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HomeMy WebLinkAboutR-2000-012 RESOLUTION NO. 2000-012 A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN ST. CLAIR, COMPETITION CYCLE CENTER, FROM CHAPTER 28, ZONING, ARTICLE 6.21 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 901 OLD GRIFFIN, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28,Article 6.21 schedule of off street parking requirements for the City of Dania Beach; and WHEREAS, Stephen St. Clair, Competition Cycle Center applied for a variance (VA-100- 99) regarding the off street parking requirements for property located at 901 Old Griffin Rd., Dania Beach; and WHEREAS, the Planning &Zoning Board on December 15, 1999, recommended that the City Commission grant variance request VA-100-99 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-100-99, for a variance as described above (from requirements in Chapter 28 Zoning,Article 6.21 Off Street Parking Requirements), a copy of which is attached as Exhibit"A" is approved subject to Stephen St. Clair, Competition Cycle Center, providing the City with a covenant restricting use of the abutting strip of land between Dania Cut-off canal and Old Griffin Road for landscape purposes and directing the city attorney to investigate the ownership of the parcel. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. 1 RESOLUTION NO. 2000-012 ® PASSED AND ADOPTED THIS 25TH DAY OF , 2000. ERTINO MAYOR - COMMISSIONER ATT T: HERYL dHAPMAN ROLL CALL: ACTING CITY CLERK MAYOR BERTINO - YES VICE-MAYOR MCELYEA - YES COMMISSIONER ETLING - YES COMMISSIONER CALI - YES APPROVED AS TO FORM COMMSSIONER MIKES - YES AND CORRECTNESS: By. , T ON) S J. AN BRO CITY ATTORNEY 2 RESOLUTION NO. 2000-012 r— Date stamp APPLICATION NUMBER: CITY OF DANIA BEACH cc _ �� 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 (954) 921=8700 X262 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: kjf ADDRESS OF APPLICANT: 9O>' jai t'i/3 �i N i�c�,� �I A/V i A . f I . 3 3 o PROPERTY INTEREST OF APPLICANT: 0c-'j ti1e-2 NAME AND ADDRESS OF PROPERTY OWNER: %-02A ,� r�:_S�-.nnr i��LLa�2 . 90J 1 QLI�r ► �'�N d,, ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: ChEQ PRESENT ZONING: C- ` LOT SIZE/AREA: 5` f-I*AC117 d PRESENT/ PROPOSED USE OF PROPERTY: 2r-+Ail / S.ho P A 46` • DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E. ARCHITECT, ATTORNEY): ) 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. • 4 2) Provide evidence that the special conditions and circumstances do not result f the applicant. from the actions of 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. t1 t 46 A E AN y 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. P ive 5) Describe how the requested variance is the minimum variance that will make possible reasonabl use of the land, building or structure.44, the fA A � a A� SP A tF A►Jyk,,,3,,Ays. I' s • 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. _ 1P C ANd a s Nd 7) Please add any other comments which may assist the City Commission and the Planning Zoning Board in reviewing this request. g and L - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ This is to certify that I am the owner of the subject land(s) described above in the petition for varia (Complete only if applicable) I have also authorized the undersigned nce. to make and file this application for variance. g Petitioner STATE OF FLORIDA E APPLICANT COUNTY OF BROWARD The forgoing instrument was acknowledged before me on 1999 b as(title] a Florida Corporation, who is for[name of entity] -1- as identification. _personally known to me, or roduceed — EAL My Commission Expires: OF � LANK NOTARY PUBLIC STATE OFFLORIDA NO RYPUBLIC COMMISSION NO.C+'r,3�235 MY COMMISSION EXP.APR.15: 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 SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID APPLICATION FOR A SIGN ADJUSTMENT, STATE OF FLORIDA 3fGNATURE 6F OWNE'R COUNTY OF BROWARD The forgoing instrument was acknowledged before me on L(itik'bck, L(v , 1999 by 3 u ti S as [title] for[name of entity] CC C Q e-_, a Florida Corporation,who is_personally known to me, or�oducedd as identification. My Commission Expires: NOT IC 0R Check list for Plannin ept.: SrSSA CCb3 A, ee Survey r �� �o� M� 6 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH _NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on January 25, 000 at 7:30 p.m., or as soon thereafter as possible, in the 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 a request. as follows: 1) VA-100-99: Variance request by Stephen St. Clair from Chapter 28, Zoning, Article 6.21 Schedule of Off- Street Parking Requirements, to allow for a reduction in the number of parking spaces by 5 (4.3). This request is in conjunction with a site plan which was brought before the City Commission on July 13, 1999 for an addition to the existing building known as "Competition Cycle Center" located at 901 Old Griffin Rd. Legally described as Parcel "A' of "Griffin Commercial Plat", according to the plat thereof as recorded in plat book 102, page 28 of the public records of Broward County, Florida. Together with: A parcel of land lying in the west 3/4 of the north '/z of the southwest '/4 of the northwest '/4 of Section 34, Township 50 south, Range 42 east, Broward County, Florida and being more particularly described as follows: Commence at the point of intersection of the east line of the said west 3/4 of the north '/2 of the southwest '/4 of the northwest '/4 and the north right-of-way line of a Florida Power and Light Company Right-of-way (described in O.R. B. 609, Pg. 618 B.C.R.); Thence westerly along the said north line of the Florida Power and Light Company right-of-way, 183.20 feet to the point of beginning of this description; Thence continue westerly along the last described course, 97.96 feet to the southeast corner of parcel, "A" of "Griffin Commercial Plat", as recorded in plat 102, page 28 of the public records of Broward County, Florida; Thence northerly along the east line of said "Griffin Commercial Plat" and its northerly extension and parallel with the said east line of the west % of the north '/2 of the southwest '/a of the northwest '/4, 149.90 feet to a point on the southerly edge of pavement of Griffin Road as now located and constructed; thence easterly making an included angle of 87 degrees 55 minutes 20 seconds, a distance of 98.02 feet along said southerly edge of ispavement; thence southerly parallel with the said east line of the west 3/4 of the north '/z of the southwest 1/4 of the northwest '/4, 143.70 feet to the point of beginning. Together with: A portion of "Griffin Commercial Plat", according to the plat thereof as recorded in plat book 102, page 28 of the public records of Broward County , Florida being more particularly described as follows: Beginning at the northeast corner of Parcel "A" of said "Griffin Commercial Plat"; Thence run on an assumed bearing of north 87 degrees 55 minutes 20 seconds west, along the southerly right-of-way line of Griffin Road, as shown on said "Griffin Commercial Plat, for 160.11 feet to the northwest corner of said parcel "A"; Thence north 15,01 feet: thence south 87 degrees 55 minutes 20 seconds east, for 160.11 feet; thence south. for 15.01 feet to the point of beginning. Said lands lying in the City of Dania, Broward County Florida. 2) SE-84-99 - Special Exception request by William and Dawn Cepek to allow a vinyl sign studio in a DB-2 zoning district, located at 2381 Griffin Rd., Dania Beach. This request is in conjunction with a site plan request for a 1,295 sq. ft. addition to the existing vinyl sign studio. Legally described as Lots 1 and 2 of the Broward Heights Addition to Fort Lauderdale, according to plat book 31, page 28. 3) LUF-78-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing Trafalgar Associates, Inc.. as petitioner for a small scale land use amendment for a 2.0751 acre parcel located at approximately 600 East Sheridan Street from Commercial to Residential Medium High 25, utilizing 48 flexibility units from Flex Zone 84. The petitioner is proposing to construct two (2) multifamily buildings. 3- stories each for a total of 48 units at the site. AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO RESIDENTIAL MEDIUM HIGH (25) A PARCEL OF LAND CONTAINING 2.0674 ACRES MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 1 BLOCK EAST OF S.E. 5T" AVENUE IN THE CITY OF PLAT No. 2 1-37 OD , ►� ^� . I -----� oil y MEN" ►sntral� s•_,� t "./ill i1 CliLQl�Mail, LUM Ir ,,� r ��` �.: 1 raw, ■i�1 �'1 NNW I!•�1 r� �.ldlst C=LL�IPII ,.. � ptt`►7rl••11 tlfr�<"31 �� ' �� � •. !�LJ CS.i171v1��.a Iris<. -,a• a!•t/LLL7 /S117W'11 l=`[ , ' • •. • ti Al s � /ice■ �►`.�ICtii. ° ... - , �.. .ri.Sw ■ii/ I� .i �A v � •.�� ..�s�tern ti". e�� a' ..,v,., _b m 1 • ■tests. ._II�1 '�` �� • , �a�► � rat•.. •�•�atru/ .t:Ca� �! , ,Awl ate: 1M' HIGHWAY 71 �e , r� r- �. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 15 A. 1. DATE OF COMMISSION MEETING: JANUARY 25, 2000 2. DESCRIPTION OF AGENDA ITEM: VA-100-99—VARIANCE REQUEST 3. Commission action being requested: APPROVAL OF RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Variance from parking requirements associated with Site Plan approval for addition to existing Competition Cycle Center located at 901 Old Griffin Rd. Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Memorandum, Leigh R. Kerr, AICP Planning Consultant Variance Application Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Leigh R. Kerr, AICP Planning Consultant January 21, 2000 City Manager Date CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: MICHAEL SMITH, CITY MANAGER FROM: LEIGH R. KERR, AICP, PLANNING CONSULTANT DATE: JANUARY 18, 2000 SUBJECT: VA-100-99 / SP-25-99 APPLICANT: STEPHEN ST. CLAIR REQUEST: VARIANCE REQUEST TO ALLOW FOR A REDUCTION OF 5 (4.3) PARKING SPACES IN CONJUNCTION WITH A SITE PLAN FOR AN ADDITION TO THE COMPETITION CYCLE SHOP. SITE PLAN REQUEST (Continued from the July 13, 1999 Regular Commission meeting for an addition to the existing Motorcycle Shop.) LOCATION: 901 OLD GRIFFIN ROAD EXISTING ZONING: C-3 FUTURE LAND USE: COMMERCIAL PROPERTY SIZE: 19,004 sq. ft. +/- SURROUNDING ZONING: C-3 and C-4 TO THE EAST AND WEST; CANAL TO THE NORTH WITH RS-6000 ACROSS THE CANAL; RM TO THE SOUTH. SURROUNDING LAND USE: COMMERCIAL TO THE EAST AND WEST; LOW MEDIUM (1) TO THE SOUTH AND LOW (5) TO THE NORTH ACROSS THE CANAL. The subject site is a motorcycle shop on Old Griffin Road. Previously the Planning and Zoning Board approved a site plan which included parking within the FPL easement which the applicant is attempting to acquire. However, it is expected the negotiations with FPL to extend for the next twelve to eighteen months. The applicant is currently requesting a variance for a reduction of five (5) parking spaces in conjunction with the site plan. This would not require utilization of any of the FPL site. The staff has reviewed the variance in accordance with the standards of review within the City Code. We find that this is a unique situation and circumstance that applies to this site. It is felt that inasmuch as this a motorcycle shop, as the applicant has indicated, many of the customers are riding motorcycles rather than cars, and utilization of the parking on site for automobiles will probably be quite limited. Staff feels that the granting of the variance will be in the general intent of the Zoning Code and will not convey any special privilege upon the applicant. VA-100-99 Staff Recommendation: Approval of the variance with the condition that it be for the purpose of supporting the motorcycle shop on the premises. Planning and Zoning Recommendation: Approval (5-0). SP-25-99 Staff Recommendation: Approval of the revised site plan deferred from the July 13, 1999 City Commission Meeting. VA-100-99 /SP-25-99-ST CLAIR/COMPETITION CYCLE