HomeMy WebLinkAboutR-2001-070 RESOLUTION NO. 2001-070
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY ROBERT KRONOWITT, OWNER OF THE
CHOCOLATE JUNGLE RESTAURANT, FROM CHAPTER 28, ARTICLE 4,
SECTION 4.201 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 sets
the proximity requirements of beverage establishments to churches and schools for the City of
Dania Beach; and
WHEREAS, Robert Kronowitt, owner of the Chocolate Jungle Restaurant, applied for a
variance (VA-21-01) to allow Mr. Kronowitt is requesting a beer/wine license (on premises
consumption) within 1,000 feet of a Church for property located at 19 North Federal Hwy., in the
Dania Antiques and Jewelry Arcade, Dania Beach; and
WHEREAS, the Planning & Zoning Board on April 18, 2001, recommended that the City
Commission grant variance request VA-21-01 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-21-01,for a variance as described above (from
requirements in Chapter 28, Article 4, Section 4.201), a copy of which is attached as Exhibit"A" is
approved.
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repealed to the extent of such conflict.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 24`h DAY OF APRIL, 2001.
R-VA-21-01 CHOCOLATE JUNGLE.doc 1 RESOLUTION NO.2001-070
MAYOR— COMMISSION R
ATTEST: ROLL CALL:
�,. COMMISSIONER BERTINO-YES
SHERYL C APMAN COMMISSIONERWELYEA-YES
ACTING CITY CLERK COMMISSIONER MIKES-OUT OF ROOM
VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
APPROVED AS TO FORM AND CORRECTNESS:
By: Z�', 1 W"
TH` MA 'J.'ANSBRO
® CITY A ORNEY
R-VA-21-01 CHOCOLATE JUNGLE.doc 2 RESOLUTION NO.2001-070
APPLICATION NUMBER: Date stamp
CITY OF DANIA BEACH
100 WEST DANIA BEACH BLVD. .3
® 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:-r-tqff IV Phone:(��-�9�J LFE
ADDRESS OF APPLICANT: /A/1 l=EDf j-((y' y j,>/4jyjt1 f3(11, F,(, Fa��j��q 7 7r1� 7
PROPERTY INTEREST OF APPLICANT: TJti'4-A-27T
NAME AND ADDRESS OF PROPERTY OWNER:DA.MA /all=)L=>- 4-.TI UA!'SLaY II C14 DE
ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY:
PRESENT ZONING: 6-1 LOTZSEI/AREA:
PRESENT/PROPOSED USE OF PROPERTY. 0 v rcc n
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 ASS/ TANCE WITH TY192ONING REGULATIONS AND ARTICLE NUMBERS):
I'er— i C'
jU Cfi v/'C/7_ &C 2C,L 7)t'S. �/ �{ Sc�C �-.� /�ft+.C(Pt
O-r` One 6'-'s1AeSS 4o Qno44x.er
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.
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.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request.
Or7-F-22 (JS'Z�S /ti �-A'S filCi?X} c-Pre_ a-I(C,./4?CQ. t e 9
-for `(- IC r
- - -- - - -- - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- -- - -- -
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 authorized the undersigned petitioner
to make and file this application for variance.
SIGNATURE OF PROPERTY OWNER
STATE OF FLORIDA Print Name:
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on /'>r A/ V;H / 2001 by Tr,7i•'�r.'r?
14A--1/7'/ ,as[title] r--�/, .v FYI_ for[name of entity]
, a Florida Corporation,who is._2!Lpersonally known to me,or produced
as identification.
My Commission Expire :���'YP&" IDELLE KROfvOW[TT NOTARY PUBLIC
MY COMMISSION A'C.0 7609M
,,0►F�O�� EXP(RRS:07lLOApry2
1•W3-NOTARY Fla Notary Services k Bandleg Co.
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
® I HAVE AUTHORIZED (<_,zc Kj ccu;_ TO MAKE AND FILE THE AFORESAID
APPLICATION.
SIGNATURE OF PROPERTY OWNER
STATE OF FLORIDA Print Name: T_tYr^�3
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on ,^,�t'!'�_rr /�� 2001 by
as(title] for[name of entity]
as identification. a Florida Corporation,who is_personally known to me,or produced
My Commissi �s: "�"•� �. � �.!/,-1 /% �-• .. �J '
IDELLE KRONOWI-rr NOTARY PUBLIC
a� M♦�E7A�M1991�W N CC 76MM
Check list fo
� ronq co Fee Survey
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;-'fir. •P :,Y r,_.& ,r�- -r r IM, ; z aw
SUN— SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORI ,.- t �OTICEiOF PU�L'IC NEARItVG '
® _ c� :CITY OF DANIA BEACH,q� N ,
MIAMI, MIAMI DADE COUNTY, FLORIDA NOT'�CEISHEREBYb0IVENthat'apublichearingwllitie
held before the,city,Commissfon on Aprfl 24 2001-at
7:30 pn or_as soon thereafter:as possible in the Dania
Beach G�ltyxCominission Room administrative Center,
ioo7`,WesticDanlEikBeach4aBivd"]Dania•Beach Florida
STATE OF FLORIDA C33004 forrthe purpose of hearing any commnt es which
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE .might-o made to the_following-request:
VA-19 O1`=.Vanance' llowinf_:by Mr (chaei'Plum;
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED owner of Michael s,Kitchen Restauranih6datedt"at 433
East Sheridan_Street;in the Publix,Sheridan,Shopping
CentBr'Mr•Plum is requestingg eve nancelrom Chapter
p' 28, Zoning Articlekk-District-RegulationsiSecw,y 201
dM6 WHO,ON OATH,SAYS THAT Proximity of Beverage'Establishments to Churches;and
Schools Mr Blum is requesting a beer/wine ficense'(on
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIE p(Olsenremises Mlddle)3L consumpption))within;1 000.feetof a school
egally descnbetl, Sandpiper tBay
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Commerctaiat7 2 B Tract A;Less Commencingg at>tha
SW cornerofl5afd Tact Easteriyr4y8I36TtoPointtof
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT Beginning„�NortheXT,»265y�East ertyl3200��SouthBrly
229 65 southwester 4 60 esterjy`1 85 to"eo t
ATTACHED COPY OF ADVERTISEMENT, BEING A: dt=8egtnning M1
VJ,-2T-01;+w-Variance a est by Fiober�tg ro7ow
owner�of4T1-e'Chocotate3JungleRocated at19,North
VA-19-01 Federal&Awy�in"4th6?DanfavA tI ues4and+Jewelr lAh;
cads�Mr-� ronowitt zts"regestin
Chap ; valancerdm
; 8_,Zonigg�rticte.I,Dtstr cie9alatlons$ec
4 2oL�oxjmity;of[ everage>;y s abfishmentin to,
IN THE MATTER OF: hurrcChhes andt&chool Mr {i((rono wltt;1sfrequesting a
beer/wine licenseF(on�zppremises consumption)within
l00o feet'of a Chump Legallytiescribed Town of:Da=
Ia 49' ass��t c
VA-19-01 Ik�183 � tt+�y's eww
f.
Copies olheytopose ,pet�t on are ava lab e,for view=
frig In he;Grqwt, ana ementtDe aitrnent¢(q:001West
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE paniaieadh a v¢�', I ',Beac(j� oPtd tie_ efi the
h'oursOofst8:00,a5rfi and 4 OQ�p A e" Friday
ISSUES OF: please;call(954).924 3645 foramore in or ma pn. ritplc `
ested parties ma asppp�����:the public hearing and tie
heardawitht4espectzto^the�p p@titlon
roposed
O*4Qt l�
4/13,1 d In"accordancewithlihe"Atnericans With,Plsaabllites Act
10342369 erso s needing;asststancOUo par Ici at 9n ah,7A61
hese`mp breedings(shouldt'contact She I C,happman`.
Administr'ative,se ceszDirector l W A ani ' loch.
BlvditD0lMBeach,,FLM30044(9�4)924 3630 ttleast i
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPA .2,6b urs'oriorrto pieeting lS I#+ `�
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO .A_Y',- erson�,who ecidestot ppeai an ,eelson,m de
b9ahe-Pianning and Zonin>1 Advisor� oard.'or�the Cfty'
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUO Commission.,with aria d:to'any7matterlconsldered at
this meeting orvlieanng,willneed s:iecord of�the prop„
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO ceedingsa(zdlor,'suchpurposef4ayn_eedtxoensu ethat
e"verbatim'tecord Qf,tha,proceedin99stls Zaden. Ich
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT TH record'iridludes,ttietestimonyandeyldence upon which
the appeal,is,to;basedS
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLOR LourAnn;Cunning,a ti 1
P,IanningxTechni�c��i.�gn A �,
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATIOI�prll,ta,20o1 r�
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THA I
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND,FOR THE
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
NE-7APER.WA
•, � t
`.
(SIGNATUR FFIANT)
SWORN TO AND SUBSCRIBED BEFORE ME
ON: 13-April-2001 , A.D.
(SIGNA U E OF NOTARY PUBLIC)
Tara L.Bezak
*: MY COMMISSION N CC838935 EXPIRES
�o
July 20,2001
BONDED THRU TROY FAIN INSURANCE,INC.
(NAME OF NOTARY,TYPED, PRINTED, O STAMPED)
PERSONALLY KNOWN OR
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. •
/0
1. DATE OF COMMISSION MEETING: APRIL 24, 2001
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-21-01 —VARIANCE REQUEST BY
ROBERT KRONOWITT, OWNER OF THE CHOCOLATE JUNGLE LOCATED AT 19 NORTH
FEDERAL HWY., IN THE DANIA ANTIQUES AND JEWELRY ARCADE.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Mr. Kronowitt is requesting a variance from Chapter 28, Zoning Article 4, District Regulations Sec
4.201 Proximity of Beverage Establishments to Churches and Schools. Mr. Kronowitt is requesting a
beer/wine license (on premises consumption)within 1,000 feet of a Church.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
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 recommended Approval of this request at their March
15, 2001 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date April 19, 2001
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Jason Nunemaker, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management
RE: Variance Request for a Beer/Wine License (on premises
consumption) within 1000 feet of a Church
DATE: April 24, 2001 City Commission Meeting
Chocolate Jungle has requested a variance to allow a beer/wine license (on premises
consumption) within 1000 feet of a church. Chocolate Jungle is an established
restaurant located at 19 North Federal Highway in the Dania Antiques and Jewelry
Arcade. A full liquor bar already exists across the street.
Consideration of a variance to allow on-premises beer/wine consumption relates more
® to public safety than planning and zoning. BSO comments are attached.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
BEER WINE VARIANCES O40301.doc
0
BR®WARD SHERIFF'S OFFICE
26O1 WEST BR®WAR® BLVD.
® FORT LADDER®ALE, FL
00-084
DATE: April 4, 2001
TO: Laurence Leeds, AICP Director
Growth Management
FROM: Chief Robert Anto
Dania Beach/Dist
ric 2
SUBJECT: Public Safety Comments
I have reviewed the information you sent concerning the variance requests for the Chocolate
Jungle and Michael's Kitchen. In checking our records there are no problems at either
establishment. My only concern is that any time alcoholic beverages are sold for consumption
at any location the potential for public safety related problems exist. The problems that are
most common to establishments selling alcohol are the potential for disturbances, fights, and
driving under the influence. This is not to say that these type problems would occur at either of
these businesses.
GROWTH MANAGEMENT DEPARTMENT
INTEROFFICE MEMO
TO: Robert Anton, Chief of Police
C. 6--a
FROM: Laurence Leeds, AICP, Director
Growth Management
RE: Public Safety Comments
DATE: April 3, 2001
The Growth Management Department has received the following applications:
Variance to allow a beer/wine license (on premises consumption) within 1000 feet of a
church for the "Chocolate Jungle, Inc." Restaurant, located at 19 North Federal Highway
in the Dania Antiques and Jewelry Arcade.
Variance to approve a beer/wine license (on premises consumption) within 1000 feet of
a school (Olsen Middle) for Michael's Kitchen Restaurant, located at 433 East Sheridan
® Street in the Publix Sheridan Shopping Center.
Both variances are scheduled to be heard April 18 (Planning and Zoning Advisory
Board) and April 24 (City Commission). Please note that sale for consumption "off
premises" does not require a variance.
Please forward any comments regarding the above applications to this office by April
12, 2001 if you wish them to be included in the staff backup.
® Cc: Jason Nunemaker, Interim City Manager
BEER WINE VARIANCES O40301.doc