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Home My WebLink AboutR-2001-153 RESOLUTION NO. 2001-153 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALER AIA, REPRESENTING VICTORIA L'ORIGINALE, FROM CHAPTER 26, VEGETATION, ARTICLE IV - LANDSCAPING, FOR PROPERTY LOCATED AT 212 NORTH FEDERAL HWY., DANIA BEACH; 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, Joseph Kaller, AIA, representing Victoria L'Originale, has applied for a variance (VA-37-01) to allow for the following: 1) Variance to locate six-foot screen wall adjacent to the rear lot line (The zoning code requires the screen wall to be set in five feet off the rear lot line). 2) Variance to provide shade trees along west side of the screen all (shade trees required on both sides of the screen wall). 3) Variance to waive minimum shade tree height requirements underneath power lines. 4) Variance to provide 24.3% pervious area (30% required). 5) Variance to provide less than the required 20% landscaping in the vehicular use (parking lot) area. 6) Variance to waive location and size of landscape islands (landscape islands are required to be either 5 feet or 10 feet and must be located every 12 parking spaces). for property located at 212 North Federal Hwy., Dania Beach; and WHEREAS, the Planning &Zoning Board on August 15, 2001, recommended that the City Commission grant variance request VA-37-01 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-37-01, for a variance as described above (from r-va-37-01 victoria loriginale variance.doc 1 RESOLUTION NO.2001-153 requirements in Chapter 26, Vegetation, Article IV Landscaping), 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 28TH DAY OF AUGUST, 2001. Ad;n PAT FLURY MAYOR — COMMISSIONER ATTEST: ROLL CALL: C, k6't COMMISSIONER BERTINO-YES CHARLENE JO SON COMMISSIONER MIKES-YES • ACTING CITY CL K COMMISSIONER McELYEA-YES VICE-MAYOR CHUNN-YES MAYOR FLURY-YES APPROVED AS TO FORM AND CORRECTNESS: By: _ 4 THO AS J. ANSBRO CITY ATTORNEY • r-va-37-01 victoria loriginale variance.doc 2 RESOLUTION NO.2001-153 CITY OF DANIA BEACH GROWTH'MANAGEM.ENT DEPARTMENT' STAFF REPORT TO: Jason-Nunemaker, City Manager FROM: Lauren ce-C"eeds, AICP, Direc or Growth Management Department RE: Victoria L' Originale: Site Plan, Special Exception, and Variances to construct a 4,500 sq. ft retail building and a 4,800 sq. ft. warehouse building at 212 North Federal Highway DATE: August 28, 2001 BACKGROUND The applicant operates a coffee machine sales and service business out of an existing 2500 square foot building located at 212 North Federal Highway. Applicant proposes to demolish five dilapidated "cabins" and replace them with a new 4,500 sq. ft. retail building, a new 4,800 sq. ft. warehouse building (for Victoria L' Originale), • additional parking, and new landscaping. The new construction meets 'or exceeds all parking, setbacks, and; loading requirements. New light poles'are 20 feet high. The retail building is a permitted use. . The warehouse building requires special exception approval by the City Commission. The applicant also has requested landscape variances. PLANNING AND ZONING-ADVISORY BOARD RECOMMENDATION: VARIANCES b) Variance to locate six-foot screen wall adjacent to the rear lot line (screen wall required to be "set in" five feet off the rear lot line). Approval. b) Variance to provide shade trees on the west side of the screen wall (shade. trees required on both sides of wall). Approval. c) Variance to waive minimum shade tree- height requirements underneath power lines. Approval. d) Variance to provide 24% pervious area (30% required). Approval, subject to verification of adequacy of drainage system. VICTORIA ORIGINALE VARIANCES SITE PLAN-SPECIAL EXCEPTIONP AND 2 BOARD.doo e) Variance to provide less than required 20% landscaping in the vehicular use (parking lot) area. Approval, subject to verification of adequacy of drainage system. Variance to waive location and size of landscape islands (landscape islands are required to be either 5 feet or 10 feet and must be located every 12 parking spaces). Approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION: SPECIAL EXCEPTION FOR WAREHOUSE BUILDING Approval, subject to the following conditions: 1. Use of warehouse building restricted to Victoria L'Originale. 2. Public Works/Utilities Department to verify adequacy of drainage plan (The Public Works/Utilities Director indicates drainage will be evaluated at time of building permit). 3. Operation hours to limited from 8:00 am to 6:00 pm (6 days). 4. Dumpster service operation hours between 7:30 am and 5:00 pm. • Applicant agrees garbage to be picked up no earlier than 7:00 am. 5. Letter from sanitation provider to confirm that dumpster is accessible in its present location and orientation. 6. Placement of curbing around the entire parking lot subject to approval of Public Works Director. 7. Placement of 5" Type D curb adjacent to landscape areas. 8. Rear yard landscaping subject to modification by landscape consultant. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION: SITE PLAN Approval, subject to the following conditions: 1. Deletion of new sign from plan (separate permit required). 2. Wavier of pitched roof requirement for retail building (warehouse building may be flat or pitched roof). 3. Screen wall to extend four feet above finish elevation of ground on non- residential side of the wall. VICTORIA ORIGINALE VARIANCES-SITE PLAN-SPECIAL EXCEPTIONP AND 280ARD.doc j�,, !Date stamp CITY OF DANIA BEACH APPLICATION NUMBER: ! - - --- — i V A 3`7—G 100 WEST DANIA BEACH BLVD. i Jj, !! ' DANIA BEACH, FL 33004 ( i• j(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: �S �• �(, Phone: q 20 '�'1 ADDRESS OF APPLICANT: 1 d bLUp• 20/ w PROPERTY INTEREST OF APPLICANT: O NAME AND ADDRESS OF PROPERTY OWNER: Q0 FtV C C D PAM - ex G'S �- ADDRESS AND LEGA & FOLIp gFS�UBJECT' PROPERTY- / 50U� OF Tf SOUTJ`t f" Gr r) S00T#WE Z . 3 SO k�N 4 /30 ' 'A uP 1 y PRESENT ZONING: LOT SIZE/AREA: - =30 '� �� J PRESENT I PROPOSED USE OF PROPERTY: fX1 6rlWl- Whit, "6-. 641* T n 41U I!rG ffi +EArr OS D -5 S00 s I,n(r• WORT I sT0 0 S • (� • 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 ASSISTANCIF WITH THE ZONING REGULATION AND ART/ LE NUMBERS �� 2• SL V / V W V LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E. ARCSHITE T,ATTORNEY): L, 2 330 20 6. f1 , 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. v 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. co 'o ut, Ad yWAS (V EXISZ2AX, QVDR 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 jpning district. C® G( RANA "AP Oil& 70 POWM O1 r r w I✓- s 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. 1"/ "i5 Tl VOY AJ 4/J iS S AM/0 Py-t IT T S 2 oAIJ tr 1115 LT 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. n ,r i' G N TO 5 . . 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. - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 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 t FOR USE WHEN APPLICANT IS OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY .THAT I AM THE OWNER OF THE SUBJECT L�yjVhSECRI /a�9VE IN THE APPLICATION FOR VARIANCE AND THAT I HAVE AUTHORIZED c /� �,J�—APPLICATION. TO MAKE AND FILE THE AFORESAID ~ STATE OF FLORIDA Print Name: SIGNATURE OF PROPER�C-;f;+-t�- ►",i,� � OWNER COUNTY OF BROWARD J, The forgoing instrument was acknowledged before me on_�:q 2001 by as[title] for[name of entity] , a Florida Corporation, who is ersonally known to me, or produced as identification. zoweI.DRv.,:iX 1Y01SSIWA03�CY�I ®I4I ItiOISS[WW03 My Commission Expires: L6Z44433 d�ClI3 NOT RY PUBLIDRI2[03IQOf 7d'3S�?It'J O!�[Tt+['I330 Check list for Planning Dept.: Plan Fee Survey • _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM-NO. ' a 1. DATE OF COMMISSION MEETING: AUGUST 28, 2001 2. DESCRIPTION OF AGENDA ITEM: VA-37-01 VARIANCE REQUEST BY JOSEPH KALLER REPRESENTING VICTORIA L'ORIGINALE 212-NORTH FEDERAL HWY. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION &BACKGROUND: Variance request by Joe Kaller, AIA, representing Victoria L'Originale, for property located at 212 North Federal Hwy. Dania Beach, from Chapter 26 - Vegetation, Article IV - Landscaping 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report Resolution Variance Application 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 August. . 15, 2001 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date August 22, 2001 Growth Management Department City Manager Date