry Leads Growth Manager City of Dania Beach FROM: Detective Richar C.P.U. Distri DATE: October 29, 2002 SUBJECT: Background Checks As you requested I conducted background checks on the following businesses that have applied for extended operating hours. Dockers Restaurant 318 N. Federal Hwy. I conducted a computer inquiry for police service calls at this location from, 01/01/2001 thru 02/27/02. I find no unusual or illegal activities at this business. See Attached Form Wayside Inn 38 NE 1 Ave. I conducted a computer inquiry by address from 01/01/2001 thru 02/25/2002. I find no illegal activities at this business. Copa Lounge 2800 S. Federal Hwy. I conducted a computer inquiry for police service calls at this location for the past year. I find no unusual or illegal activities at this business. See Attached form. Dania Beach Newsstand 308 E. Dania Beach Blvd. I conducted a computer inquiry for police service calls at this address. I find no illegal activities at this business. • AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 10,2002 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-55-02 VARIANCE 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Variance request by Charles Muzzonigro, owner of Dania News and Books located at 310 East Dania Beach Blvd. within the Winn Dixie Shopping Center. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution BSO Report Variance Application Public Hearing Notice • Mailing List Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds, AICP, Director Date December 2,2002 Growth Management Department City Manager Date GROWTH MANAGEMENT DEPARTMENT INTEROFFICE MEMO TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: VA-55-02 — Variance request by Charles Muzzonigro, Dania News and Books, located at 310 East Dania Beach Boulevard, within the Winn Dixie Shopping Center, to allow the sale of liquor for off-premises consumption within 1,000 feet from another business which holds a retail vendor's license (Players Restaurant). DATE: December 10, 2002 Dania News and Books is located within the Winn-Dixie Shopping Center. There is sufficient parking to accommodate existing uses in the center. While BSO reports no legal activity, staff cannot support off-premises liquor sales without a limitation on hours of operation. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval, subject to 8:00 pm closing time. NEWS AND BOOKScc.DOC NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on December 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 request: VA-55-02 — Variance request by Charles Muzzonigro, owner of Dania News and Books located at 310 East Dania Beach Blvd., within the Winn Dixie Shopping Center. Mr. Muzzonigro is requesting a variance from Chapter 4, Alcoholic Beverages, Section 4-3. Proximity of One Business to Another. Mr. Muzzonigro is requesting that a variance be granted to allow the sale of liquor, for off premise consumption, at his business which is located within 1,000 feet from another business which holds a retail vendor license to sell alcoholic beverages (Players Restaurant). Property is legally described: Dania Golf Course 32-17 B Portion described as commencing at the NW Corner of said plat, South 23.07, East 175 to point of beginning Continue East 315.57, South 150, East 150, North 150, East 36, South ALG East Boundary 626.92, West 649.52, North 470.34, East 150, North 150 to point of beginning. 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. 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 Technician Mailed: December 2, 2002 woTte®o�•.«i•; :.fwaue tIBARRta , qry OF DANA Bill NOTta is Jimmy nGraw that a publicWIN be hold beforeema OW" City Commission on De. camber 10.2002.at 7=. PM.or as soon thereafter ea possible;in tier DORIS Beach ufYROOM. CammMflon center, 0 West Ca Dania '1 c l Q tooter, too west Daido �1J , Beach Blvd.Dania Bench. pposle of hanany ocm- S O Z moo to the ffonoowin rnumbs which might ye• — glrosts: t)VA-St-02.Varlanco Rquest ppyy Marvin Rand Wickham for proper located on swam s;16-18t approximately 375ofI ntheweftis SubdivisionarndMrs.Wickham are rquesting a variance to al- low two ppaarking spdtae for a du (six spews'. required - Chapter 2& Zoning,Article 6.21 Off-S- treat Parking RoquTO moms). SP.-S7.02 Request far to Plan approval to eon- S=try a ud plex on Bro- w 6f0 County R-3(Multlda- mill Zoning. VA-55-02 Variance ro- Iquest by Charles MUZZOrd- gto.owner oDaniia Noce eat Dan i Wlmm the Wtml Dixie Shopping Center. Mr: Muziomgro Is requestln9 a variance from Chapter 4, Alcoholic Beverages,sec- tion Bus 4- Proximity r.o Business to Anothher.Mr. Muizonigro Is requesHrnR that a variance be graammeadd to allow the sale of liquor. for off premise consume• Don,at his business which Is 1«ated wltnm t,00D feet from another Dual- near which fields a remU vendor tic: to seR ab cohollc beverages MW ers Restaurant). A cwoppyy of the proposal Is avoflabto for viewing In th0 6rOwth Management Depertmani,100 WestDe- nla Beach Blvd.. Dania Beach, Florida between the hours of 9:00 AM and 4:00 PM,Monday Friday Wp1easa call(954)924-364 or more information.In- tbreatad parties may sp- pear at the public heorin® and be heard with re to tfM propoae0 perNlon. in accordance with the Americans With DISOWN' Des Act.persons needing assistance to participate In arty of these proceed- should contact Char• lane Johnson,City Clerk, 1100 W.Dania Beach Blvd, Dame Beach, FL 33004, thou a prior to m at least a eets g Any Person vvho decides to appeat a decision made DY the Cl ty COBS Sion wfth reeggard to ally matter cornsidered at this meeting or hearing will need a record of the pro- l� ceedings and for such per- poas may need to ensure that a verbatim record Of the sr - I is made, which record Includes the tesdmorry and evidence open which the appeal is to Dewed. _ . Lou Ann Cwmhngham Plehmrig Taehniclan . 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