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HomeMy WebLinkAboutR-2001-166 RESOLUTION NO. 2001-166 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY THE RAM DEVELOPMENT COMPANY REPRESENTING WALGREENS, FROM CHAPTER 28 ZONING, ARTICLE 28 SIGNS, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SHERIDAN STREET AND SE 5T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28 Zoning, Article 28, sets the sign requirements for the City of Dania Beach; and WHEREAS, the Ram Development Company representing Walgreens, has applied for a Variance (VA-42-01) to allow for the following: Sheridan Street Frontage: Variance to allow a six square foot non-electronic changeable copy message board. The proposed changeable copy message board, if approved, would be attached to a permitted 10 square foot Walgreen's monument sign. The combination sign is proposed to be located next to the Sheridan Street driveway. SE 51h Avenue Frontage: Variance to allow a second Walgreen's monument sign (only one sign permitted per site), said sign not to exceed 10 square feet in ® area and four feet in height. The sign is proposed to be located just south of a driveway shared by both Walgreen's and the "Sleep Inn" motel. for property located at the Northeast corner of Sheridan Street and SE 51h Avenue, Dania Beach; and WHEREAS, the Planning &Zoning Board on August 15, 2001, recommended that the City Commission grant variance request VA-42-01 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-42-01, for a variance as described above(from requirements in Chapter 28, Zoning, Section 28 Signs), a copy of which is attached as Exhibit"A" , is approved with Asora hedges being placed around the base of all three signs and subject to the following Planning & Zoning conditions for each variance location: • R-VA-42-01 WALGREENS SIGNS 1 RESOLUTION NO. 2001-166 Sheridan Street "Non-Electronic Changeable Copy Sign": 1. "Welcome to Dania Beach " sign to be completed prior to issuance of a certificate of occupancy for Walgreen's. 2. "Welcome to Dania Beach" sign to be illuminated at night. 3. Applicant agrees not to apply for any additional sign variances. 4. Sign to comply with setback and corner clearance requirements. SE 5`h Avenue "second Monument Sign": 1. Wording stating "DRIVE-THRU PHARMACY" to be replaced with the word "ENTRANCE". 2. Applicant agrees to construct no additional ground signs. 3. Sign to comply with setback and corner clearance 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 12T" DAY OF SEPTEMBER, 2001. PATRICIA FLURY MAYOR —COMMISSIONER ATTEST: � W,� �,,_ ROLL CALL: CHARLENE J H SON COMMISSIONER BERTINO-YES ACTING CITY CLERK COMMISSIONER MIKES-YES COMMISSIONER McELYEA-YES VICE-MAYOR CHUNN-YES MAYOR FLURY-YES APPROVED AS TO F RM AND CORRECTNESS: By: THOMA J. ANSBRO CITY ATTORNEY R-VA-42-01 WALGREENS SIGNS 2 RESOLUTION NO. 2001-166 Date stamp APPLICATION NUMBER: CITY OF DANIA BEACH A 100 WEST DANIA BEACH BLVD. ; 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: t� Z i : : v, -t � �;.v ./ Phone: ADDRESS OF APPLICANT Fl�� I , .� �� PROPERTY INTEREST OF APPLICANT: NAME AND ADDRESS OF PROPERTY OWNER: ADDRESS AND LEGAL& FOLIO OF SUBJECT PROPERTY: 1 ~n 1 t � .,.v c' ' + 1 � � r� /"J�'✓1 v"� �' r� _r'� J-L� �l�I :G�?G 3%G I l PRESENT ZONING: `— LOT SIZE/AREA: ,� PRESENT/PROPOSED USE OF PROPERTY: 'e " L) e 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): LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT,ATTORNEY): t ; �, oG L"LL✓� r e l J.' ./4�. e / I�J� L✓1:A. SE Lf+L, r 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.n , 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. 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 SE 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 MAKE AND FILE THE AFORESAID ` . APPLICATION. -. R R�(O �R STATE OF FLORIDA Print Name: --_----------- COUNTY OF BROWARD �/ vr5woP '� , The forgoing instrument was acknowledged before me on__TU (� � 2001 by_TV�� Z- ���E ----------- _____,as[title] V t C C _N(�[_ LD Eiv_f Seh[name of entity] J�F I 1 LC�' L11�VI EIS;T ;.; a Florida Corporation,who is_✓ personally known tome,or____produced as identification. My Commission Expo;; ivonne G Delgado — ;� *`f; NOTARY PUBLIC --- -- My Commission DD008023 o E priesimM, TSi 2D05 Check list for Planning Dept.: Plan-___ Fee --- Survey ____ NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH 6IS HEREBY GIVEN that a public hearing will be held before the City Commission on September 11, 01, 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: Petition: VA-42-01 - Variance' request by the. Ram Development Company representing Walgreens for property located at the Northeast corner of Sheridan Street and SE 5ch Avenue, Dania Beach, from the following code section: Section 28.180 — Monument Sign - Sheridan-Street Frontage: Variance to allow a six square foot non-electronic changeable copy message board (message board prohibited) attached to a permitted 10 square foot Walgreen's monument sign. See also section 28.060 (29). SE 5ch Avenue Frontage: Variance to allow a second Walgreen's monument sign (only one sign permitted ; per site), said sign not to exceed 10 square feet in area and,four feet in height. Legally described: Parcel "A", U.S. Lend Lease Plat No. Three; according to the Plat thereof as recorded in Plat Book 113 at Page 14, of the public records of Broward County Florida. Said lands situate lying and being in the'City of Dania Broward County, Florida, and containing 154,344 square feet more or less. Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West v Dania Beach Blvd., Dania Beach, Florida ,between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday { lease call (954) 924-3645 for more information.. Interested parties may appear at the public hearing and be and 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: August 31, 2001 Location Map Located on,Back s, to (ji, cn di al (n, cn cn. cn cn cn cn cn cn cn cn cn cn m cn. cn cn in cn cn cn cn cn cn cn cn cn cn cn cn D ' 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I t 1- 1 1 1 I 1 1 1 v L � A..I. � A A A A A A A A A 1� A A A A A A A.A A A A A. A A A A. A � Z,. N N - 1 1 1 1 1 1 1 1 1-. 1 1 I I 1 I I 1 1 I I I. 1 1 I I I 1 1 1 1 1 I 1 1 1 _ •• N N N N N N N N N N NO N N N 0 0 0 0 0 O O O. 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W,WM Ww0 Ww (wcncn -• a) M G) W, w w W W .W W CA w W W W N o w W o A W.-W.W w Cn A 0 0 rn � oop:0000000000o � 000nwi000'oOvcACD cp ) cr, ci, F m v -+ A A A A A A A A A A A A .A A -4 A A A 00 -► A A A A O A. A A A O O A Co (Z Z co O _._ 130OVCn F , M z �►� N z ti Q 1 J o o �ti z �. �Q� d::� , Broward, FL 2001-2002-51-42-02-03-0010,Sheet: 1.of 1 >01 C) ;K D m I VILLAS AT SHERIDAN N OCEAN CCU DECL'N "06" p _ � J Mr . n0 rn ,0 11 i pD N 9 % 0 �( �� Z �. �� o - D " > m , rrl v z ' 4ART—PLAT. e Z� � `\ N ' !(150-25) a OD 'p ^m - - \�l O 13tn s `AVE. CANAL � - ' _ _r '7 '�iv.. m Y.� q. Z y..r U.S. LEND LEASE PLAT No. 2 Z , . (117-41) RM - 12 FO I • k � � � k m � _ r•A h r P U y �r b $ P rn J 11th v AVE. N llth lk Ft- J.' ,,rr rn ,ter r�• - 0 >vr -. v. ` B b' Tt N O O N Nkl U pfu A A C D N :.O Gl ._> ti' ,l• p o �` :iY' .JJ• 4 m W m r >' ro Y. .9' ,J .JJ' r,s• N - rY. ~ ua WEST s Ce'i •u'. =.m '� eN' S N s r SHORE , _ .. 0 ram . o . m �� } r D l v AGENDA REQUEST FORM,. , CITY OF DANIA BEACH - r AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: SEPTEMBER 11, 2001,` 2. DESCRIPTION OF AGENDA ITEM: `PUBLIC HEARING -VARIANCE REQUEST VA-42-01 - BY THE RAM DEVELOPMENT COMPANY REPRESENTING WALGREENS FOR PROPERTY LOCATED AT THE NE CORNER OF SHERIDNA STREET AND SE-5T"AVENUE, DANIA BEACH 3. COMMISSION ACTION-BEING,REQUESTED: ADOPT RESOLUTION 4. . SUMMARY EXPLANATION & BACKGROUND: VARIANCE FROM THE FOLLOWING CODE SECTION: SECTION 28.180— MONUMENT SIGN - Sheridan Street Frontage: Variance to allow a., six square foot non-electronic changeable copy message board (message board prohibited) attached to a permitted 10 square.foot Walgreen's monument sign. See also section 28.060 (29). SE 5th Avenue Frontage:Variance to allow a second Walgreen's monument sign (only , one sign permitted per site), said-sign not to exceed 10 square feet in area and four feet in height.... 5. "ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff report Resolution Variance Application Public Hearing Notice / Mailing list. Location Map ° Sign Plans 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, 20,01 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director.: ;_ Date ', September 4, 2001 Growth Management_Department .•. City Manager, Date • Ul J � � � U � 11L oG 9 boLa� m m�1 L Z V L b C m Q CN `n }o o o� c� 0 ID � two T4 � = v Soo Q o d' R < 3 v cg i 4 ~ ci wC w w w J yy24 n Q�.O Q Ul I.L OC V- Z K `0 W �� N41 i Z c I'm� o o,co a- aa cQw 00 Da w UQ o F- i m �yj m I i I k o 6 1 1 1 � T i O ® n i IH } lJ r• j � - m E "O � m Q N N Cfl v — °- 0) z3 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Jason Nunemaker, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department DATE. September 11, 2001 SUBJECT: VA-42-01: Sign Variance request for Walgreen's Drug Store (Northeast corner of Sheridan Street and SE 5t" Avenue) Sheridan Street Frontage: Variance to allow a six square foot non-electronic changeable copy message board. The proposed changeable copy message board, if approved, would be attached to a'permitted 10 square foot Walgreen's monument sign. The combination sign is proposed to be located next to the Sheridan Street driveway. SE 5t" Avenue Frontage: Variance to allow a second Walgreen's monument sign (only one sign permitted per site), said sign not to exceed 10 square feet in area and four feet in height. The sign is proposed to be located just south of a driveway shared by both Walgreen's and the "Sleep Inn" motel. The City Commission approved the Walgreen's site plan subject to reserving land for a "Welcome to Dania Beach" sign at the intersection of SE 5t" Avenue and Sheridan Street. Walgreen's has offered to construct such a sign as part of the variance request. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Sheridan Street "Non-Electronic Changeable Copy Sign": Approval, subject to: 1) "Welcome to Dania Beach" sign to be completed prior to issuance of a certificate of occupancy for Walgreen's. 2) "Welcome to Dania Beach" sign to be illuminated at night. 3) Applicant agrees not to apply for any additional sign variances: 4) Sign to comply with setback and corner clearance requirements. SE 5t" Avenue "Second Monument Sign":', Approval, subject to 1) Wording stating "DRIVE-THRU PHARMACY" to be replaced with the word "ENTRANCE 2) Applicant agrees to construct no additional ground signs. 3) Sign to comply with setback and corner clearance requirements. WALGREENS SIGN VARIANCE 9-1-01.doc .