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Home My WebLink AboutR-2001-022 RESOLUTION NO. 2001-022 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY RANDOLPH HANSEN AIA, NCARB, INTER-PLAN, INC., REPRESENTING ANIL PATEL OWNER OF PROPERTY LOCATED AT 333 SOUTH FEDERAL HWY. (REST INN), DANIA BEACH, FROM CHAPTER 26 - VEGETATION, ARTICLE IV - LANDSCAPING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 26-Vegetation,Article IV, sets the Landscaping requirements for the City of Dania Beach; and WHEREAS, Anil Patel has applied for a variance (VA-47A-00) as follows: 1) Variance to provide five foot building setback along the north (interior side) lot line adjacent to commercial use (The zoning code allows "zero lot line", but requires a minimum 10 foot setback if any setback is provided). 2) Variance to waive the shade tree requirement(one tree per each forty feet) along the north (interior side—abutting commercial) lot line. 3) Variance to provide 20% pervious area (30% required). 4) Variance to provide less than the required 20% landscaping in the vehicular use (parking lot) area. for property located at 333 South Federal Hwy., Dania Beach; and WHEREAS, the Planning & Zoning Advisory Board on January 17, 2001, recommended that the City Commission grant variance request VA-47A-00 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-47A-00, for a variance as described above (from requirements in Chapter 26, Vegetation, Article IV - Landscaping), a copy of which is attached as Exhibit "A" is approved subject to all recommendations outlined in the memorandum, including the following: (1) Silver Buttonwoods being replaced with Sabal Palms in the landscape islands; R-VA-47A-00 SUPER 8.doc 1 RESOLUTION NO.2001-022 (2) The porous concrete material subject to approval by City Engineers or Bud Palm, Public Works/Utilities Director. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 27TH DAY OF FEBURARY, 2001. AYOR— CO ISSIONER ROLL CALL: ATTEST: MAYOR MCELYEA- YES VICE-MAYOR BERTINO-YES COMMISSIONER CALI-YES SHERYL HAPMAN COMMISSIONER ETLING-YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO F M AND CORRECTNESS: By: THO A,J. ANSBRO CIT ATTORNEY • R-VA-47A-00 SUPER 8.doc 2 RESOLUTION NO.2001-022 APPLICATION NUMBER: CITY OF DANIA BEACH MOVE �v 100 WEST DANIA BEACH BLVD. v DANIA BEACH, FL 33004 DEC 2 0 2000 (954) 921-8700 X262 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider the variance of the parcei(s) of land described in this application. NAME OF APPLICANT: �1ILr P t1..�--- Phone: �Vj .SSV,O ADDRESS OF APPLICANT: Z Fax: �� • S. OC -7 PROPERTY INTEREST OF APPLICANT: M 1 NAME AND ADDRESS OF PROPERTY OWNER: as. 14 ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: _3�p; S . HW LCF f c Z, HOLLYNCOP C6MF CWFV, RAT &MK 2E f pm' 0_ 42 PRESENT ZONING: 6 LOT SIZEIAREA: , 69 r W,OkS " I PRESENT/ PROPOSED USE OF PROPERTY: D">+ SH (FXJ M K6 JV07EL_ s OD4vf Mi�T tEW / AQ-rEL DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE:. ® FROM AND WHAT IS PROPOSED):R Pr 10'.� Si 4 ZO vPOWS 6 UI 26 LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E. ARCHITECT.ATTORNEY): P3`�'f I`JOM "• 7 •7zl 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 th&- same zoning district. p M W17H FIffEIMEB= S176 F 7n ELLISJN 11� 1 L • 4 �1 Provide evidence that the special conditions and circumstances oo not result from the actions of the applicant. Q�I5�1�Y� sTRUCTUP�b f�R M�'� YG�S �1 Describe how granting the requested varance(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. P v(V s (z srM �+Jl? F^0 uTLI -wq- S IF 11 Ft C,�tJ1L`f MrMies 07Y ON IH(S f1KCPl5KTY 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 in would work unnecessary and undue hardship on the applicant. (�(IS 11 b l.S &-r ,S - , ECISM&b 4-' UTILfrLi 6A,�JWWT- ME6 f�M NI-OW . 10 F98"r C-�.-ra T&O 9W4 L OF 4.1b 9!a S6W r aJr3- LCr. TTfG FGZQJCL)S (s 7XULY I AL- Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land. building or structure. Iffi vl s WIRS-11 F No. QF. uKV fi t3 &F fIEPWULL WKfyJBTS Is "P h - rax 6) Explain how the grant of the variance(s) will be in harmony with the general intent and purpose-ef.- the zoning code, and that such vanance(s) will not be injurious to the area involved or otherwissL-= detrimental to the public welfare. = b `MM JM WILL, IV IMC WIQU S16M F1 I ® X JJ 61L(T(E5 -'i Please add any other comments wnich 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 land(s) described above in the petition for variance.:. (Complete only if applicable) I have also authorize th under sid d petitioner _N, ! I (-�' 1-- to make and file this appiica for variance. SIGNATURE OF APPLICANT STATE OF FLORIDA COUNTY OF BROWARD i The f going instrument was acknowledged before me on. �(� �99�J by /�///i �- L as(title] iJ for(name of entity] v . [ 'a Florida Corporation,who is_personally known to me,or r--lyroduced >!� as identification. ...,,, My Commission Ex MIIDRED P.ROUW NOTARY PUBLIC MY COMMISSION t CC?705� 5 EXPIRES:AuWM 2S,20M NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH f TICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on ruary 27, 2001 at 1:30 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: Petition: VA-47a-00 - Variance request by Randolph Hansen AIA, NCARB, Inter-Plan, Inc., representing Anil Patel, owner of property located at 333 South Federal Hwy. (Leo Motel), Dania Beach, from Chapter 26 - Vegetation, Article IV - Landscaping as follows: 1) Variance to provide five foot building setback along the north (interior side) lot line adjacent to commercial use (The zoning code allows "zero lot line", but requires a minimum 10 foot setback if any setback is provided). 2) Variance to waive the shade tree requirement (one tree per each forty feet) along the north (interior side— abutting commercial) lot line. 3) Variance to provide 20% pervious area (30% required). 4) Variance to provide less than the required 20% landscaping in the vehicular use (parking lot) area. This variance request is associated with the proposed site plan request for the development of a 15,036 square foot "Dania Super 8 Motel". Legally described: Lot 1, 2 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. (333 South Federal Hwy., Dania Beach FL) 400pies 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 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. 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Dania Beach Super 8 Motel Site Plan: New Two Story 36 Guest Room Motel (SP-47-00) Property located at the northeast corner of SE 4th Street and Federal Highway (333 South Federal highway) DATE: February 22, 2001 VARIANCE REQUESTS The applicant has requested the following variances in connection with the construction of a two-story 36-room hotel. 1) Variance to provide a five-foot building setback along the north (interior side) lot line adjacent to commercial use (The zoning code allows "zero lot line", but requires a minimum 10-foot setback if any setback is provided). i The Zoning Code permits the new motel to be built directly abutting the north lot line, next to an existing two-story building (Flo-Mar Cleaners). The architect has setback the motel five foot from the lot line to keep the building off an existing. four-foot utility easement. While the Zoning Code allows "zero lot line" construction along an interior side yard, the Zoning Code also says that if any setback is provided, said setback should be at least 10 feet. As such, the proposed five-foot setback: a) Does not meet the zoning code, and b) Creates a difficult to maintain five foot wide "dead space" between the new and existing buildings for a length of approximately 60 feet. At the same time, requiring a 10-foot setback will make it difficult to develop this narrow 110-foot wide lot. As such, staff reluctantly supports this variance, subject to "gating off' and landscaping this five-foot area between the new and existing buildings (The applicant has complied with this condition). 2) Variance to waive the shade tree requirement (one tree per each forty feet) along the north (interior side— abutting commercial) lot line. The north lot line landscape area is a five feet wide strip of land next to the 18- foot high building wall of the new motel. The other side of the five-foot strip is the laundry parking lot. The presence of the 18-foot high building wall will inhibit and restrict the growth of shade trees in this narrow five-foot wide area. Staff recommends approval of this variance (The applicant will provide a continuous hedge within this area). 3) Variance to provide 20% pervious area (30% required). The proposed site plan shows 20% pervious area (30% is required). The architect indicates that he has provided the balance of pervious area as a "porous concrete" material in the parking lot. The City Commission has not previously approved the use of "porous concrete" as a pervious area. Staff has requested the architect provide engineering drainage specifications for review by Public Works/Utilities Director. The requested variance would waive 1/3 of the required pervious area. Approval of the variance would allow more intense development (in this case, more motel rooms) than would ordinarily be permitted at this location. As such, approving the use of porous concrete as pervious area is a policy decision to be determined by the City Commission. 2 SUPER 8 SITE PLAN Mdoc 4) Variance to provide less than the required 20% landscaping in the vehicular use area ("VUA"). The narrow shape of this parcel (110' x 274') makes it difficult to comply with the 20% VUA requirement in the parking lot. Staff does not object to this variance. SITE PLAN This site plan is located at the northeast corner of Federal Highway and SE 4" Street, directly south of the Flo-Mar Building. Access is off Federal Highway and SE 41n Avenue. The site is.currently occupied by the one-story "Rest Inn" Motel (15 units). The Fire Marshall has approved site access. The property is zoned C-3 and has an underlying land use of "Commercial". Motel is a permitted use in this zoning district. Applicant has provided the minimum number of parking spaces. The applicant has also taken advantage of the Code provision that allows 25% compact spaces. The site plan provides approximately 24% window and door glass along U.S. 1 (35% is required). The City Commission may approve the lesser amount. The Design Guidelines also state: • "...The coloration of the building shall be nature blending with a maximum of three colors exclusive of the roof. The use of earth tone or light pastel colors shall be encouraged..." An architectural rendering will be presented at the Public Hearing. The site plan indicates a 10-foot setback adjacent to the rear (east) lot line pursuant to Code. However, based on overall motel height (27 feet to peak of roof) and nature of abutting development (single family), staff recommends the motel be set back 20 feet from the rear lot line. STAFF RECOMMENDATION (VARIANCES) Variance Nos. 1, 2 and 4: Approval of five-foot building setback (north interior side lot line), shade tree waiver (north interior side lot line), and less than the 20% parking lot landscaping, subject to provision of a 20 foot rear yard setback. Variance.No. 3: No recommendation offered (20% Pervious Area). 3 SUPER 8 SITE PLAN Mdoc PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION (VARIANCES) Variance Nos. 1, 2 and 4: Approval of five-foot building setback (north interior side lot line), shade tree waiver (north interior side lot line), and less than the 20% parking lot landscaping. Variance No. 3: Approval of Variance (20% Pervious Area), subject to the provision of an additional 1900 square feet of porous concrete in the parking lot and the approval of the Public Works/Utilities Director. STAFF RECOMMENDATION (SITE PLAN) Approval, subject to providing: 1) 35% window/door glass on the U.S. 1 building fapade, and 2) 20-foot rear yard setback. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION (SITE PLAN) Approval as submitted. • • 4 SUPER 8 SITE PLAN CCAOC Ire _74 lma, &,/011ltz -111/ Inix- 72!!6 ye, IV,. 1 � J / Z, I-It 6Z4,e C4 el-3 t3 41,ey2Z�l RONAL® L. TOIVIECEK 5901 S. W.44th Street Davie, Florida 33314 Phone/Fax 954-316-9098 � - CD$-�/ VA 5.,��t2 �j /rtc�rtL I LY S .. c-E rrfi 7-7 a aJ 0 7- �Cv, c3-j �`�- !�-/l�c.rJ S/�-r�' C� x�s��•� � /��S .�c�-e�-c..� .;s T Sy�v�-CJ ,g .� ,1 20% AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: FEBRUARY 27, 2001 2. DESCRIPTION OF AGENDA ITEM: VA-47A-00 — VARIANCE REQUEST BY RANDOLPH HANSEN AIA, NCARB, INTER-PLAN, INC., REPRESENTING ANIL PATEL, OWNER OF PROPERTY LOCATED AT 333 SOUTH FEDERAL HWY. (REST INN), DANIA BEACH 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request for variance from Chapter 26 - Vegetation, Article IV - Landscaping as follows: 1) Variance to provide five foot building setback along the north (interior side) lot line adjacent to commercial use (The zoning code allows "zero lot line", but requires a minimum 10 foot setback if any setback is provided). 2) Variance to waive the shade tree requirement (one tree per each forty feet) along the north (interior side- abutting commercial) lot line. 3) Variance to provide 20% pervious area (30% required). 4) Variance to provide less than the required 20% landscaping in the vehicular use (parking lot) area. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Correspondence Variance Application Public Hearing Notice/Mailing List Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON..AGENDA: Planning and Zoning Advisory Board Approved request at their January 17, 2001 regular meeting Submitted by: Laurence G. Leeds,AICP, Director Date 02/21/2001 Growth Management Department City Manager Date ' SheyO Petition We the undersigned approve of the proposed improvements to the Rest Inn Motel, to be re-named Super 8 after the improvements are completed. Printed Name Signature Address 2. 7-4 12 13 15 161 19 20 21 -221 23 25 26 27 29 30 31 321 35 36 37 39 41 42 ` Page