HomeMy WebLinkAboutR-2001-114 RESOLUTION NO. 2001-114
1
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY THE BROWARD COUNTY PARKS AND RECREATION
DIVISION, FROM CHAPTER 12, ARTICLE III SECTION 12-52(2), FOR PROPERTY
LOCATED AT 2701 STATE ROAD 84, SECRET WOODS NATURE CENTER, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 12,Article III, Section 12-52(2), sets
the finished floor elevation requirements for the City of Dania Beach; and
WHEREAS, the Broward County Parks and Recreation Division has applied for a variance(VA-
34-01) to allow a proposed finished floor elevation of 6.4' (NGVD) for property located at 2701 State
Road 84, Secret Woods Nature Center, Dania Beach; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That that certain application VA-34-01, for a variance as described above (from
requirements in Chapter 12, Article III, Section 12-52(2)), 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed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 26T" DAY OF JUNE, 2001.
PAT FLURY
MAYOR— COMMISSIONER
ATTEST- ROLL CALL:
COMMISSIONER BERTINO-YES
C14A�IKIJ COMMISSIONER McELYEA-YES
CHARLE E J SON COMMISSIONER MIKES-OUT THE ROOM
ACTING CITY—CLERK VICE-MAYOR CHUNN-YES
• MAYOR FLURY-YES
r-va-34-01 secret woods.doc 1 RESOLUTION NO.2001-114
APPROVED AS TO FORM AND CORRECTNESS:
By: I ° -� �L
THOMAS J. B NSBRO
CITY ATTORNEY
r-va-34-01 secret woods.doc 2 RESOLUTION NO.2001-114
=APPLICATIONUMBER: Date stamp iCITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD.
DANIA BEACH, FL 33004
(954) 924-3645
i
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: 1�G Ta�,aru feocs C�o�,o4..,�r Phone: (954) 72a. $Opp
Ut E. z.to
ADDRESS OF APPLICANT: Ft. Louc�..r�a.�e i ��, 33301 Fax: (954 ) 72fi •9ZZS
PROPERTY INTEREST OF APPLICANT: To
sco.r.o"d Gow��y 1�wtk.S o•"+� J�wr�-o-�:o
NAME AND ADDRESS OF PROPERTY OWNER: 9So ow 3��� SF_ Oa.kte.. A `ortt , FL 33309
ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY:
Stt. a}t'o4h^ems FA��2
Sd-c.rc.V t�eoAs ?LAjre_ �en�t� 270� W. Sti�.Ee. 9A . 84 1JAnfA l7tac-�n F�_ 1513"L
PRESENT ZONING: 0$ S pAce LOT SIZE/AREA: 5S 2(p AC'
PRESENT/ PROPOSED USE OF PROPERTY: kx''��.^� ►ya�vrc+ Ct..��r
mast[` Vt•Fidn 4�A.,�c,r�t-SS �ra..U.
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): 5`o.c.�'�a., Z. - 52 . Z
a.. LO
1 � Gtn W6r' •.i Qf 14�t/ �� NI � � T � � T
f�rA'frp .(w` ( 1 W t of Of`IeJ OSL 0. A.1� �Iaer c. !✓s, •n 0 � -�,•
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT, \ATTORNEY), 1 \ \n 1
Sec. a?To_G�bL To!' n06r.e5 „ C)ft
a��ttStt.0 l �\�en /r�1nur+ btrSa.�
CC ,e rA &. A ,n �.� .le na nSu��o.�1Ts 1 al
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. 1
� — M�4t�•s �� - 4\1Efts .s 11av1 t.n Oren �a\1�v sins• }•�'t .��� 1dn�� o.r�e.
1 I1�lL vt tT �v n.} S Gv� L
by Ft� Ntw IZ'..�r
2) Provide evidence that the special conditions and circumstances do not result from the actions of the
applicant. ` (` 1 +/ T 1 t 1
T�. SYa -!al :rtur.s4 pie Rol' rtCu'� firer T� wc.�;e"% nk �la. wuyl: cwn� . 11� DIeLc� To {Su:IU
1 t---
.ls urc Ccr +e, �Oel< SG rr-rc. \I ��� v01 Vl.d 11 �/ 1t. L�4+� 1 ESL , Vt., 9g4`Y`rl (-ON LCr 1/C%.Q� 0. MA�[.�..ww 1.4n� '� �O�GI GOnSGr Vt.ClGn �UI (� �r r..A` �IC.'y T� � � VGYAr,•.M in� AlJ
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 in1 this same zoning district. 11 11 1
Gron�'.nq a�eu� r�� ��.� vo.r�onct, ✓-- 11 nnlu OAlaW �� 2reee11A SX1-- 16a1 �
1 J 1C. ' 1 `1 1r ` {!� ` 1I
, • ' ,bL L.O nS�ry G+ib` 1OS 1TY� SD.vw t`� C•n S 11� 1T�OAr 6\/1�Gfn{' 6n t4S k� 5iUrr0Ur%A;nq tt•l i�•n(.
i a9 a 004rda wl �� ch SL L ai S 'A fw� �eur lnOLNeS, �,_,1 r �-1•
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.
—_h.at- SNa11r''e_, �"\A.. ^S4 nu•. or�r�e�Vn., vn uLnt.�S QS ��a.� o SGcr
5) Describe how the requested variance is the minimum variance that will make possible the reasonable
use of the land, building or structure.
C. n� W l 11 11 1 y
�.eWer�..� �1^c.. �r1aRoli�.� lov:lr�:ngllrteure n• ► �1ee� 1c
Gras e_ IIVLI d�i11to r� ,� n �O 1TK. Surr•o%J^& .0^ , Wytl0.nq A.r t."' 0.nri W. v►e�
S..A�I FOr ga4l1•len4\ G4r1•I^WOP� �O wo.n, is r` LSS4 r'V
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.
Ge.N�rYG�:n4 �Iw1' Rreoeu�
yLI( �R/OV L- Lv•C�InS Gr4�
i4V tr4gt OC L TRC.�� w.y\Gl W �� 4150 AI,OW er VA O�S�r �ir� Q.G -e S$ r
C0 I. �IN,
P I TO }•1�►�. bU:(d:..g '\.. IiaJ e1r us:..' rO...pg a..f� sl o.:r s . !'J'�Lit.r,.�.o:`; at:ti r.°..���ZS 1v
7) Please add any other comments which may assist the City Commission and the Planning and Zoning i5 w+aac-
Board in reviewing this request.
-Se.e._ 2�to.[.l�►.e.nl- \V) ker Yv!r�� �..F•er..vh e,l• uJ Ii�l` K�v i� Vt1t,f r'►L:'•�
- - — — — — — — — — — — — - - - - - - - - - -
This is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(Complete onl if applicable) I have also authorized th undersigned petitioner
to make and file this application fit
S ATURF PROPERTY OWNER
STATE OF FLORIDA Print Name: IG
COUNTY OF BROWARD
(.4 t
The forgoing instrument was acknowledged before me on j 2001 by 2 g'/
as title yI<_ f� for —�• [title]] � [name of entity]
_, a Florida Corporation,who is impersonally known tome, or produced
as identification. Sh,obhan V. Silk
_ ;=Commission#00 882168 w y
My Commission Expires: Expires Deo, 12,20Q3 NOTARY PUBLM
Bonded Thru,-*
Atlantic Bonding co.,Inc.
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM
• THE OWNER OF THE SUBJECT LANDS DESC51BED ABOVE IN THE APPLICATION FOR VARIANCE AND THAT
I HAVE AUTHORIZED !:,, _; �'����z TO MAKE AND FILE THE AFORESAID
APPLICATION. j
SIGNATURE OF PROPERTY OWNER
STATE OF FLORIDA Print Name:
COUNTY OF BROWARD
i
The forgoing instrument was ackno_wledged before me on 31 j 2001 by
as [title] / V t rf✓� [name of entity]
a Florida cur oraon who iu pe��sonally known to me,or produced
{�' 0 vtp off r� "j7�. '•..
as identification. nzu p�obg
£OOZ IZI 'oaa sojld=g /'� �.+um�' Shobhan V Smart
My Commission Expires: 89t m DO#uala�fl 0Dy /L L ✓ f>ti/�' �� ' � �bp#00 16
WM S 'A �iq qS a +� NOTARY PUBLIC Expires�,��+r1� Atlantic P=df , o Inc
Check list for Planning Dept.: Plan Fee Survey
SECRET WOODS NATURE CENTER
(LEGAL, & FOLIO OF SUBJECT PROPERTY)
Tracts 1, 2, 3, and 4 of Rebecca Cohen.'s subdivision of a part of
Government Lot 1, Section 20, Township 50 South, Range 42 East,
according to the plat thereof recorded in Plat Book 14, at Page 21, of
the Public Records of Broward County, Florida together with that
portion of the Southeast one-quarter (SE '/4) of the Northwest one-
quarter (NW 1/4) of Section 20, Township 50 South, Range 42 East,
lying North of State Road 84 Right-of Way & Parcels `A' and `B' of
"84 Corporate Park" according to the plat thereof as recorded in Plat
Book 129, at Page 31, of the Public Records of Broward County,
Florida.
•
SECRET WOODS NATURE CENTER
(CONSULTANTS)
Architect of Record:
Tamara Peacock, Principal
The Tamara Peacock Company
301 E. Las Olas Boulevard, Suite 210
Fort Lauderdale, FL 33301
Phone: (954) 728-8000
Facsimile: (954) 728-9225
Engineering Consultant of Record:
Charles Deeb, Principal
H.J. Ross Associates, Inc.
5841 NW 9th Avenue, Suite 101
Fort Lauderdale, FL 33309
Phone: (954) 973-1006
Facsimile: (954) 973-3090
1
SECRET WOODS NATURE CENTER
(PROJECT IMPACT)
Secret Woods Nature Center is the oldest of Broward County's natural area
parks. It was built and opened in 1979. This park is designated as an
Environmentally Sensitive Lands site, and was designed with the protection of the
environment and its endangered species as the main theme of the park. The
building site was selected with thorough investigation. All the buildings are
situated at the higher elevations of the laurel oak hammock to be safe enough
from the tidal flow effect. This laurel oak hammock is one of the best among
very few preserved forests within Broward County. To minimize the impact on
this oak forest, a variance was granted by the Board of Broward County
Commissioners to lower the finished floor elevation from 7.0' above sea level to
5.0' above sea level. All the buildings were built at the elevation of 6.4' above sea
level.
Over the last ten years the Secret Woods Nature Center staff also has noticed the
transformation of the cypress/maple swamp to mangrove brackish water habitat
due to saltwater intrusion from the New River. The surrounding wetland habitat
. is also very sensitive to changes of the grade and environment because they
survive on the tidal water. The laurel oak trees are also very sensitive to the fill
and soil compaction at or near their root system. Thus the new exhibit center is
designed at an elevation 6.4' above sea level to minimize the impact on the 50 to
70 year old full grown oak trees with an average trunk diameter between 16" to
24" Located very close to the building site.
Raising the floor elevation will impact an additional 4' to 6' area on each side of
the proposed exhibit building. Bringing the fill area close to their root system will
endanger the Laurel Oaks close to the new building site. Having fill on or close to
the Laurel Oak root system will greatly increase their chance for mortality. We
are very certain that those oak trees will not have a chance to survive the impact.
Additionally, the added elevation will affect the oak canopy at the building
roofline. The tree canopy will have to be extensively trimmed to accommodate
this height building.
Raising the building floor will also result in not blending architecturally with rest
of the buildings within the site. We have researched the alternate method of
construction, like building on the pile foundation, to avoid the impact on the
existing hammock. This construction type will require large construction
equipment. That equipment is nearly impossible to bring close to the building site
without causing extensive impact and/or damage to the existing laurel oak
hammock; and will result in extensive added costs. The building at the proposed
elevation will be constructed with the help of small machinery and extensive
handwork.
Droward Couilt-y J)jv , ()f Fjr1q9 IIT,,,- December 20, 1977
and Recreation
application For a
vitc'z
Insu
rance Proqram. The Reinforced Concrete, Concrete Kock,
-St:ruc t:u UO artrl Intended Use
and I,Lunber , Park Bldg ar. e
, s
10 located at 20 50 S 42 F
Range'
Lot:
Se c t i oil
Rebecca Cohen ' s 2701 W State Road 84 (Secret Woods P1,
Block Subdi vi sl on Address
Fort Lauderdale, Florida The established minimum floor
elevation is 7 . 00 feet above mean sea level . The. hiqhost road crown
elevation immediately adjacent to the above described property is 7 .74
feet above rrh2an sea level .
propose to use 5 . 00 feet above mean sea Level as niq finished floor
elevation'. I acknowledge that the PrOrk--rty is located in a designated
flood-prone area and if the variance is granted, the Flood Insurance on
the above described property may or will be affected according to the
elevation variance.
SIGNED
--------------------------------------------Anthon:7-uggierW"Assistent Direct(
Recommendation of Water Approve
M a n a ge ran-n t Division
Disapprove
For the Di vision_,j, -,1
L/
-------------------------------------------------------------------------
Action of the Board of County A ppro ve
Disapprove
This varianco approved for record by the Board of County Commissioners of
Proward County,* Florida, this 14) day_ of 19
• L. A. f!c-,:;ttr, County Admin.i.qtr,:-7tor.
-------------------------------------------- -------------------
Page 3.
' $• MOTION TO AUTHORIZE Chairman and Clerk to execute
ergency Me ca Sery ces Agreements with t e ollowing
Cities : City of Oakland Park
City of Pembroke Pines
City of Deerfield Beach
City of Dania
19 . MOTION TO AUTHORIZE Chairman and Clerk to execute - an
Amendment to the A regiment between Broward Couand
c
Edward H. Saar, Arhitect Inc. providing for Professiona
Architectural Services beyond Basic Services for the
Hollywood Satellite Courthouse Facilit .
****************************************************************
CONSENT AGENDA
PROPERTY APPRAISER
20. MOTION TO APPROVE Certificates of Correction as sub-
mitted by the Property Appraiser ' s Office
• TRANSPORTATION DEPARTMEN
T
:NGINEERING DIVISION
21 . MOTION TO APPROVE Execution of
Broward County to Carl A. Caponelli anduit �JoaneA.Caoonelli
His Wife, and to
of Warranty Deed from Carl A.
Caponelli and Joan A. Caponelli , His Wife, to Broward
County.
WATER MANAGEMENT DIVISION
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
e 26, 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 request:
VA-34-01 — Variance request by Aaron Austin, Tamara Peacock Company, Architects for the Secret Woods
Nature Center located at 2701 State Road 84, on behalf of the Broward County Parks and Recreation Division.
The variance request is from Chapter 12, Article III Section 12-52(2), to allow a proposed finished floor elevation
of 6.4' (NGVD) for a new exhibit hall at the Secret Woods Nature Center, where a finished floor elevation of 8'
(NGVD) is required.
Legally described: Tracts 1, 2, 3 and 4 of Rebecca Cohen's Subdivision of a part of a part of Government Lot 1,
Section 20, Township 50 South, Range 42 East, according to the plat thereof recorded in Plat Book 14, at page
21, of the Public Records of Broward County, Florida together with that portion of the southeast one-quarter (SE
'/4) of the Northwest one-quarter (NW 1/4 ) of Section 20, township 50 South, Range 42 East lying North of State
Road 84 right-of Way & Parcels 'A' and 'B' of "84 Corporate Park" according to the plat thereof as recorded in
Plat book 129, at Page 31, 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.
accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of
We 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 Planning and Zoning Advisory Board or 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: June 17, 2001
Sec re� viObG(s Nq4—",(Q 8roward,FL 2001-2002-50-42-20-01-0010,Sheet: 1 of 1
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO. Ile
1. DATE OF COMMISSION MEETING: 06/26/01
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST VA-34-01
SECRET WOODS NATURE CENTER—2701 STATE ROAD 84
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
VARIANCE REQUEST FROM CHAPTER 12,ARTICLE III SECTION 12-52(2)
REDUCTION IN REQUIRED FINISHED FLOOR ELEVATION FOR EXHIBIT HALL
5. Attached Exhibits and additional backup materials (please list):
STAFF MEMORANDUM
RESOLUTION
APPLICATION / LOCATION MAP
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
BUILDING OFFICIAL, KENNETH KOCH
Submitted by:
Kenneth Koch, Building Official Date 06/14/01
Growth Management Department
t
City Manager — Date
VARIANCE REQUEST
BY
THE TAMARA PEACOCK COMPANY
ARCHITECTS FOR A NEW BUILDING LOCATED IN
THE SECRET WOODS NATURE CENTER
2701 STATE ROAD 84
ON BEHALF OF BROWARD COUNTY
The owners (Broward County), through their architect (Tamara Peacock Company) are
requesting a variance from the 8-foot NGVD (National Geodetic Vertical Datum, also
called Above Mean Sea Level) requirement described in Dania City Code Section 12-52
(2). As this requirement is not of Zoning Code regulations (Chapter 28), the variance
request comes directly to the City Commission [Section 12-34(a)]: "The city commission
shall hear and decide appeals and requests for variances from the requirements of this
chapter)".
The proposed building is a new and separate 2100 square foot exhibit hall to be
constructed on the site in addition to 4 existing and separate buildings. The previous
buildings had been constructed at an elevation of 6.4 feet under permits issued by
Broward County during the time when the property was in the jurisdiction of
Unincorporated Broward County.
As planned, drawn and proposed, this is a new building as opposed to an Addition
(Section 12-5, Definitions): "any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common load-bearing wall other than a
firewall." This building is distinctly separate from any of the existing four separate
buildings.
The pertinent section [12-52(2)] requires that "New construction........shall have the
lowest floor........elevated no lower than 8 feet NGVD or the base flood elevation (in
this case-7 feet) as specified on the Flood Insurance Rate Map, whichever is greater."
This same section allows an alternative that "Structures may be flood-proofed in lieu of
being elevated provided that all areas of the structure below the required elevation are
watertight......."
The Building Official is required to "review all development permits to assure that the
permit requirements of this chapter have been met (Sec.12-32). I have reviewed the plans
as submitted, and the proposed elevation of 6.4 feet does not meet the minimum
requirement, and no flood proofing is proposed.
The applicant puts forth several arguments for not being required to elevate this one new
structure to the new minimum of 8 feet. One is that the "special circumstances" have not
occurred from the actions of the applicant. Second is that allowing the variance will only
allow this new building to be constructed at the same elevation as the existing. They also
cite that there are no adjacent properties that share the same "environmental uniqueness".
A claim is made that allowing the lower elevation will result in less disturbance to the
site. In the applicant's attachment `C' is a discussion that the extra fill being required to
raise the elevation will negatively impact adjacent trees. Lastly, they propose that this
variance is in keeping with the intent of a variance granted to the owners in 1977
allowing construction below the minimum (at the time) elevation of 7 feet.
I must counter the "special circumstances" not having occurred from the actions of the
applicant. The original variance predicates the special circumstances as they currently
exist: If that variance had not been granted, the original four buildings, while still not
being able to meet the new elevation requirement, would at least meet the old
requirement of 7 feet. The arguments that the granting of this variance "will only allow
this new building to be constructed at the same elevation as the existing" and that there
are no similar adjacent properties do not appear to fit the criteria described in Section 12-
34 (e), attached. The type of foundation construction proposed (stemwall) means that the
footings are placed in the ground approximately 1 foot below the grade. The CBS walls
are then constructed on top of these footings, the area inside the footings/walls is filled
with earth, and then the slab is placed on top of this fill, inside the walls. There is no
filling of earth outside of these walls that would endanger any flora in the area. This type
of construction means that the floor can be placed at any elevation, with only the cost of
additional fill inside to be considered. The new elevation does, however, create a problem
of a change in height between the 4 existing and the one new building.
The additional cost of the extra fill does not constitute a hardship, or reason for a
variance, nor does the cost of creating ramps from the existing elevation to the new.
However, the owners do have a certain vested interest in the property as it relates to the
previously issued variance and its intent. Also, it may be possible that the parameters of
the variance criteria listed in Sec 12-34(e) are indeed encompassed by the project, its
location and use.
is
§ 12-34 DANIA CODE
•
(c) Any person aggrieved by the decision of the city commission or any taxpayer may
appeal such decision to the circuit court of Broward County, as provided in the Florida Stat-
utes.
(d) Variances may be issued for the reconstruction, rehabilitation or restoration of his-
toric structures without regard to the procedures set forth in the remainder of this section,
except for subsection(h)(1)and(4),and provided the proposed reconstruction,rehabilitation, or
restoration will not result in the structure losing its historical designation and the variance in
the minimum necessary to preserve the historic character and design.
(e) In passing upon such applications, the city commission shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter; and
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger of life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity of the facility to a waterfront location, in the case of a functionally
dependent facility;
(6) The availability of alternative locations,not subject to flooding or erosion damage,for
. the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain man-
agement program for that area;
(9) The safety of access to the property in--times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions in-
cluding maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water systems, and streets and bridges.
(f) Upon consideration of the factors listed above,and the purposes of this chapter,the city
commission may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this chapter.
(g) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(h) Conditions for variances:
(1) Variances shall only be issued upon a determination that the variance is the min-
imum necessary, considering the flood hazard,to afford relief; and in the instance of
Supp.No. 46 730
The Tamara Peacock Company
May 31, 2001
Mr. Laurence Leeds
Growth Management Director
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Variance Request- Secret Woods Nature Center.
Dear Mr. Leeds,
Please accept the following Application for Variance. Unfortunately, abiding by one of
Dania Beach's Zoning Code Sections will ultimately increase the impact to the
surrounding environmentally sensitive area of the proposed building site. Back in
December of 1977, Broward County Parks and Recreation Division was granted a
• variance for the same by the Board of County Commissioners. Our request is in keeping
with that variance granted over thirteen years ago.
We would also like you to be aware that this project is being funded by a grant from the
Florida Inland Navigation District (FIND), and the grant will expire before the end of the
year. We are desperately attempting to expedite all issues in order to complete the
project before funds run out. Please, to the best of your power, help us expedite the
process for variance so we may continue to have a successful project. We wish to request
to meet before the Planning and Zoning Advisory Board in the month of June in order to
postpone any further project delays.
Please feel free to contact us if you still need further information and/or clarification.
Thank you Laurence for your assistance with this critical matter.
Sincerely,
Aa n C. Austin
Project Manager
THE TAMARA PEACOCK COMPANY
• cc: Shobhan Smart, Project Manager II, B.C. Parks and Recreation
Tamara Peacock Company, File J�