HomeMy WebLinkAboutR-2001-039 RESOLUTION NO. 2001-039
• A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUESTS SUBMITTED BY ATTORNEY STEVE HOFFMAN,
REPRESENTATIVE FOR BRYAN ROAD LLC, FROM CHAPTER 28 ZONING,
CHAPTER 26 VEGETATION AND ARTICLE II, OF THE ZONING APPENDIX,
FOR PROPERTY LOCATED AT THE NE CORNER OF BRYAN ROAD & NW 1ST
STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, sets the code
standards for pervious areas, parking requirements and setback regulations for the City of Dania
Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Section 33-40,Article II Accessory and
Detached Buildings, of the Zoning Appendix, sets the Regulations and use code standards for
waterways in the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, sets the code
standards for landscaping requirements in the City of Dania Beach; and
WHEREAS, Attorney Steve Hoffman, representative for Bryan Road LLC., has applied for
the following variances (VA-60-00) in conjunction with the construction of a Dry Stack Marina
building:
1) Variance to provide 22% pervious area (30% required).
2) Variance to provide 0.5 parking spaces per boat stack space (0.7 parking spaces per
boat stack required).
3) Variance request to waive a portion of the rear yard (east lot line - abutting the C-10
Canal) landscape perimeter buffer.
4) Variance request to provide 50% of the required interior parking lot landscaping
requirement.
5) Variance request to allow docks to extend 25 feet into the adjacent C-10 Canal
(Maximum 10 foot dock extension permitted).
property located at NE corner of Bryan Road & NW 1 st St. within the City of Dania Beach.
located Dania Beach; and
WHEREAS, the Planning & Zoning Advisory Board on February 21, 2001, recommended
that the City Commission grant variance request VA-60-00 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;
r-va-60-00 bryan road Variance.doc RESOLUTION NO. 2001-039
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-60-00, for a variance as described above (from
requirements in Chapter 28, Zoning, Chapter 26, Vegetation and Article II of the Zoning Appendix),
a copy of which is attached as Exhibit "A" is approved subject to the following conditions:
1) Applicant to investigate alternative pervious paving materials.
2) Applicant to install and agree to maintain landscaping along the south portion of
the site within future city road right-of—way.
3) Applicant to provide agreement to maintain landscaping in future city right-of-way
area and indemnifying the City for any injuries incurred by owner/operator and
employees of Boat Storage Operation.
4) No outdoor storage of boats, trailers, or machinery.
5) No outdoor work on boats, trailers, or machinery.
6) No more than 210 boat storage stalls permitted.
7) Architectural tower features to extend four (4) feet from building.
8) No public address system shall be used.
9) Site lighting shall be directed down towards parking lots and away from adjoining
properties.
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 March 2001.
MAYOR— COMMISSIONER
ROLL CALL:
ATTEST: COMMISSIONER BERTINO -YES
COMMISSIONER MCELYEA-YES
X W a,7�' COMMISSIONER MIKES-YES
"§HERYL C14APMXN VICE-MAYOR CHUNN-YES
ACTING CITY CLERK MAYOR FLURY- MIKES-YES
r-va-60-00 bryan road Variance.doc 2 RESOLUTION NO. 2001-039
APPROVED AS TO FORM AND CORRECTNESS:
By: cl 1� N ,k,
THOMAS J.�A SBRO
CITY ATTORNEY
r-va-60-00 bryan road Variance.doc 3 RESOLUTION NO. 2001-039
; 1i1oiuu o: lur'M; a54 566 9219 CONTINENTAL MUTUAL MORTGAGE CORP; Page 2
Sent By: MASTRIANA AND CHRISTIANSEN PA; 954 566 9219; Nov-13-00 4:17PM; Page 2/3
APPLICATION NUMBER: Cr Y OF DANIA BEACH
_ 100 WEST DANIA BEACH BLVD. D
DANIA BEACH, FL 33004
(954) 921-8700 X282
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: BRYAN ROAD LLC Phone:
ADDRESS OF APPLICANT: 17750 SW 154th STREET, MIAMI, FL Fax:
PROPERTY INTEREST OF APPLICANT: FEE SIMPLE OWN88
NAME AND ADDRESS OF PROPERTY OWNER: SANIK
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE CORNER OF INTERSECTION
OF BRYAN ROAD b SW 1st STREET. LEGAL ATTACHED.
PRESENT ZONING: IRM LOT SIZE/AREA 2.38 ACRI
PRESENT I PROPOSED USE OF PROPERTY: VACANT/34,830 SF DRYSTACK BOAT STORAGE
FACILITY
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED): Loading area: Required in rear/provided inside building
_ Parking 0.70 spaces Per boat r ouired/0 50 spaces Per boat provided
Continuous rear landscape buffer - cannot be provided for marine use
Landscape with Vehicular Use Area - 8.000 a.f. required / 4,000 s.f. provided
_Pervious Area - 30Z req red/22Z Provided Dock Length - 10' req.a5' provided
Rear setback - 27.5 feet required/20-25 feet provided
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
Stephen V Hoffman, Esq., Mastriana k Christi maair- P.A.
1500 N. Federal Hirxtmray, Suite 200 Fort Tanda.rdale- Fr- 3130
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 spectral 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
The site is a co r Int And JS AdJ wa.,,r rn r e nswie r�
In addition, roadway dedication requirements exasperate the site conditions.
4
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.ent 5y: MASTRIANA AND CHRISTIANSEN PA; 954 566 9219; Nov-13-00 4:17PM; Page 3/3
2) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
The applicant did not subdivide the 2101DOM to ca=p rhPRP rn dir-lain
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 dtstricL
Similar variances have been granted to other s ntlnr ,11Cgo yrithin thah _
neighborhood. The Krantlm& 01 the va- s*. a will allrig flan of r-b
property consistent with the adjacent property uses
4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive
the dppticant of rights commonly enjoyed by other properties in the same zoning district and
would work unnecessary and undue hardship on the applicant.
If variances are not granted, this site could not be developed.
5) Describe how the rmquesWd variance is the minimum variance that will make possible the
reasonable use of the land,building or structure.
The applicant has nazimiaed to the extent feasible vA ki>ng._aud
• landscaping on this site.
6) Explain how the grant of the vahance(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 othefwise
detrimental to the public welfare.
The proposed use is--a--marine based use, consistent with a 2ro2erty
located on the water and compatible with the surrounding uses
7) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request.
See attached letter to Lar
ry Leeds.
- - -- -- - - -- ----- - ------- ------------ ------- -- ---- --------
This is to certify that 1 am the owner of the subject land(s) described above in the petition for variance.
(Complete only ;f applicable) I have alsoiNATU*Rg,6F
th , ndersigned petitioner
to make and file this appl
I(
STATE OF FLORIDA
COUNTY OF M►AAA-*ti-:
The forgoing inatrtrrrrsnt was adutowledged before me on 1-61,14 dje tpDf k)DV. 1�9t�py M
as”] for(name of eMlty] af
L�c a Florida Corporation.who is�rsonafly known to me,or prod
as identification. Julie a Tumer
MY COMMISSION#CC747013 EXPIRES ~
My Corrxnrssron Expires' ' June 8,2002 NOTARY P BUC
BONDED THRU TROY FAIN ISURANCEINC
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
March 27, 2001 at 7:30 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 requests:
VA-60-00 - Variance request by Attorney Steve Hoffman, representative for Bryan Road LLC., for
property located at NE corner of Bryan Road & NW 1 st St. within the City of Dania Beach. Request is
for permission to construct a Dry Stack Marina building with the following variances:
1) Variance to provide 22% pervious area (30% required).
2) Variance to provide 0.5 parking spaces per boat stack space (0.7 parking spaces per boat stack
required).
3) Variance request to waive a portion of the rear yard (east lot line - abutting the C-10 Canal)
landscape perimeter buffer.
4) Variance request to provide 50% of the required interior parking lot landscaping requirement.
5) Variance request to allow docks to extend 25 feet into the adjacent C-10 Canal (Maximum 10 foot
dock extension permitted).
Legally described: The Bryan Road Warehouse Plat - The west half (W1/2) of the Southwest Quarter
(SW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 33, Township
50 South, Range 42 East, said lands situate, lying and being in Broward County, Florida; Less those
portions conveyed by Warranty Deeds recorded in OR Book 2161, Page 802; OR Book 3559, Page
291 and OR Book 5499, Page 397, all 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., 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.
Lou Ann Cunningham
Planning Technician
Published: March 16, 2001
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. s
1. DATE OF COMMISSION MEETING: 03/27/01
2. DESCRIPTION OF AGENDA ITEM: VA-60-00 -VARIANCE REQUESTS BY ATTORNEY STEVE
HOFFMAN, REPRESENTATIVE FOR BRYAN ROAD LLC., FOR PROPERTY LOCATED AT NE
CORNER OF BRYAN ROAD & NW 1ST ST.WITHIN THE CITY OF DANIA BEACH.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION& BACKGROUND:
Request is for permission to construct a Dry Stack Marina building with the following
variances:
1) Variance to provide 22% pervious area (30% required).
2) Variance to provide 0.5 parking spaces per boat stack space (0.7 parking spaces per
boat stack required).
3) Variance request to waive a portion of the rear yard (east lot line - abutting the C-10
Canal) landscape perimeter buffer.
4) Variance request to provide 50% of the required interior parking lot landscaping
requirement.
5) Variance request to allow docks to extend 25 feet into the adjacent C-10 Canal
(Maximum 10 foot dock extension permitted).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Variance Application
Public Hearing Notice / Location Map
Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board approved this request at their February 21, 2001 regular
meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date March 19, 2001
Growth Management Department
® City Manager Date
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
SUBJECT: Bryan Road LLC: Proposed 35,000 Square Foot Boat Storage Building
Located at the Southeast Corner of Bryan Road NW 1st Street (IROM
Zoning)
VA-60-00: Variance Request to:
1) Provide 22% Pervious Area (30% Pervious Area Required).
2) Provide 0.5 Parking Spaces per Boat Stack Space
(0.7 Parking Spaces per Boat Stack Space Required).
3) Waive a Portion of the Rear Yard Continuous Buffer.
4) Provide 50% of the Required Parking Lot Landscaping.
5) Allow docks to extend 25 feet (30 feet from bulkhead) into the
adjacent C-10 Canal.
SP-61-00: Site Plan Approval to Construct 35,000 Dry Stack Boat
Storage Building
DATE: March 27, 2001
LOCATION: The site is bound by Bryan Road on the West, NW 1st Street on the North,
and the C-10 Canal on the east. The parcel abuts residentially zoned land across the
C-10 Canal. The site contains 2.38 net acres (2.95 gross acres, before dedication of
right-of-way for Bryan Road and Dania Beach Boulevard Right-of-Way).
MAXIMUM HEIGHT. 55 feet (62 feet allowed).
SETBACKS: Applicant meets or exceeds setbacks for the both street yards (Bryan
Road and Northwest 1st Street) and the interior side yard (Future Dania Beach
Boulevard right-of-way located at the south end of the site).
The required rear yard setback (adjacent to the C-10 canal) is 27.5 feet. Applicant
proposes a rear yard setback that varies between 20 and 25 feet. The City Commission
can approve a lesser canal setback if the size, width, depth, or configuration of the
building makes it impractical to provide the required setback. The Planning and Zoning
Advisory Board recommended approval of the "variable" 20 to 25 foot rear yard setback.
MINIMUM PERVIOUS AREA: 30% required (22% pervious area is provided). The
Planning and Zoning Advisory Board recommended approval of 22% pervious area.
BRYAN ROAD DRY STACK P AND Z REPORT IV.doc
REQUIRED PARKING: The Parking Code requires 0.7 parking spaces per each boat
storage space (0.5 parking spaces per space is provided). The Planning and Zoning
Advisory Board recommended approval of the lesser (0.5) requirement.
This variance is based on floor plans showing 17,000 square feet of floor area (on the
main floor) devoted exclusively to the loading/unloading boats onto and off storage
spaces.
OFF-STREET LOADING: The applicant has not provided any rear or side yard loading
spaces. The City Commission can permit front yard loading if the size and configuration
of the parcel makes rear yard or side yard loading impractical. The Planning and Zoning
Advisory Board has no objection to the loading arrangement proposed by the applicant.
IROM DESIGN REQUIREMENTS: Applicant proposes an all-metal building with
simulated window shutters and other architectural features-(no actual windows will be
provided).
Large sliding doors (to off-load boats into the water) will face adjoining residentially
zoned property across the C-10 Canal. Large sliding doors will also face Bryan Road to
allow boats to be delivered into the building. Light poles are shown as 30 feet in height
on all sides of the building.
Applicant has volunteered the following:
1) No outside storage.
2) No public address system will be used.
3) Site lighting shall be directed down towards parking lots and away from
adjoining properties.
DOCKS: Docks are permitted to extend out 10 feet into the C-10 Canal. The site
plan indicates 25-foot long docks arranged perpendicular to a five-foot wide dock
running parallel and adjacent to the proposed bulkhead.
The Marine Advisory Board voted to approve the dock variance as submitted on the site
plan. The Planning and Zoning Advisory Board concurred with this recommendation.
Staff has not received confirmation that the proposed canal docks will be allowed by the
respective environmental permitting agencies (Broward County DPEP, South Florida
Water Management District, and Florida Department of Environmental Protection).
Please Note: Environmental agency approvals may result in a different configuration of
docks, bulkhead, or mangrove preservation then shown on the current site plan.
Page 2 of 3
BRYAN ROAD DRY STACK P AND Z REPORT IVA=
LANDSCAPING: Applicant has requested variances to
1) Waive a portion of the rear yard continuous buffer (continuous buffer
required), and
2) Provide 50% of the required parking lot landscaping.
The Planning and Zoning Advisory Board recommended approval of both landscape
variances. City Landscape Consultant Bill Tesauro indicates that all other landscaping
requirements have been met.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION: VARIANCES
Approval of the following variances:
1) Provide 22% pervious area.
2) Provide 0.5 parking spaces per boat stack space.
3) Waive the requirement for a continuous rear buffer.
4) Provide 50% of the required parking lot,landscaping.
5) Allow docks to extend 25 feet (30 feet from bulkhead) into the adjacent C-10
Canal.
Variance approval to be subject to the following conditions (to be noted on the
construction drawings):
a) No outside storage.
b) No public address system will be used.
c) Site lighting shall be directed down towards parking lots and away from adjoining
properties.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION: SITE PLAN
Approval of Site Plan to Construct 35,000 square foot Dry Stack Boat Storage Building.
Page 3 of 3
BRYAN ROAD DRY STACK P AND Z REPORT Mdoc
954 566 9219
;ent By: k-1ASTRIANA AND CHRISTIANSEN PA; 954 566 9219; Mar-21 -01 11 :26AM; Page 1 !1
,J 0
r
MASTRIANA & CHRISTIANSEN, PA
ATTORNEYS AT LA W
1500 North Federal Highway, Sulto 200, Fort Lauderdale, Florida 33304
Visit our web Site: www.m-c-law.com
Stephen V. Hoffman, Esq. Broward (954)556.1234
Email: Steveam-c-law.com Dade (306)949-1234
Direct Fax: (954) 566-9219 Main Facsimile: (954)566-1592
March 21,2001
VIA FACSIMILE
Laurence Leeds, A1CP, Director
Growth Management Department
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
® RE: Bryan Road—Dry Dock Boat Storage/Site Plan
Dear Larry:
This letter is to confirm that the Applicant agrees with the Planning & Zoning Board's
recommendation of approval including the following three conditions:
1) No outside storage to be permitted.
2) No public address system to be permitted.
3) Site lighting shall be directed down and toward the parking lots and away from
adjoining properties.
I understand that we are scheduled for the March 27,2001 City Commission meeting. Please
advise me immediately if there are any issues other than the foregoing.
Thank you.
e lykC
AS STIANSEN,P.A.
Stephen lvlH an
For the firm
cc: Leonard Meroer Chuck Huekalew
Mike Lally David Ettman
Peter Diet Terry Virta
Fred Stresau
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924-3645 Fax: (954) 922-2687
Date: October 24, 2000
Project Name: Bryan Rd. Boat Facility Project No. SP-105-99
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED
IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING
AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND
COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
FIRE MARSHAL: Ed Tarmey
❑ UTILITIES DIRECTOR: Bud Palm
❑ CITY ENGINEER: Calvin Giordanno ` C)/0
❑ PLANNING CONSULTANT: Leigh R. Kerr
❑ CITY ATTORNEY: Thomas Ansbro
® ❑ TRAFFIC CONSULTANT: Molly Hughes
❑ LANDSCAPING CONSULTANT: Bill Tesauro
❑ POLICE DEPT.: Chief Anton
❑ BUILDING OFFICIAL Ken Koch
APPROVED AS SUBMITTED: [ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
Signature
Print Name
• Date
PETITION ROUTING SHEET.doc
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924-3645 Fax: (954) 922-2687
Date: February 14, 2001
Project Name: Bryan Road Boat Facility - REVISED Project No. SP-61-00
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED
IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING
AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND
COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
❑ FIRE MARSHAL: Ed Tarmey
UTILITIES DIRECTOR: Bud Palm
❑ CITY ENGINEER: Calvin Giordanno
❑ PLANNING CONSULTANT: Leigh R. Kerr
❑ CITY ATTORNEY: Thomas Ansbro
® ❑ TRAFFIC CONSULTANT: Molly Hughes
❑ LANDSCAPING CONSULTANT: Bill Tesauro
❑ POLICE DEPT.: Chief Anton
❑ BUILDING OFFICIAL Ken Koch
APPROVED AS SUBMITTED: [ ✓]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
/ �1
Signatu.�; /
Print Name
Date
PETITION ROUTING SHEET.doc