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Home My WebLink AboutR-2000-037 RESOLUTION NO. 2000-037 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY LESTER C. BOGGS, P.E., PRESIDENT AC & LP CORP., FOR PROPERTY LOCATED AT 1237 STIRLING RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.; and WHEREAS, Lester Boggs, PresidentAC &LP Corp. has requested a zoning appeal to allow for a "wholesale jobber" business to be located at 1237 Stirling Rd., Dania Beach, • without going through the site plan approval process; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application letter dated February 29, 2000 (ZA-001-00) for a zoning appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved subject to the following staff recommendations: a) Landscaping as per the submitted plan (dated 3/5/00), subject to modifications necessary to accommodate existing septic field and overhead power lines; b) Parking areas along Stirling Road to be thoroughly cleaned of all weeds, debris, etc.; c) Dumpster/Trash receptacles to be prohibited in the front yard; d) Undeveloped portion of the site to be cleared of all weeds, tall grass, undergrowth (if applicable) and miscellaneous material (i.e. r-za-001-00 boggs.doc 1 RESOLUTION NO. 2000-037 ® tires, machinery parts, etc.) pursuant to the Cite Code and Zoning Code; e) Redevelopment of the remainder of the site to require Site Plan Review. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 131h DAY OF MARCH, 2000. AYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES ,�,�► VICE-MAYOR BERTINO- YES S H ERYeCHAPMAW COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- YES APPROVED AS TO FORK4 AND CORRECTNESS: BY: '' -\ A/4 TH M J. ANSBRO CITY ATTORNEY r-za-001-00 boggs.doc 2 RESOLUTION NO. 2000-037 AC & LP CORE February 29, 2000 City of Dania Beach Mr. Larry Leeds, Director Growth Management Department 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Re: 1237 Stirling Road, Dania Beach Dear Mr. Leeds: This letter is to request an appeal of the Growth Management Department's interpretation of the Dania Beach code regarding the necessity of site plan review for the above referenced property. AC & LP Corp. is requesting issuance of a building permit for minor alterations of the existing building without the necessity of site plan review The ® proposed alterations will not increase the square footage of the existing building. The intention of AC & LP Corp. is to lease the existing building for an approved use. We would ask that this matter be agendized for consideration by the City Commission at its next meeting as time is of the essence. Please feel free to contact me if I can be of any assistance in this matter. Sincerely, LV. ggs�, P.E. President � 0 F. FED 2 9 EXHIBIT " a� 2057 TAFT STREET • HOLLYWOOD, FLORIDA • 33020 PHONE: 954-923-3440 • FAX: 954-923-1310 4 February 24, 2000 City of Dania Beach Attn: Laurence Leeds, AICP 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Fax: 954-922-2687 Dear Mr. Leeds, Please allow me to introduce my company to you: BARGIA, Inc. is a wholesale jobber to the interior design industry. Our business is primarily trimmings, tassels and fabrics. BARGIA is represented by Trade Only Showrooms throughout the country—Dania, FL, Washington, DC, Minneapolis, MN, Atlanta, GA, New York, NY, Troy, MI, Cincinnati, OH, Denver, CO, Houston, TX, Austin, TX, Los Angeles, CA, Seattle, WA, Scottsdale, AZ, Hartford, CT, as well as many other showrooms not located in traditional Design Centers. Our products are shipped to us in bulk from trim and fabric mills around the world. These items are inventoried in our warehouse and shipped as orders are placed by Interior Designers, Architects, Specifiers, etc. Our shipments are traditionally handled by United Parcel Service (UPS) and Federal Express. BARGIA has been in business for 12 years. Our business is wholesale, to the trade, with no retail sales involved. BARGIA employs approximately 13 women from the Hollywood, Hallandale, Dania and Davie areas. We feel that our company would be a good addition to the existing Design District presently located in the Stirling Road corridor. Our current business location in Hollywood is open for your perusal. I look forward to talking with you soon. Sincerely, Ei ody Owner/ President 2046 Madison Street • Hollywood, FL 33020 • Tel-800-782-7801 • Fax-800-791-7838 Visit us on the intemet at: http:\\www.Bargia.com February 24, 2000 City of Dania Beach Attn: Laurence Leeds, AICP 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Fax: 954-922-2687 Dear Mr. Leeds, As a follow up to our original letter of introduction: We receive daily deliveries and pick-ups from UPS and Fedex. Approximately four(4) times per year we receive shipments via common carrier(i.e. Roadway). If you should have any further questions regarding our business, please do not hesitate to contact me personally. Sincerely, (:ETtie_enG. Foody Owner/ President 2046 Madison Street Hollywood, FL 33020 • Tel-800-782-7801 • Fax-800-791-7838 Visit us on the internet at: http:\\www.Bargia.com NOTICE OF PUBLIC HEARING BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZONING APPEAL Notice is hereby given of an appeal requested by Lester Boggs as owner of property located at 1237 Stirling Rd., aka Jabfer Industrial Park, Dania Beach, Florida, from the decision made by Growth Management Director on February 29, 2000, where it was determined that site plan approval would be necessary for property located at 1237 Stirling Rd., Dania Beach, Florida. The Dania Beach City Commission will hear this appeal on Monday, March 13, 2000 at 7:30 p.m. or as soon thereafter, in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach Florida. All interested parties may appear at said meeting and be heard with respect to the proposed petition(s). Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida 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. Published: Saturday, March 4, 2000 JABFER BOGGS appeal.doc Broward, FL, 1998-99 -51-42-04-00-0010, 1200 STIRLING RD, DANIA FL 33004-3534 C006 Sheet: 1 of 1 \\� O = CA)J W- \� z� x n \\ co �r ' �tnQ A �I n \ v r- n >D �CO Om r> t1 Q O-Z W :r ( tJ 4 :y : � .Z . rn. 0 Ln00 r Z o ± AZ' LO nl � W � y oIE D= _ Z a z N O N =., G� D LWy u 5. -- - - - -- — 22nd AVE. I �. AGENDA REQUEST FORM CITY OF DANIA BEACH i AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: MARCH 13,2000 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -ZONING APPEAL ZA-001-200 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Zoning appeal request by Lester Boggs AC& LP Corp. for property located at 1237 Stirling Road from site plan review. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report, Laurence Leeds, AICP, Director Growth Management Zoning Appeal Request Letter from Lester Boggs, AC LP Corp. Letter from Eileen G. Foody, Owner/ President of Bargia Company Public Hearing Notice & Location Map Landscape Plans (Attachment) 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Reviewed by Laurence Leeds,AICP, Director, Growth Management Department Submitted by: Laurence G. Leeds,AICP, Director Date 03/7/2000 Growth Management Department City Manager Date STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management RE: Appeal from Decision of Growth Management Director that Interior Renovation and Occupancy of Property Located at 1237 Stirling Road (Jabfer Trust Building) requires Site Plan Review Date: March 7, 2000 (March 13, 2000 City Commission Meeting) Applicant: Lester Boggs The Growth Management Department recently received a request for an occupational license ("O.L") at 1237 Stirling Road. The proposed use is described as a "wholesale jobber to the interior design industry for trimmings, tassels, and other fabrics." Based on the information supplied by the O.L. applicant (see attached letters), the proposed use appears consistent with both the existing County M-2 and proposed IROM zoning. The O.L. applicant also indicates that the business will receive daily deliveries and pickups from UPS and Fed Ex and periodic deliveries via common carriers such as Roadway. The property owner indicates interior renovations will be required for the proposed use. The building has been vacant for some time. The only exceptions to Site Plan Review are single family homes and additions less than 500 square feet. Interior renovations are not addressed. Historically, interior renovations which do not generate a need for additional parking have been processed administratively. However, the City Attorney advises me that in this particular situation, Site Plan Review is technically required for the new use because said use occupies an entire building which has yet to undergo Site Plan Review. Staff notified the applicant and applicant has chosen to appeal this decision. Generally, staff is hard pressed to recommend the granting of an appeal from the terms of the Zoning Code. However, in this particular situation, staff will support an appeal subject to the applicant addressing the physical appearance of the building and site from the street. Applicant has submitted a landscape plan and has agreed to various other conditions relating to dumpster location, code enforcement, and landscaping. Boggsappea1.001.doc STAFF RECOMMENDATION Approval of the applicant's appeal, subject to applicant addressing the following issues prior to issuance of a certificate of occupancy: 1) Landscaping as per the submitted plan (dated 3/5/00), subject to modifications necessary to accommodate existing septic field and overhead power lines. 2) Parking areas along Stirling Road to be thoroughly cleaned of all weeds, debris, etc. 3) Dumpster/Trash receptacles to be prohibited in the front yard. 4) Undeveloped portion of the site to be cleared of all weeds, tall grass, undergrowth (if applicable) and miscellaneous material (i.e. tires, machinery parts, etc.) pursuant to the Cite Code and Zoning Code. 5) Redevelopment of the remainder of the site to require Site Plan Review.