HomeMy WebLinkAboutR-2001-103 RESOLUTION NO. 2001-103
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY KEVIN GUTHARD, REPRESENTING SHERIDAN
EAST LLC, FOR PROPERTY LOCATED AT APPROXIMATELY 625 EAST
SHERIDAN STREET, FROM CHAPTER 26, VEGETATION, ARTICLE IV
LANDSCAPING, SECTION 26-47(C), AND CHAPTER 28, ZONING,ARTICLE 6,
SCHEDULE OF OFF-STREET PARKING REQUIREMENTS, FOR PROPERTY
LOCATED AT APPROXIMATELY 625, EAST SHERIDAN STREET, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26 Vegetation, Article IV
Landscaping, sets the landscaping requirements for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 6, sets the
off-street parking requirements for the City of Dania Beach; and
WHEREAS, Kevin Guthard, representing Sheridan East LLC, has applied for a variance
(VA-25-01) to allow:.
1) to install a screen wall and vine plantings in lieu of a five-foot perimeter landscape buffer
along the south lot line.
s2) to allow 2 parking spaces per dwelling unit where 2.2 spaces are required.
for property located at approximately 625 East Sheridan Street, Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 16, 2001, recommended that the City
Commission grant variance request VA-25-01 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-25-01, for a variance as described above (from
requirements in Chapters 26, Vegetation and 28, Zoning), a copy of which is attached as
Exhibit "A" is approved with the following conditions prior to issuance of any building
permits:
a) The plat shall be recorded:
b)' Applicant shall obtain written approval from the Public Works/Utilities Director to
construct landscaping on easement areas;
40 c) Applicant shall provide a plan for the rear yard landscape area;
R-VA-25-01 SHERIDAN LLC VARIANCE.doc 1 RESOLUTION NO.2001-103
d) Applicant shall provide a construction detail of pervious turf block;
e) Applicant shall dedicate the $47,560.00 local park fee.
f) Prior to issuance of a Certificate of Occupancy, applicant shall comply with Fire Rescue
access requirements.
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 121h DAY OF JUNE, 2001.
PAT FLURY- MAYOR
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
COMMISSIONER McELYEA-YES
CHARLENE JOH ON COMMISSIONER MIKES-NO
ACTING CITY CLERK VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
APPROVED AS TO FORM ND CORRECTNESS:
By. I J
TH MA. J. A SBR
CITY ATTORNEY
•
R-VA-25-01 SHERIDAN LLC VARIANCE.doc 2 RESOLUTION NO.2001-103
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APPLICATION NUMBER: CITY OF DANIA BEACH
04 100 WEST DANIA BEACH BLVD. �1.F1;i _ �?
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: Sheridan East LLC c/o Trafalgar Assoc. Phone: 925-9446
ADDRESS OF APPLICANT: 1400 S.E. 3rd Ave. , Dania, FL 33004 Fax: 925-2971
PROPERTY INTEREST OF APPLICANT: Owner representative
NAME AND ADDRESS OF PROPERTY OWNER:
ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY: #5142-02-00-0242
See attached legal description. Approximately 625 East Sheridan Str.
PRESENT ZONING: RM-3 LOT SIZE/AREA: 90-187 sq.ft. or 2,0704 acres
Vacant. Proposed 4 story rental Apts.
PRESENT/PROPOSED USE OF PROPERTY:
(44 units)
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 ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBERS):
Variance to allow 2 parking spaces per dwelling unit where 2.2. spaces are
required.
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT,ATTORNEY):
Calvin Giordano & Assoc. , 1800 Eller Dr. , ste.600, Ft. Lauderdale, FL 33316
Shelley Eichner, Associate, Hoyt Holden, Director of Planning 921-7781.fax:921-8807.
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.
Narrow parcel leaves building design options minimal. Required to work around
existing vet clinic parcel which takes up more than 50% of the 167 of Sheridan
Str. , frontage. After setting aside the necessary land for pervious space,. a
9-107 reduction in the parkinE results This is consistent with r rant dpvPl—
opments on Sheridan St. that have received the same relief.
2) Provide evidence that the special conditions and circumstances do not result from the actions of the
'16 applicant.
This variance is submitted concurrent with the site plan (attached) . The site
plan provides evidence that we have met all the setbacks, pervious and landscaping
requirements with little if any room to spare.
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.
Several similar variances have been granted in recent years in this corridor in the
RM-3 district (Sheridan 400) and at Sheridan 300 and Sheridan Ocean Club.
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.
Because of the compact narrow parcel, the developer as referenced in #3, chose
a reduction in parking to obtain the minimum landscaping. which had been he
preference of the City previously. See #6.
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
Based on the history of the prior devel ment along Sheridan Str. , there is a
markelt limit to the building height so the foot print has been kept.asAsmal cas.
possible. As stated, in 3 & 4, a small amount of parking is sacrificed for the
sae of landscaping and buffers.
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.
The development is a private gated rental community. The developer has found that 2
spaces per unit is more than sufficient for their developments and notes that other
jurisdictions in the area require 1.5 to 1.7 spaces per unit.
7) Please add any other comments which may assist the City Commission and the Planning and Zoning
Board in reviewing this request.
See attached site plan for detailed information.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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 2001 by
,as(title]— _ __ _`—for[name of entity]
a Florida Corporation,who is_—_personally known to me,or-_produced
as identification.
My Commission Expires: NOTARY PUBLIC
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
1 HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID
APPLICATION.
--------------------------------
SIGNATURE OF PROPERTY OWNER
STATE OF FLORIDA Print Name: ________________________________
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on ,2001 by —_—__��_
as[title] _ —�_—_ _----__for[name of entity]
a Florida Corporation,who is-_—personally known to me,or-__produced_�—_---
as identification.
My Commission Expires:
-----------------------------
NOTARY PUBLIC
Check list for Planning Dept.: Plan Fee Survey ____
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2) Provide evidence that the spsoal conditions and circurnatan es do not result from the schons of the
applicant.
3) Describe now granting the requested variance(%) will not confer any spectral privi fte on the applicant
that is denied by the zoning code to other lands, buildings or structures In this same zoning district.
i) Provide evidence that the literal interpretation of the provisions of the zoning coda would deprive the
applicant of rights commonly enjoyod by other properties in the same zoning district and would work
unnecessary and undue hardship on the applicant.
5) Dese foe how the requested variance is the minimum variance that will make possible the roasone0le
use of the land,building or structure.
8) Explain how the grant of ttu vartanCe(a) will be in harmony wilth the general hlbe3nt and purpose of the
Zoning code, and that such variances) will not be in)urkx a to the area involved or otherwise
detrimental to the pubtk:warfare.
7) please add any other comments which 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 Hie subject land(s) described above in the petition f science.
(Compote only if appfiaable) I have also authorized the u titioner
to maks and file this application For var
STATE OF FtDMDA Print Name: _
COURN OF SPA)WARD
The forgoing instrument was acknowledged Wore me an
M__�,as(title) _for in
_ a Flwid■Corporation,who is___personally known to me,o
as identifiestlon- ,
My Commission Expires: t
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CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
ISTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Advisory Board
May 16, 2001 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 variance request:
VA-21-01 —Variance request by Kevin Guthard, representing Sheridan East LLC c/o Trafalgar Associates, Inc.
for property located at approximately 625 East Sheridan Street, also known as the "Vets Plat", from the
following code sections:
1) Chapter 26, Vegetation, Article IV Landscaping, Section 26-47 (c) — The request is to install a
screen wall and vine plantings in lieu of a five-foot perimeter landscape buffer along the south
lot line.
2) Chapter 28, Zoning, Article 6, Schedule of Off-Street Parking Requirements — The request is to
allow 2 parking spaces per dwelling unit where 2.2 spaces are required.
The variance requests are in conjunction with the proposed construction of a 44 apartment unit complex.
LEGAL DESCRIPTION: A Portion Of The Southwest One-Quarter, Section 2, Township 51 South, Range 42 East,
Broward County, Florida And Being More Particularly Described As Follows: Commence At The Southwest Corner Of
Said Section 2; Thence East On The South Line Of Said Section 2, A Distance Of 834.86 Feet To The Intersection With
The Southerly Projection Of The East Line Of The Richart Plat, According To The Plat Thereof As Recorded In Plat Book
150, Page 25 Of The Public Records Of Broward County Florida; Thence North 00 Degrees 04 Minutes 00 Seconds East
On Said Southerly Projection And On Said East Line Of The Richart Plat A Distance Of 196.43 Feet To The Point Of
0inning; Thence Continue North 00 Degrees 04 Minutes 00 Seconds East On Said East Line Of The Richart Plat, A
stance Of 484.82 Feet To The Intersection With The Southerly Line Of Lend Lease Plat No. One, According To The Plat
Thereof As Recorded In Plat Book 111, Page 44 Of The Public Records Of Broward County, Florida; Thence North 89
Degrees 49 Minutes 52 Seconds East On Said Southerly Line Of Lend Lease Plat No. One, A Distance Of 166.54 Feet;
Thence South 00 Degrees 02 Minutes 47 Seconds West On The Westerly Line Of Said Lend Lease Plat No. One, A
Distance Of 631.74 Feet To The Intersection With The North Right-Of-Way Line Of Sheridan Street And A Line 50.00 Feet
North Of And Parallel With Said South Line Of Section 2; Thence West On Said North Right-Of-Way Line An\D On Said
Parallel Line A Distance Of 61.93 Feet; Thence North 00 Degrees 32 Minutes 06 Seconds West 145.37 Feet; Thence
North 89 Degrees 24 Minutes 38 Seconds West 103.31 Feet To The Point Of Beginning. Said Lands Lying In The City Of
Dania Beach, Broward County, Florida And Containing 90,056 Square Feet(2.067 Acres) More Or Less
Information on the proposed changes are available for viewing in the City's Growth Management Department,
100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00
p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the
public hearing.
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.
Sailed: Friday, May 4, 2001 Location map on back
Broward. FL 1998-99-51-42-02-00-0241,625 E SHERIDAN ST. DANIA FL 33004-4613 C002, Sheet: 1
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
f
AGENDA ITEM NO._!
'
1. DATE OF COMMISSION MEETING: JUNE 12, 2001
2. DESCRIPTION OF AGENDA ITEM: VA-25-01 —VARIANCE REQUEST BY KEVIN GUTHARD,
REPRESENTING SHERIDAN EAST LLC, FOR PROPERTY LOCATED AT APPROXIMATELY 625
EAST SHERIDAN STREET.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Variance request from the following code sections:
1) Chapter 26, Vegetation, Article IV Landscaping, Section 26-47 (c)—The request is to install a screen
wall and vine plantings in lieu of a five-foot perimeter landscape buffer along the south lot line.
2) Chapter 28, Zoning, Article 6, Schedule of Off-Street Parking Requirements—The request is to
allow 2 parking spaces per dwelling unit where 2.2 spaces are required.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Comment Sheets from Fire Marshal and Public Works Utilities Director
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 May 16, 2001 regular
meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date June 5, 2001
Growth Management Department
City Manager Date
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Jason Nunemaker, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: June 12, 2001
RE: Parking and Landscape Variances: VA-25-01 (Applicant: Trafalgar
Associates)
The applicant requests a variance to provide 2 parking spaces per dwelling unit. The
Zoning Code requires 2.2 parking spaces per unit. The applicant proposes to use the
reduced parking standard in conjunction with the provision of the Zoning Code that
allows 25% compact car parking spaces. Standard space size is 9' x 18'. Compact car
space size is 8' x 16'.
Applicant has previously obtained similar variances for the Sheridan 300 (144 dwelling
units) and Sheridan 400 (240 dwelling units). Both projects are located west of Publix.
The following is a comparison of how much parking is required for this project based on
the Dania Beach, Hollywood, and Broward County zoning codes.
Dania Beach: 94 parking spaces (including 24 compact spaces)
Broward County: 91 parking spaces (no compact spaces permitted).
Hollywood: 75 parking spaces (no compact spaces permitted).
Proposed
by Applicant: 88 parking spaces (including 22 compact spaces)
Applicant's plan provides more parking than the City of Hollywood and about the same
amount of parking as Broward County. However, neither Broward County nor
Hollywood allows the use of compact parking spaces to meet minimum parking
requirements. Applicant's reliance on 25% compact car spaces may require some
owners of large vehicles to use the smaller compact spaces from time to time.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION:
Approval of both variances as submitted, subject to the following conditions:
Prior to issuance of any building permits:
1) The plat shall be recorded.
SHERIDAN 600 VARIANCES CC 061201.doc
. 2) Applicant shall obtain written approval form the Public Works/Utilities Director to
construct landscaping on easement areas.
3) Applicant shall provide a plan for the rear yard landscape area.
4) Applicant shall provide a construction detail of pervious turf block.
5) Applicant shall dedicate the $47,560.00 local park fee.
Prior to issuance of a Certificate of Occupancy, applicant shall comply with Fire-Rescue
access requirements.
SHERIDAN 600 VARIANCES CC 061201.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: May 30, 2001
Project Name: Sheridan 600 (Revised) Project No. SP-26-01 /VA-25-01
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: Cynthia Bertschinger
o 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: [ X J
List con ns:
"ASS �L.Q
Signature
I Pway
Print Name
S-''-� i -mil
• Date
PETITION ROUTING SHEET.doc
954 9218807f
THU 11: 39 F.�A 954 9218807 CALF IN' GIORDANO Z001
Calvin, Giordano & Associates, Inc.
® Engineers Surveyors Planners
_ 1800 Eller Drive, Suite 600
Fort Lauderdale,Florida 33316
Phone,954.921.7781 Fax:954.921.8807
FACSIMILE
TO: TARM EY DATE: 5/24/2001
FAX: 954.922.2687
FROM: LEONARDO RODRIGUEZ, P.E. No.Pg's: 2
RE: SHERIDAN 600 FIRE ACCESS
CC: FILE PROD. #: 99-2063
Hard copy follows by ❑ mail Fed-X courier No Hard Copy
Ed,
If you could please review the fire access for Sheridan 60p. Please contact me if you
have any questions.
Thank you.
If there is a problem concerning this transmission, please call 954-921-7781.
M7 11: 39 FAX 954 9218807 CALVIN GIORDANO C�002
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CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954) 924-3645 Fax: (954) 922-2687
Date: May 30, 2001
Project Name: Sheridan 600 (Revised) Project No. SP-26-01 /VA-25-01
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: Cynthia Bertschinger
❑ CITY ATTORNEY: Thomas Ansbro
• ❑ TRAFFIC CONSULTANT: Molly Hughes
❑ LANDSCAPING CONSULTANT: Bill Tesauro
❑ POLICE DEPT.: Chief Anton
❑ BUILDING OFFICIAL \� Ken Koch
APPROVED AS SUBMITTED: [ f( ]
DENIED: [/ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
/
Signa
G'
Print Name
• Date
PETITION ROUTING SHEET.doc