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Home My WebLink AboutR-2000-068 RESOLUTION NO. 2000-068 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY LILY GLARENTZOS REPRESENTING JOHN'S AMOCO PROPERTY LOCATED AT 1554 SOUTH FEDERAL HWY., 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, Lily Glarentzos, representing John's Amoco, property located at 1554 South Federal Hwy., Dania Beach, has requested a zoning appeal of the decision of the Growth Management Director's determination that the special exception procedure must be followed for "on-site preparation of ready to consume food" at the gas station located at 1554 South Federal Hwy., Dania Beach, Florida; 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 April 24, 2000 (ZA-003-00)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 deletion of"take out" window on the construction floor plans; Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2000-068 • Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 9th DAY OF May, 2000. MAYOR - CO ISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SHERYL CHAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI - YES COMMISSIONER MIKES- NO APPROVED AS TO FORM AND CORRECTNESS: BY: ', TH M S . ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2000-068 NOTICE OF PUBLIC HEARING • BY THE DANIA BEACH CITY COMMISSION REGARDING THE FOLLOWING ZONING APPEAL Notice is hereby given of an appeal requested by Lily Glarentzos, representing "Johns Amoco Gas Station" located at 1554 South Federal Hwy., Dania Beach, Florida, from the decision made by the Growth Management Director on April 17, 2000, where it was determined that the special exception procedure must be followed for "on-site preparation of ready to consume food" at the gas station located at 1554 South Federal Hwy., Dania Beach, Florida. The Dania Beach City Commission will hear this appeal on Tuesday, May 9, 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. zo'� _.. 6 i I_f'A.'I1 taIt y ,e t36.2 Lk(�bt ij'.E;�JWM M�A C�,R=—.•''�;I ;"a2 51!I � SCHOOL =E zth =T Maileda u�� i:01� ; 111\45 I. {to I SE '3th '= R. Ma` �-,- ., ,.nth ., . � .t � 300 2I to ST., JiAMES ,P44E3tKl soi_ I ,,2 SHERIDAI • r NORTH', 2 (3-i33 )!2 12� ', = f 71�is Sli4e I 2 svf NOTICE OF S U N — S. E •N T I N E L PUBLIC HEARING BY THE DANIA BEACH PUBLISHED DAILY CITY COMMISSION REGARDING THE FORT LAUDERDALEe BROWARD COUNTY. FLORIDA FOLLOWING ZONING BOCA RATON, ' PALM BEACH COUNTYP FLORIDA APPEAL 0 Notice is hereby given of' M I A M I/ D A D E C O U N T Y o FLORIDA G i appeal requested by Lily arentzos, representing; 'John's Amoco Gas Sta- tion'located at 1554 South T A T E O F FLORIDA Federal Hwy., Dania Beach, Florida, from the decision 'OUNTY OF BROWARD/PALM BEACH/DADE- made by the Growth Man- agement Director on April 8EFORE T UNDERSIGN AUTHORITY PERSONALLY APPEARED te�minned' tiatrthe special. exception procedure must' 01 be.a a o.a• o o• preparation followed f for 'on-siteco - .WHO , ON OATH- SAYS THAT preparation of ready to con- sume food' at the gas sta- IE/SHE S A DULY: A U T H I Z E D REPRESENTATIVE OF THE tion located at 1554 South :LASSIFIED DEPARTMEN F THE SUN-SENTINELr DAILY . Federal Hwy.. Beach, IEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUNTYi The Dania Beach City Com- =LORIDA THAT THE ATTACHED COPY OF ADVERTISEMENTr. EEING A. onTu slay,ll hear ooar, on Tuesday,May 9,2000 at 7:30 PM or as soon there- after, In the City commis-; Sion of the 4 0 T I C E OF PUBLIC HEARING Dania MeetinBeach Cittye Hall, 100.1 West Dania Beach Blvd.,' Dania Beach Florida. IN THE MATTER 0 F iAll interested parties may appear at said meeting and be heard with respect to the J O HN p S, AMO C0 G S proposed petition(s).Copies of the proposed petition are available for viewing In the i IN THE CIRCUIT COURTi WAS PUBLISHED IN SAID NEWSPAPER If1 Growth Management De- " ` partment, too West Dania Beach Blvd., Dania Beach;', THE ISSUES OF ;Florida between the hours of 8:00C . 0 4/2 8 o 1 X 40020210 Monday-Friday:Interested' j parties may appear at the public hearing and be heard' AFFIANT FURTHER SAYS THAT THE SAID SUN--SENTINEL IS A with respect to the pro- posed petition. NEWSPAPER PUBLISHED IN SAID BROWARD/PALM EEACH/DADE In accordance with thel si CO Y/ FLORIDAf AND THAT THE SAID NEWSPAPER HAS HERETOFORE I Americans With needing persons nele�ding assis- BE CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/CADS oimeseprroeedinisshould COUNTYP fLORIDA. EACH DAYt AND HAS BEEN ENTERED AS SECOND � contact Sheryl Chapman,' I Administrative Services Di CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALEP- IN SAID ; rector, 100W.Dania Beach ch Blvd, Dania Beach, FIL BROWARD COUNTY. FLORIDAr FOR A PERIOD OF ONE YEAR NEXT = 33004, (s54) 924-3630, at PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COPY OF r least 7 hours prior to meeting. ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE_ HAS. Any person who decides to , ecision NEITHER PAID NOR PROMISED ANY PERSON/ FIRM OR CORFORATICN appeal by the Can dmmissi made ; Commission with ANY DISCOUNT; REBATE; COMMISSION OR REFUND FOR THE PURPOSE regard to any matter con sidered at this meeting or heaOF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID the proceedings ceedin s and dor ' the proceedings and for such purpose may need to NEWSPAPER. ensure that a verbatim re- cord of the proceedings is made, which record in- cludes the testimony and evidence upon which the`', appeal Is to based. . . . . a . • •• • • • • ••• • • •• •• • • Apr1128,-2000 (SIGNA ®RE OF AFFIat T) "SWORN TO . AND SUBSCRIBED BEFORE ME THIS 28 DAY OF APRIL A. D. 2000 • o .a o a .. s . a a " O�f`.Yea. . i'a . . • • (/ '•,z Tara L.Bezak (SIGNATURE OF NOTARY PUBLIC) / MY COMMISSION A CC638935 EXPIRES July 20,2001 BONDED THRU TROY FAIN INSURANCE,INC ♦ . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . ... . OF NOTARY TYPEDe PRINT OR STAMPED ) PERSONALLY. KNOWN . . .. . . . . . .. . . . . . . . . . . OR PRODUCED IDENTIFICATION . . . . . . . . . . . . . . . . . AGENDA REQUEST FORM CITY OF DANIA BEACH ,IMF AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 9, 2000 2. DESCRIPTION OF AGENDA ITEM: ZA-003-00 ZONING APPEAL REQUEST Lily Glarentzos, representing John's Amoco 1554 south Federal Hwy. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Zoning Appeal from the Growth Management Director's determination that the special exception procedure must be followed for "on-site preparation of ready to consume food" at the gas station located at 1554 South Federal Hwy., Dania Beach, Florida. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): STAFF MEMORANDUM RESOLUTION PUBLIC HEARING NOTICE PLANS • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Staff review Submitted by: Laurence G. Leeds, AICP, Director Date 04/26/2000 Growth Management Department City Manager Date CITY OF DANIA BEACH • INTER-OFFICE MEMORANDUM TO: Michael Smith City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Zoning Appeal: John's Amoco, located at the northwest corner of of Sheridan Street and U.S. 1 DATE: May 5, 2000 (City Commission Meeting of May 9, 2000) The applicant is appealing the Growth Management Director's determination that the special exception procedure should be followed in order to approve the "on-site preparation of ready-to-consume food" at the proposed convenience store/gas station. The applicant obtained site plan and variance approval on April 13, 1999, to construct a convenience food store and car wash at the site of the Amoco Station at Sheridan • Street and U.S. 1. Last month, the station owner submitted construction floor plans for the station. The drawings indicate a portion of the convenience store is devoted to a sandwich preparation area. The Zoning Code indicates that on-site preparation of ready-to- consume food requires "special use approval" (not special exception approval). The City Attorney indicates that the there is sufficient ambiguity in this language to support applicant's appeal. The presence of the in-store deli does not affect parking requirements as long as there the operation is "take-out" only and there is no consumption of food (either inside or outside) on the premises. Staff is concerned about the service window which would allow food to be sold directly to persons standing outside the store. Staff would prefer that that all sales activity take place within the store so as to not to encourage eating and drinking within the parking lot by persons who have not driven to the convenience store. RECOMMENDATION Approval of applicant's appeal, subject to deletion of the "take out" window. AM000050400.doc