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HomeMy WebLinkAboutR-2001-240 RESOLUTION NO. 2001-240 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY LUCKEY'S MANAGEMENT INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION SIGN REGULATIONS, FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 28, Signs, sets the signage criteria for specific zoning districts within the City of Dania Beach; and WHEREAS, Jay Patel, Luckey's Management Inc. has applied for a sign adjustment (SA- 53-01) to allow for a sign which is in excess of the allowed signage regulations in the Zoning District for property located at 205 North Federal Hwy., Dania Beach; and WHEREAS, the Planning & Zoning Board on November 28, 2001, recommended that the City Commission grant the sign adjustment request SA-53-01 based upon the criteria set forth in Article 28, Section 28.200. "Relief from requirements; Sign Adjustment; Variances", 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 SA-53-01, for a sign adjustment from Chapter 28 Zoning, Article 28, Signage, Section Sign Regulations, a copy of which is attached as Exhibit"A" is approved subject to: (a) The base of the sign being painted black and all other existing colors (green and red neon and inside painted with white letters and a black background) being retained; (b) The two white information panels existing on the sign being retained; (c) Mr. Patel shall abide by the requirements of the original landscape plan. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 1 RESOLUTION NO.2001-240 and adoption. • PASSED AND ADOPTED THIS 11T" DAY OF DECEMBER, 2001. 4� 4-6- MAYOR — COMMISSIONER ATT ST: ROLL CALL: COMMISSIONER BERTINO-YES COMMISSIONER MIKES-YES CHARLENE J H SON COMMISSIONER McELYEA-YES CITY CLERK VICE-MAYOR CHUNN-YES MAYOR FLURY-YES APPROVED AS TO FORM AND CORRECTNESS: By: AN NN THOMAS'J� AN$ RO CITYJATTORNEY • 2 RESOLUTION NO.2001-240 CITY OF DANIA S 100 WEST DANIA BEACH BOULEVARD DA�IIA, FLORIDA 33004 �^^ � II 305/921-8700 APPLICATION NUMBER - /- % DATE FILED ?,Zee APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania, Florida to consider the variance of the parcel(s) of land described in this application. NAME OF APPLICANT: !r fc_eE . 1n' ADDRESS OF APPLICANT: „vim ; �� ,/;+ Ae(4/ PHONE: C� <-Xt s f�,.,•>J --- 3�;c:4 PROPERTY INTEREST OF APPLICANT: L+ , '_f, NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE APPLICANT) : ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: i/ ZONING CLASSIFICATION: 0 LOT SIZE:•2C.. ,iC AREA: PRESENT USE: DESCRIPTION OF THE VARIANCE(S) REQUESTED: I� (L � �,c,r rN(; /'r_ �N��/�-./.s�c�,-7r ;�6.•�; �/ �i�•�1ifn nr" 'o ' -�' ,yy t.✓15 G• /3 ;�.�.,�,ic/�iC�i� Si fit/ 6xGcu/�,...'U <J yc� -C'/c c- i'x+' .-LS `7 /N � LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT, ATTORNEY, ECT. IF ANY) : /L•t' /: -"e, -r /��%/'<><<'��}+-`rc•r - il'i1CiC/+ %�i�tC �CIc/i 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 consider if a variance will not ')e contrary to the public interest where, owing to special conditions, a literal enforcement of the zoning of the zoning code will result in unnecessary and undue hardship. 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. Provide evidence that he special conditions and zircumstances do not result from the fictions of the applicant. l�— yF 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. f s f�•GG� <.ii � 1. Provide evidence that the literal interpretaion 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. Aze S. Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. /tZ7+ i 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 other- wise 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. Ll NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA CITY COMMISSION. Signature of Pe'itionerl sworn to and sube-crib\d before me this iz day of Fcr, 19 - 1 —� Commission Expires: )kkary Pub11C�/ .�..'. .•• JWm Pedow My COMMISSION f CC628168 EXPIRES .' ADM i,2001 '04 0E0 TIRU TROY FAIN NISURN/CE.1W FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE AUTHORIZED 71 Pr-f-4-1 TO MAKE AND FILE THE ® AFORESAID PETITION FOR VARIANCE. Signature of Owner Street address, City, Mate & Zip Telephone Sworn to and subscribed before me this day of lg Notary Public Commission Expires: TO BE COMPLETED BY OFFICE STAFF ONLY MATERIALS INCLUDED Plans Sketches Survey Fee ® List of Adjacent Property Owners THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT DEPARTMENT. ACCEPTED BY: • w . . 4 I'1 r gd i gam♦ � _� �• •� � Sol 5��illli���li�111��1':► �1111�111�� '� �� ►,=. IIahnI -sawwwwWwwwo offifffil a ■■��_•_- � §.�.... »ai« �!v� u .��I��A 4"'"' a s . l . lip QF3 —Mams =tea ! PIFTI s� . � •ems *� - �„ •��� �� mow. � � � � _ • • � '•�� • •� d saw► �� �+� � � � E �� ��� �' • e AGENDA REQUEST FORM CITY OF DANIA BEACH MW qSAGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 11,2001 2. DESCRIPTION OF AGENDA ITEM: SA-53-01 -SIGN ADJUSTMENT REQUEST BY LUCKEY'S MANAGEMENT INC. 205 NORTH FEDERAL HIGHWAY 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Application Location Map Sign Site 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 November 28, 2001 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date December 4, 2001 Growth Management Department City Manager Date • . CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager G. el-a" FROM: Laurence Leeds, AICP, Director Growth Management Department DATE: December 11, 2001 SUBJECT: Sign Adjustment Request: Request by Jay Patel, Luckey's Motel, 205 North Federal Highway, to Retain and Restore an Existing Monument Sign approximately 16 feet tall, 112 square feet in area, and setback 1.5 feet from Federal Highway (The sign code permits a seven foot high, 25 square foot monument sign, setback from five foot setback). The applicant proposes to retain and restore the existing monument sign adjacent to Federal Highway. Even though the existing sign exceeds size, height, and location criteria, the use of subtle, muted neon colors make the sign compatible with its surroundings. • Applicant proposes to change the color of the sign base from dark brown to bright yellow. Applicant also proposes to change the neon banding for the word "Luckey's" from greenish-blue to bright yellow. Staff does not support the proposed color changes. The use of the bright yellow for the sign base and potions of neon banding will result in a brighter, harsher, and less subtle "sign look." Staff supports granting the adjustment provided the applicant maintains the current color scheme. STAFF RECOMMENDATION Staff recommends granting the adjustment to restore the existing sign provided the applicant maintains the current sign color scheme. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION The Planning and Zoning Advisory Board recommend granting the adjustment to restore the existing sign, including applicant's proposed sign color scheme. • LUCKEY'S MOTEL SIGN VARIANCE CC 12-11-01.doc • LUCKEY'S MOTEL 205 N. Federal Hwy Dania Fi 33004 954 925 5500 954 424 9825 December 5, 2001 Mr.Lawrence Leeds City Of Dania Beach 100 Dania Beach Blvd Dania FL 33004 Mr. Leeds As you are aware we trying to obtain the Certificate of Occupancy for the Luckey's motel. Currently we are have some difficulties with the Landscaping, on my plans it states that I must plant 7 existing foxtail Palms, during construction these palms did not make it and it is very difficult to find foxtails with overall height of 12 - 14 feet. Instead of the Fox Tails I have planted Alexandria Palms with overall height of 10+ feet. I am requesting that the City of Dania Beach let me keep the Alexandria Palms, as I am unable to obtain the Foxtails. ® Sincerely, Jay Patel