Loading...
HomeMy WebLinkAboutR-2001-004 RESOLUTION NO. 2001-004 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A MODIFICATION OF THE SIGN ADJUSTMENT APPROVED BY RESOLUTION NO. 250-99, ADOPTED DECEMBER 14, 1999, AND SUBSTITUTING IN ITS PLACE A NEW RESOLUTION WAIVING CERTAIN CONDITIONS TO SIGN ADJUSTMENT AS REQUESTED BY RICHARD LOWY, OWNER OF DANIA DISCOUNT DRUGS LOCATED AT 16-18 SOUTH FEDERAL HIGHWAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 28, Signs, sets the signage criteria for specific zoning districts within the City of Dania Beach; and WHEREAS, Richard Lowy, Dania Discount Drugs, Inc., received approval of a Sign Adjustment (SA-64-99) through the adoption of Resolution No. 250-99 on December 14, 1999, subject to the following conditions: a) Richard Lowy, owner of Dania Discount Drugs, agrees to removal all window signs; b) Richard Lowy, owner of Dania Discount Drugs, agrees to remove white plastic marquee signs; c) The City Commission agrees to allow the "Liggette Rexall Drugs"wall sign to remain in front; d) Richard Lowy, owner of Dania Discount Drugs, agrees to removal all "Parking in Rear" signs; e) Richard Lowy, owner of Dania Discount Drugs, agrees to change "Liggette"to "Rexall" on vertical sign in front; f) Richard Lowy, owner of Dania Discount Drugs, agrees to reduce the monument sign in rear to meet code requirements; g) Richard Lowy, owner of Dania Discount Drugs, agrees that the rear wall sign will be 9x2 feet; h) Richard Lowy, owner of Dania Discount Drugs, agrees to make dumpster enclosure meet code requirement; i) Richard Lowy, owner of Dania Discount Drugs, agrees that in the parking lot, a landscape hedge will be added with at least two (2)Alexander Palm Trees, and two (2) additional Alexander Palm Trees will be added on each side of the monument sign with landscaping; D Richard Lowy, owner of Dania Discount Drugs, agrees to work with the Program Manager of Main Street on selecting the color of the building; k) Richard Lowy, owner of Dania Discount Drugs, agrees that all improvements to the property will be completed within 180 days; 1) Richard Lowy, owner of Dania Discount Drugs, agrees to maintain all landscaping. WHEREAS, Richard Lowy, Dania Discount Drugs; Inc., received approval of an amendment to Resolution No. 250-99 on January 11, 2000 when he was allowed the option of • leaving "LIGGETT" on the front vertical sign as long as the Federal Highway fagade was painted RESOLUTION NO. 2001-004 and the windows were brought into compliance in accordance with the Sign Adjustment • approval within 90 days at that time. WHEREAS, Richard Lowy, Dania Discount Drugs, Inc., has requested a re-hearing of Sign Adjustment (SA-64-00) as per his letter dated December 19, 2000, in substantial form as Exhibit "A", attached, and staff has no problem waiving the conditions connected to the approved Sign Adjustment (SA-64-00) as follows: 1) Providing landscaping in the rear yard parking lot; 2) Construction of a concrete dumpster enclosure; 3) Some small window signs remain in the front window (window signs not permitted by the Sign Code) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach hereby grants approval of the modification of Sign Adjustment (SA-64-99) by Richard Lowy, Dania Discount Drugs, Inc., by waving the landscaping in the rear yard parking lot and construction of a concrete dumpster enclosure and allowing two small window signs to remain in the front window with the following conditions: (1) applicant shall have the option of constructing a CBS or vinyl type dumpster enclosure; (2) Applicant shall install a planter around the monument sign; (3) All improvements must be completed within 90 days. 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. RESOLUTION NO. 2001-004 PASSED AND ADOPTED THIS 9`h DAY OF JANUARY, 2001. CK-M&CLLYW MAYOR -C . MISSIONER ATTEST: ROLL CALL: MAYOR MCELYEA- YES VICE-MAYOR BERTINO-YES COMMISSIONER CALI-YES SHERYL CHAPMAN COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS ANSBRO CITY ATTORNEY • RESOLUTION NO. 2001-004 FROM DANIA REXALL PHARMACY FAX NO. : Dec. 19 2000 04:23PM P1 DANIA DISCOUNT DRUGS, INC. t� .`YOUR ONE-STOP ffEAJ_TW CARE Sffop" 16 SOUTH FEDERAL HIGHWAY DANIA BEACH, FL_ 33004 (9S4) 921-4661 / PHONE (9S4) 921-0484 OR (9S4) 921-4339 / FAX Decembea 19, 2000 DEAR MR. LEEDS. I AM WRITING TO YOU REQUESTING MODIFICATION OF.SION ADJUSTMENT CONDITIONS. SPECIFICALLY, A WAIVER OF THE PARKING LOT LANDSCAPINGS. Z U, OWY a n��� DANIA DISCOUNT DRUGS INC. DEC 1 EXHIBIT �® ®� RESOLUTION NO. 250-99 A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY RICHARD LOWY, OWNER DANIA DISCOUNT DRUGS, FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160. SIGN REGULATIONS, FOR PROPERTY LOCATED AT 16-18 SOUTH FEDERAL HWY. , DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 28, Signs, sets the signage criteria for specific zoning districts within the City of Dania Beach; and WHEREAS, Richard Lowy, owner of Dania Discount Drugs, has applied for a sign adjustment (SA-64-99) to allow for signage which is in excess of the allowed regulations in the- Downtown Dania Beach Redevelopment Zoning District for property located at 16-18 South Federal Hwy., Dania Beach; WHEREAS, the Planning &Zoning Board on November 17, 1999, recommended that the City Commission grant the sign adjustment request SA-64-99 based upon the criteria set forth in • Article 28, Section 28.200. "Relief from requirements; Sign Adjustment; Variances", 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 SA-64-99, for a sign adjustment from Chapter 28 Zoning, Article 28, Signage, Section Sign Regulations, a copy of which is attached as Exhibit"A"is approved with the following conditions by City Commission on December 14, 1999: a) Richard Lowy, owner of Dania Discount Drugs, agrees to removal all window signs; b) Richard Lowy, owner of Dania Discount Drugs, agrees to remove white plastic marquee signs; c) The City Commission agrees to allow the"Liggette Rexall Drugs"wall sign to remain in front; d) Richard Lowy, owner of Dania Discount Drugs, agrees to removal all "Parking in- 1 RESOLUTION NO. 250-99 ea OIL Rear" signs; e) Richard Lowy, owner of Dania Discount Drugs, agrees to change "Liggette" to "Rexall" on vertical sign in front; f) Richard Lowy, owner of Dania Discount Drugs, agrees to reduce the monument sign in rear to meet code requirements; g) Richard Lowy, owner of Dania Discount Drugs, agrees that the rear wall sign will be 9x2 feet; h) Richard Lowy, owner of Dania Discount Drugs, agrees to make dumpster enclosure meet code requirement; i) Richard Lowy, owner of Dania Discount Drugs, agrees that in the parking lot, a landscape hedge will be added with at least two (2) Alexander Palm Trees, and two (2) additional Alexander Palm Trees will be added on each side of the monument sign with landscaping; • j) Richard Lowy, owner of Dania Discount Drugs, agrees to work with the Program Manager of Main Street on selecting the color of the building; k) Richard Lowy, owner of Dania Discount Drugs, agrees that all improvements to the property will be completed within 180 days; 1 1) Richard Lowy, owner of Dania Discount Drugs, agrees to maintain all landscaping. 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 14T" DAY OF DECE.MBER, 1999. �i i % ) R - COMMISSIONER 2 RESOLUTION NO. 250-99 • ATTEST: ROLL CALL: MAYOR BERTINO - NO VICE-MAYOR MCELYEA- YES SHERYL C APMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS"-J. A BRO CITY ATTORNEY 3 RESOLUTION NO. 250-99 Date stamp �PPLtCAT10N NUMBER: CITY OF DANIA BEACH Q 100 WEST DANIA BEACH BOULEVARD DANIA BEACH. FLORIDA 33004 y_(, (954) 921-8700 l 5 • APPLICATION FOR SIGN ADJUSTMENT The undersigned petitions the Planning and Zonino Board and the City Commission of the Citv of Dania Beach. Florida to consider a sign adjustment upon the parcfel(s))oof land described in this application. NAME OF APPLICANT: ACIESS OF APP !CANT: A►�1 L-�C.�� PHONE. PROPERTY INTEREST OF APPLICANT: �'e.u'v�z NAM AND AD�RRESS OF PROPERTY OW E (IF OT THE APPL ANT): Wut>'l ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: ecw►3 or- � Ail A _q -c� Lam+ � t-0 03 LI- Z ).,- ZONING CLASSIFICATION: L LOT SIZE: PRESENT USE: • PRESENT SIGNAGE. t'1 )S'T-CI ! y DESCRIPTION OF THE SIGN ADJUSTMENT REQUESTED (INCLUDING SPECIFIC CODE SECTION REFERENCE). LIST THE NAMES AND ADDRESSES OF ANY EXPERTS (PLANNER. ARCHITECT. ,:TTORNEY. ETC.. IF ANY): PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A- SIGN ADJUSTMENT 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: Describe how the sign will still maintain the basic intent ano aesthetic improvement purposes of the sign regulations. particularly as It affects the appearance and compatibility with propertie in the surrounding areas. I r qgW Describe how the dons permitted under this code cannot be aaequately viewed due to physical site distinctions other t an those Imposed by City ordinance or cr ted by the applicant. No ' w MASS Co vkt v.q. tkW-f(c fz- Describe how the architectural deslon of a structure or the site plan pose unique and extenuating characteristics whi h are not compatible with the r ulrements of the gn article. �tj W0kcy G7(�s St kkc- `� , 19301S � I� k-4- l a 7 A U- W l t-�'t E5 ( S Describe how the structure or site configuration are unlaue. which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. e a►�� - �� 1 R-c-L 6 ,sec ass a� ``ram 4-1 aAJ be- 19 6 u f`l A) ( rfirtc C!b✓ s� tiJ (S VA If the sign is an existing sign, describe the age of the sign and the extent to which the sign devlatQs from the exlstlna code requlremen s, in ad Ion to the criteria Above. t L L 7AkA L4 f I-S STATE OF FLORIDA SIGNATURE OF APPLICANT COUNTY OF BROWARD The forgoing instrument was acknowledged before me on 1999 by as (title] '- '" 'or(name of entity] ^~ a tt 8 a Florida Corooratton, who is _j:L_personally known to me. or produced as identification. OFFICIAL NOI-ARY SFAL I iOWARD B NEWMARK .1v Commission Exotre :NOTARY P:BLIC STATE OF FLORIDA - - -- COMMISSION NO.CC608918 NOTARY PUBLIC MY COMMISSION EXP.DEC.172000 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 SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF BROWARD The forgoina instrument was acknowledged before me on 1999 by . as (title] `or(name of entity] a Florida Corporation. wno is personally known to me. or produced as identification. My Commission Expires: NOTARY PUBLIC NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH 0OTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, ecember 14, 1999, at 7:30 p.m., or as soon thereafter as possible, in the 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: 1) Petition No. SA(VA25-98) — Sign Adjustment request by Phil Glassman, Manager/Lessee of the Dania Shopping Center, located at 126 South Federal Hwy., Dania Beach, for a sign adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160 — Downtown Dania Beach Redevelopment District Sign Regulations. Property is legally described: Town of Dania,`Plat Book B, Page 49, lots 1 less St. Rd., 2, 3, 4 less St. Rd., 5 less St. Rd., 6, Blk 25; along with lots 7, 8 less St. Rd., Blk 25; along with lots 10, 11, Lot 12, St. Rd., Blk 25. along with lots 13 less St. Rd., 14, 15, Blk 25; and along with lots 9 & 16, less St. Rd., Blk 25. 2) SA-64-99 — Sign Adjustment request by Richard Lowy, owner of"Dania Discount Drugs, Inc.", located at 16-18 South Federal Hwy., Dania Beach, for a sign adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160 — Downtown Dania Beach Redevelopment District Sign Regulations. Property is legally described: Town of Dania, Plat book B, Page 49, Lots 5,6, 7 &8 Block 22 less State Road. 3) Petition VA-76-99 - Variance request by Pascal Richer from Chapter 28, Zoning, Article 5, Supplementary Lot Regulations. Section 5.36, Walls, Fences and Hedges. Mr. Richer would like to request a fence height in the front yard of 6 feet where limited to 4 feet for property located at 255 South Dixie Hwy., Dania Beach. Property is legally described: North Hollywood 471 B Lot 22 less that part lying east of a line that is 60 ft west of& parallel with east line of lot 21 as occupied, Blk 22. 4) Petition VA-77-99 - Variance request by Roman E. Gzyl from Chapter 28, Article 4.20 Schedule of Lot Yard and Bulk Regulations for relief from 20' of front yard setback in conjunction with the placement of a canvas car cover. Property located at 4611 SW 341 Avenue, Dania Beach, Florida. Property is legally described: Lot 6, Block 2 Avon Isles, according to the plat thereof-, as recorded.in Plat Book 40, Page 31 of the public records of Broward County, Florida. 5) Petition VC-89-99- Request by the City of Dania Beach to vacate 1,650 sq. ft. of alley easement located at the�rear of 333 South Federal Hwy. Property is legally described: The "Alley" as shown on the Plat of"Hollywood Center Court" according to the plat thereof, as recorded in Plat Book 25, page 42, 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., (954) 924-3645, 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 Sheryl Chapman, Administrative Services Director. 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 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: Thursday, December 2. 1999 n • a $ / e t F g , �3 • r w w e b' g• 5g yy� �R w. t a^- red, e ep f "atr d x Y . _ y •�i e � a' , x IIj low r- ,_ • - •11 1 1 1 .• :.• • • 7 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith City Manager FROM: Leigh R. Kerr, AICP Planning Consultant DATE: December 3, 1999 SUBJECT: SA-64-99 - Sign Adjustment APPLICANT: Richard Lowy, owner of Dania Discount Drugs, Inc. REQUEST: Request for relief from Dania Beach Sign code, which would allow the existing signage at this site to remain. LOCATION: 16-18 South Federal Hwy., Dania Beach EXISTING ZONING: C-2 — Commercial/Downtown Redevelopment District FUTURE LAND USE: Commercial PROPERTY SIZE: 10,000 square feet SURROUNDING ZONING: C-2 Commercial to the North, East and South; OS (City Hall) to the West SURROUNDING LAND USE: Commercial to the North, East and South; Parks and Recreation (City Hall) to the West. As requested, the applicant has provided further details concerning the signs proposed for the property. The documentation submitted reflects that the applicant will remove the marquee signs on the front of the building. In addition, wall signs will be removed from the front and rear windows. However, it is unclear whether the applicant proposes to remove all of the window signs. In the rear of the building, the applicant proposed one monument sign that complies with the Code requirements. In addition, one wall sign is proposed in the rear. The standards for wall signs are provided below. comm sa6499 Iowy.DOC PRIMARY WALL SIGNS Height 2.5 feet Width 15 feet Area 37.5 square feet SECONDARY WALL SIGNS Area 9.4 square feet The main portion of the rear wall sign is 18 feet in width by 3 feet in height with a total_ area of approximately 54 square feet. Secondary wall signs are permitted for buildings. abutting a side street if they are reduced by 75% of the size of an allowable wall sign. The proposed wall sign exceeds the area requirements for a primary wall sign by approximately 30% and is nearly 6 times the area requirement for a secondary wall sign. In the front, the applicant has removed marquee and window signs. The applicant proposes to maintain the existing wail sign with slight changes. The applicant has not provided dimensions for the existing wall sign. However, the width of the building is approximately 50 feet and the sign extends over most of the building width. Therefore, this sign does not comply with the width and area requirements for a wall sign. In addition, the applicant proposes to maintain the current roof sign with a change in copy. STAFF RECOMMENDATIONS: Approval of the monument sign subject to compliance with all setback requirements. 1. Approval of a secondary wall sign in the rear of the building with a maximum of 9.4 square feet. Subject to: 1. Removal of all window signs. 2. One "open" sign on the front and rear of the building consistent with code requirements. 3. Removal of the copy from the roof sign. 4. Reduction of the area of the front wall sign pursuant to Code. Planning and Zoning Board Recommendation: Approval subject to staff- recommendations (4-0). comm sa6499 Iowy.DOC ��. ;. •:f `; t ` >.d '1,4tt �. CC r i. 4u� `i i I:_ c �j�, .i .�. m a i� tY r� r� � 3 t aliI{I 4r� �r"� k� �� � p YJ \� Y �I II! r... $ w e .'^' � ! . �` I I� I i, I �=t �'S *�� :� 7�!11Rt''. _ h.� 1 f� ray' c ��. i i ,� t M1 'w.. � .0 _ �% . {� Y �� � t`s�tl d +n � � fir' Z r"'� � �^` yW i I!w '�' •�� 3 �T� � �..1 4 Y �� i� ;' y _,�y S 3 r 1 ... k ��jt.Flpj rfa.• � "-'$t 2'S��'�r � ' .! sa�L:ly" ',�`���! ;���� � _ r���p; r � Y _.�� t�1 is �i� �.J .�.�, ._ . i ,' =s �o � ice" - .. �.. ,.— �- _. -,.. _ � �� �� � rti: � j'., �lF,pt � 'tiw� �, y � Yf r _ 'Y� � •c �' uS '` it� � � � � � {± r � �' �� �{�4�Y,1� , i �-1�� a A ;�,� �*ems �� -c a .�� $K��S � 1'-�?` �:- .may.' Ca::a q �. 6 � t 5 � 1- � 3 h� � r '� � ����v -" � �' �� �, t � r �� r 1 Cal PIL V au lv�k'^SY [L F aus N� 1 .a.- w T' i �z fi i it tat l i.� ry 1 �M 14 �'�{.•..' ��, �i♦tiriD�I4 w ryjy.. �� }h1)1�tiy7+prfhk {w•.r^}u• iPt4. 1�L�1. a •e.l '. a 1> r d�r a l r a +F 4 cr y t ,• i4, , '/r'h .f Il /Yhyr to,faf v Zlhr 1 1 Y�r1w 'y • �S,r ,R.:; r Nr '•} AVVV14 h li+ A(1 •i{{ .(rn l`I r 4.1 .� all, .q { •�s... + x d �^rli r�Y r. , J / y ►stl'C t WI ,,+ 3 1, �` n:�s � _ ,�• � r�+F�te�s i�°C. _tip' ! w'�• -� � K '11 t l •gL}7WIr �1 mx• f t 1 1�L C .d h1 f��+S' �>-+A t L�f.* P r + ?+( \�'Ff+ r; ,t,Stiq�{ ,r 1} �: r,(:r /+sa�R�,s�,•�e�' �f11 + T+ r=t�'$vl�+,.�� ' AYd j4. f"'Y� y �•: _t7a�\��1`17�+,X Ay t �n r'Ib� f5,�y} `If fi •�� tt ' d. r� , Siid CT+�'•• '�+7+•. ua� tv>� `° ,J S 1Y'i �S,�'• {'�3[''�' � �l lrl I.it a.�3,��"r�jr j� fJ tyi � v7 r�r'� r ZS SZ i o ,�,�+' t r a lr� J�SSSd. �r1'✓' x�rr'; ��e�ek � ' t e r ., f A i,• -} rl �( t .�''���` 14rr•c a,�.'f'y� y r r\�.".�,� • '�\"r' n L_"ter? t ' �`r 1.�t'; ��f+J �14 f t �2 1 r Ir.`+u,t u r 7r iu \q* r v:11 51,1 r F !°�.71`,k►' � Lr arts � � V�1/ �r�.�n ��Lw t•�tt)Hy,4� l.�Y rr i.t1•)�r* .. .„,_„�-� - ..IW+.b � �"sue�'��I 11Y�°`3,t'h' '1 4%t��.+ .1•r{f ���`j�\ 1, \♦�� (� '�' 7 �T r ~�S r .sib'` rr �i,r�.rk�1�J`a�: .o•......... � �-�' t r• � .N�.' ,. .; .�„ �,..��' �:.,dt^y9� T+' A ! �}, �r d.ryF.'f�yt t �.���r ,s +.Y 4}t " '� t ° �y+ v�o�ra!'k,? tiai` �+ `.o-•'-s },xi toa 1. t� Tv _ f l 11 / ��� ! yiy Bar �,.�� �£ `may �•- A I� f / i { r I ti �r r ti W Wi t .q'•� L `ice� +7� � ` •� .I, gab `tC r: .c � ,i:� � 1 I h?�,s ,, x Cs :1 a• 3 5 It• 11 s t i Y r'a I � i , i 1 1 � I I Q �I I j,tj � I I II I I~ Ills lrl I 11 II 1 Q >i f °� 1 f ���1...,_,..,.---r� �, -\� ' �� �- --� . ,_ _ :�-__ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JANUARY 9, 2001 2. DESCRIPTION OF AGENDA ITEM: REHEARING -SIGN ADJUSTMENT REQUEST —SA-64-99 - RICHARD LOWY"DANIA DISCOUNT DRUGS"— 16-18 SOUTH FEDERAL HWY., DANIA BEACH 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum Letter to Richard Lowy dated November 1, 2000 Minutes from December 14, 1999 Commission Meeting Minutes from January 11, 2000 Commission Meeting Adopted Resolution 250-99 with backup Amendment Resolution Amendment Request letter from Richard Lowy, Dania Discount Drugs 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff Review Submitted by: Laurence G. Leeds,AICP, Director Date 01/04/2001 Growth Management Department City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP Growth Management Department DATE: January 9, 2001 SUBJECT: SA-64-99: Reconsideration of Sign Adjustment for Dania Discount Drugs (16-18 South Federal Highway) On December 14, 1999, the City Commission approved a sign adjustment for Dania Discount Drugs subject to numerous conditions. This approval was reconsidered and modified by the City Commission on January 11, 2000 (see attached minutes from 12/14/99 and 1/11/00). An inspection of the property in October 2000 indicated Dania Discount Drugs had not complied with the sign adjustment approval. Mr. Lowry was notified on November 1, '2000 and subsequently brought his property into substantial compliance. Mr. Lowry is now requesting waiver of the landscape conditions. An inspection of his property confirms that he has complied with all conditions except the following: 1) Providing landscaping in the rear yard parking lot (condition of approval). 2) Construction of a concrete dumpster enclosure (condition of approval) 3) Some small window signs remain in the front window (window signs not permitted by the Sign Code). Mr. Lowry indicates he is unable to install landscaping in along the south lot line of his parking area (next to the new monument sign) due to the presence of existing underground utilities. Mr. Lowry further indicates he is having a difficult time finding someone to construct just a dumpster enclosure (Estimated cost: $2,000 - $3,000). Staff has received no complaints regarding the handling and disposal of refuse at this site. The remaining window signs are small decals that appear affixed to the inside of the front window near the top of the glass. Mr. Lowry has replaced all other window signs with mortar and pestle "supergraphics" permitted by the Sign Code. Mr. Lowry has installed a new monument sign in the rear yard pursuant to the new Sign Code. RECOMMENDATION With the exception of providing the required landscaping, the applicant's efforts to comply with the sign code have been consistent with the efforts of other merchants along U:S. 1. Staff has no objection to modifying the sign adjustment approval to waive items 1-3 above. 0 DANIA DISCOUNT DRUGS ADJUSTMENT.doc _. � $ $` • / / • a rr FLORIDA November 1, 2000 Richard Lowy 16-18 South Federal Highway Dania Beach, FL 33004 RE: Sign Adjustment (16-18 South Federal Highway) Dear Mr. Lowy: As you may recall, the Dania City Commission granted a sign adjustment for the above referenced property on December 14, 1999 subject to several conditions (see attached minutes). The approval required compliance with all conditions within 180 days of December 14, 1999. The Commission's approval was amended on January 11, 2000 (see attached minutes), subject to compliance within 90 days of January 11, 2000. • A recent inspection of your property indicates you have not complied with the City Commission conditions. In addition, you have not removed signs (including but not limited to "window signs") for which a sign adjustment was not granted. Since it is been 10 months since your sign adjustment was granted, we have no choice but to require full compliance within 30 days of the date of this letter (60 days for installation of the dumpster enclosure and new landscaping pursuant to Code). In the absence of full compliance, your case will be referred to back to the Code Enforcement Board for outstanding violations. Please note that many of the items to be addressed require permits. Please contact William Johnson (924-3646), Chief Zoning/Code Officer if you have any questions. Sincerely, Laurence Leeds, AICP, Director Growth Management Department Cc: Michael Smith, City Manager William Johnson, Chief Code/Zoning Officer • Tim Ryan, Esquire, Code Enforcement Board Attorney Richard Lowy, 1427 Mariner Way, Hollywood, FL 33019 "Broward's First City" Dania Discount Drugs 110100.doo 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us