Loading...
HomeMy WebLinkAboutR-2000-028 RESOLUTION NO. 2000-028 A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH MANCUSI, FOR PROPERTY LOCATED AT 227 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 6.21 Schedule of Off Street Parking Requirements, sets the parking requirements for the City of Dania Beach; and Chapter 26, Landscaping, Article IV Landscaping, Section 26-47 Vehicular Use areas sets the requirements for perimeter islands for the City of Dania Beach; and WHEREAS, Joseph Mancusi applied for a variance (VA-83-99) to allow for a reduction in the parking spaces from 7 required to 4 and to allow a reduction in the depth of the perimeter islands for property located at 227 North Federal Hwy., Dania Beach; and WHEREAS, the Planning&Zoning Board on January 26, 2000, recommended that the City Commission grant variance request VA-83-99 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-83-99, for a variance as described above (from requirements in Chapters 28, Zoning and 26, Landscaping), a copy of which is attached as Exhibit "A" is approved with the following conditions: a) Joseph Mancusi agrees to use Chicago Brick throughout the paved parking area in the front of the property; b) Joseph Mancusi agrees to replace the Live Oak Trees designated on the landscaping plan with a mixture of Foxtail Palms and Mahogany Trees and plant the trees as recommended by the City's landscape consultant. Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. R-VA-83-99 MANCUSI.doc 1 RESOLUTION NO. 2000-028 . Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on second readi n th d y of F bruary, 2000. M -'CO MIM I SS 10 N E R ATTEST: ROLL CALL: MAYOR BERTINO - YES r- VICE-MAYOR MCELYEA- YES SHERYL CHAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI—YES COMMISSIONER MIKES- YES APPROVED AS TO FO M AND CORRECTNESS: BY: �. THOM J. ANSBRO CITY ATTORNEY i • R-VA-83-99 MANCUSI.doc 2 RESOLUTION! NO. 2000-028 APPLICATION NUMBER: CITY OF DANIA BEACH Date stamp 100 WEST DANIA BEACH BLVD. L i 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. c� � � I) C S 1 33c ADDRESS OF APPLICANT: A -_�? I—'t-� PROPERTY INTEREST OF APPLICANT: O L � NAME AND ADDRESS OF PROPERTY OWNER: ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: -2 -Z LOT 12 L,o7- l � �3Lo�K j -Unw-N PRESENT ZONING: LOT SIZE/AREA.- PRESENT/ PROPOSED USE OF PROPERTY: �`S DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): PSG'. . 21 IFAR ►+� 1G-�V0K1 2�. -4R - kO ' -CECZM►niptL 14LAv-� 0 -rO S LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E. ARCHITECT,ATTORNEY): �t 1�s►y%-= gt M CTFK:�__[' 012o--S2� 1 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. L15 c;? ' IoK1 © f= t-�G �.iti+ t -rs —r r�4P " C-!5�F_2 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. VT iP;; 12 L.A t,-� -- Etc t s7 t P 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. d itA eta A I M 11..A.rL X S71 G Gj Tfz uG-T c�2 t�S A O L-t M T�-Cl O u� E-'t'4-Y -TNk`z is NOT A SP�G(.�L,�R�vrL 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. 2 Zv►�i�G �4���s �v�2 �i�-L4 l C.. S t?Ac� c� t-t�-, o�'f -�'E-��S E 9�Po+ V�,GZ 1 A►�C�CS `T'H� �X�ST� �� LA K iF- 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. T4 t S t S -r[4 E G-1 I N L1 µ t car 1 ��dtel A^t C.�S (Z�r�c�1 Pc D -T o C 2av N t� I A A4 X . PA t2 t<c�JGi t -�l-Ir A Q L_( a-t k-CF t22-� 23 L-t' S`n t► AIII o x�s-t'c �� t �s��g • 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. o Y�C `✓>�rz tA�c cry V�!t Lr Q�2�c �- M t3F_ 2(0kDS d I M F-r,.STA B— -To Pu V-- L L 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. ZT l 5 t i A �tse '12:> t c;7 v--- --k -lz t O-t:CD E!!�-tz-K t. yK')'PrXZ fJfEce-) TO Ak-� • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 honzed the undersigned petitioner to make and file thi pli r STATE OF FLORIDA -- COUNTY OF BROWARD M The forgoing instrument was acknowledged before me on��c. 11999 by �1 o 5e�ti A,-rC v ; as(title] Ou)n e. for[ me of entity] Z,:) • a ,who is personally known to me, r —-produc d as identification. M Commission Expires: ��J / ; FJD^ _.r r'"°=s Helen... Y P � �'- MY COMMISSION�CC784 � Y U C • October 19,2002 % 1 `c BONDED THRU TROY FAIN INSURANCE INC 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. SIGNATURE OF OWNER STATE OF FLORIDA COUNTY OF BROWARD The forgoing instrument was acknowledged before me on 1999 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 Check list for Planning Dept.: Plan Fee Survey • 6 13oggi-c:--4utc&son and ogssoccat£i, Ync. ZFLO-RID-A 2g11 Hollywood Blvd. SURVEY CERTIFIED TO: LHollywood. Florida 33020 RS Phone(305)92J-4579 M AN C U 5 1 LEGAL DESCRIPTION: Lot 12 LESS the North 8.00 feet tonether with the North 49.00 feet of Lot 13 in Block 1 of "TOWN OF MODELO" according to the Plat thereof, as recorded in Plat Book "B" , Paqe 49 of the Public Records of Dade County, Florida, LESS the East 8.00 feet thereof for road right-of-way. Said lands lyinc! and being in Broward County, Florida. ADDRESS: 227 N. Federal Hiahway Underground locations Dania. Florida and/or encroachments. - if any, are not shown Io• L.• 14., g• Fnd.P,Pe oti°E F :.RLS 9 E.J.5'C.L.Fc. 1 is lye 47' 4' T o04'/wd.PoS�s� �1�, pyv chars ;Slab, � 2� N• � \z.o e� r• z1 q.,j 5 %7, 0� o 4- �a 06 /1 ®.l w p Corr, (✓1d9, b'C.C,Fc. S F r ra LA 11- 29.-7 3 14.20 ; n .. -f 9.}- 7r I `s1•aes s W ° £ 041 a� ' I c o.q ` ay '� s �c a -p .d 0 E „ °• steps : 'f E ' 4- i 7C 5. .4`' th La ss (Feo� xzilLyMs . :is 5 1 f r2b.zs a1 ,C.►dPK•tl. �o.s S? Se Ov.A81A o.oiE• t4'G�ass Awe 5 cvnc. s.a 1.1a�� ,v 2'curb tic Gu er jaix►oE Er� aE ►1.k.1 SURVEY WAS NOT A6VTRACTED FOR EASEMENTS AND/OR RIGHT-OF-WAYOF ` FLOOD ZONE fl ® LAQVV RECORD. OUN0iEItANST 0FINAL BASE FLOOD ELEV.- NOTES: FINISH FLOOR ELEV. sI1 ' I hereby con*that 1 have made a recent survey of the LOWEST FLOOR ELEV. ■ l 5.64' above described property,and it is true and correct to the 1. Elevations are relay to National Geodetic Vertical best my knowledge and beW.l aim cartify that there are Datum of 1 ts729 r m thus °$— no abov0 mound encroschmsrus,unless otherwise noted. 2. Scale:to1 1 2 I further certify that tM survey represented hereon meets the I c MIM.!MUM TECHNICAL STANDARDS adopted by the 3, Benchmark: P cl Florida Board of Land Surveyors, pursuant to Section Pav•F ea. Hwy.OP S.F,. Add. 472.027 Florida Staaws and the minimum requirements Psd ►.'IfF.42) of the F.LTA Aa"Uf' dayof Oc 19 86 4,_. PETER®LANDING 51L ` Reg.Land'Surveyor No.3487 a' State.ofFlorida00 . cS' NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH �NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on February 22, 2000 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-83-99: Variance request by Joseph Mancusi from Chapter 28, Zoning, Article 6.21 Schedule of Off-Street Parking Requirements, to allow for a reduction in the number of parking spaces from 7 to 4; and Chapter 26, Article IV Landscaping, Section 26-47 Vehicular Use areas to allow a reduction in the depth of the perimeter islands. This request is in conjunction with a site plan to improve the parking and landscape area for the existing retail business located at 227 North Federal Hwy., Dania Beach (Downtown Redevelopment District.) Legally described as Lot 12, less the north 8.00 feet together with the north 49.00 feet of lot 13 in block 1 of"Town of Modelo" Plat Book"B" Page 49 of the Public Records of Dade County, Florida, less the east 8.00 feet thereof for road right of way. Said lands lying and being in Broward County Florida. 2) SE-103-99 — Special Exception request by Nick Blount for Florida Power and Light Company for property located at approximately the north side of SW 36th St. between SW 26th Terr. and SW 30th Ave. (2801 SW 36th St.) to allow for the construction and operation of an electrical substation by FPL Company. Legally Described as: The east 400 feet of the west 700 feet of the south one-half (S 1/2) of the southeast one-quarter (SE 1/4) of the southwest one-quarter (SW 1/4) of Section 20, Township 50 South, Range 42 East, Said lands lying and being in Broward County, Florida. Containing 273,308 square feet(6.2743 acres, more or less). 3) RZ-88-99 - Rezoning request by Jack Studiale, owner Tropical Acres Restaurant from Residential R-1C / Commercial B-2 to Commercial C-2 as described in the following ordinance - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JACK STUDIALE, FOR PROPERTY LOCATED AT 2500 GRIFFIN RD. WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE NORTH 1.31 +/-ACRE PORTION FROM BROWARD COUNTY B-2 (COMMERCIAL) TO C-2 (COMMERCIAL) AND THE SOUTH 1.66 ACRE PARCEL FROM R-1C (RESIDENTIAL) TO THE CLASSIFICATION OF C-2 (COMMERCIAL) USING THE 5% COMMERCIAL FLEXIBILITY RULE, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. VA-99-99 — Variance request from Chapter 26 Vegetation; Article IV Landscaping - Sec. 26-43. Existing nonconforming vehicular use areas. Existing vehicular use areas which do not comply with this article shall be brought into conformity with these regulations when the total square footage of the vehicular use area is increased or decreased by ten (10) percent and / or when there is a structural addition which increases the total gross floor area of any existing building on the property more than five hundred (500) square feet. Legally described as a portion of Tracts 8 & 9, Block 1 of the subdivision of Section 32, Township 50 South, Range 42 East, according to the plat thereof as recorded in Plat Book 2, page 32, of the public records of Dade County, Florida, more fully described as follows: Commencing at the Northwest corner of said Tract 8; thence South 0 6' 00"west on west line of said tract 8, a distance of 35.00 feet to the point of beginning; thence due east a distance of 184.48 feet to a point of curve; thence on a curve to the right, having a radius of 2236.83 feet, and a central angle of 3 42' 59", an arc distance of 145.09 feet to a point on the east line of said tract 8; thence south 0 02' 37" west on said east line, a distance of 231.30 feet; thence south 83 35 15 west a distance of 107.34 feet; thence due west a distance of 63.04 feet; thence south 0 06 00 west, a distance of 100.00 feet; thence due west a distance of 160.00 feet to a point on the west line of said tract 8; thence north 0 06 00 east, on said west line, a distance of 120.87 feet; thence south 89 56 47 west a distance of 125 feet; thence north 0 06 00 east a distance of 209.25 feet; thence due east a distance o125.00 feet; thence north 0 06 00 east on the west line of said tract 8 a distance of 18.00 feet to the point of beginning. Together with a portion of tract 8, block 1 of the subdivision of Section 32, Township 50 south, range 42 east, according to the plat thereof, as recorded in Plat book 2, page 32, of the public records of Dade County, Florida, described as follows: Commencing at the northeast (NE) corner of said tract 8; thence run south along the east line of said tract 8, a distance of 271.00 feet to a point of beginning for this description; thence continuing southerly along said east line 120 feet; thence run westerly parallel to the north line of said tract 8, a distance of 106.82 feet more or less to a point located 222.00 feet east of the west line of said tract 8; thence run northeasterly 107.41 feet more or less to the point of beginning; and the east 63.00 feet of the west 223.00 feet of the south 118.00 feet of the north 383.00 feet of tract 8, in block of the subdivision of Section 32, Township 50 south, Range 42 east, according to the plat thereof, recorded in plat book 2, page 32 of the public records of Dade County Florida said lands situate, lying and being in Broward County, Florida, and containing 18,471 square feet or 0.4240 acres more or less. 4) Request by Robert I. MacLaren, Osborne & Osborne, PA& Cheri Lauria, Caulfield and Wheeler, representing Owner, ^• Nick Economos, Preseident Coed-Economos Properties, Inc.. Property located North of Stirling Road, on the East Side of SW 18th Avenue and South of SW 1 st ST., Dania Beach: PL-97-99 — Request for preliminary plat approval "Hilton Gardens At Stirling Road" - AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "HILTON GARDENS AT STIRLING ROAD" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "HILTON GARDENS AT STIRLING ROAD"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. RZ-110-99— Request to rezoned the following described parcel from A-1 Agricultural to C-2 Commercial in conjunction with a proposed 165-Room Hotel. - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY NICK ECONOMOS, COED-ECONOMOS PROPERTIES, INC., FOR PROPERTY LOCATED AT STIRLING RD AND SW 18TH AVE. WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM A-1 (AGRICULTURE) TO THE CLASSIFICATION OF C-2 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5) PL-93-99— Request for preliminary plat approval by Brian Waxman, General Counsel for Lou Gaeta Development Co. Property located on the Southwest Corner of Griffin and Ravenswood Roads, Dania Beach, FL. The "Gaeta Center" Plat is being proposed in conjunction with a multi-tenant commercial development on approximately 3.99 acres. - AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "GAETA CENTER" PLAT, SUCH PROPERTY BEING LOCATED IN THE CITY OF DANIA AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, • HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "GAETA CENTER"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Information and copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard 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 / Publish February 11, 2000 • AGENDA REQUEST FORM CITY OF DANIA BEACH a V* 57 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: FEBRUARY 22, 2000 2. DESCRIPTION OF AGENDA ITEM: VA-83-99 -MANCUSI 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION d 4. SUMMARY EXPLANATION & BACKGROUND: VARIANCE REQUEST BY JOSEPH MANCUSI FOR PROPERTY LOCATED AT 227 NORTH FEDERAL HWY. (REF. SP-83-99 SITE PLAN) 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM RESOLUTION APPLICATION LOCATION MAP PUBLIC HEARING NOTICE • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board Approved request at the January 26, 2000 meeting. Submitted by: Laurence G. Leeds, AICP, Director Date 02/14/2000 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: MICHAEL SMITH, CITY MANAGER FROM: LEIGH R. KERR, AICP, PLANNING CONSULTANT GROWTH MANAGEMENT DEPARTMENT DATE: February 22, 2000 SUBJECT: SP-83-99 /VA-83-99 — Site Plan /Variance Requests APPLICANT: Joseph Mancusi REQUEST: Site Plan request for improved parking and landscaping in conjunction with the existing retail building. Variance request from Chapter 28, Article 6.21 Off Street Parking requirements and Chapter 26, Article IV • Landscaping, Section 26-47 Vehicular Use areas LOCATION: 227 North Federal Hwy., Dania Beach Downtown Redevelopment District. EXISTING ZONING: C-2 - COMMERCIAL FUTURE LAND USE: COMMERCIAL PROPERTY SIZE: 8,827 Sq. ft. SURROUNDING ZONING: C-2 COMMERCIAL SURROUNDING LAND USE: COMMERCIAL The applicant is requesting site plan approval for modifications to the existing site located at 227 North Federal Highway. The site is currently utilized as a residence and the applicant has submitted a site plan for conversion of the first floor to a commercial use and maintaining the second floor as an apartment. The site would require seven (7) parking spaces to accommodate the proposed development plan. sr mancusicc.DOC The applicant has also submitted a variance application to allow four parking spaces (seven spaces required) and'a variance to landscape area requirements. Since the December, 1999 Planning and Zoning Board meeting, the staff has met with the applicant and a series of revisions are proposed. The applicant has expanded the parking by one (1) additional space which would will provide a total of five (5) parking spots. The driveway width has been widened and the applicant is proposing to install Old Chicago brick throughout the paved area. This would provide a significant enhancement to the property. The applicant has also revised the landscape plan to include clusters of palm trees at the end of the landscape islands fronting on US1. The plan contains a significant number of tree enhancements for the entire site including red maples, live oak and gumbo limbo. The site will have a total of forty (40) percent pervious area for the entire site. The applicant has also revised the lighting on the front of the building to be a baffled type. The applicant has indicated that solid waste will be handled with roll out containers. The residential use on the site is permitted as a special exception in the C-2 district. However, accordingly to the applicant, the apartment is an existing condition and will not change. Based on applicant's representation, the apartment is a legal, nonconforming use and no special exception approval is required. Please note that any signs are separately permitted. Staff Recommendation: Approval of the variance request and site plan approval. Planning and Zoning Advisory Board Recommendation: Approval of the of variance request and site plan approval. 9918/SP-83-99 REPORT sr mancusicc.DOC