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Home My WebLink AboutR-2000-099 RESOLUTION NO. 2000-099 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY THOMAS DOAN, FOR PROPERTY LOCATED AT 205 SE 3RD AVENUE, 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, Thomas Doan, for property located at 205 SE Td Avenue, Dania Beach, has requested a zoning appeal of the decision of Growth Management Director on May 16, 2000, where it was determined that the storage and parking of commercial limousines in a residential • single family (RS-6000) zoned district is not a permitted use under Chapter 28, Section 4.20, schedule of use regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application letter dated May 16, 2000 (ZA-005-00)for a zoning appeal request, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved with conditions: 1) Stretch Limousines permitted only in rear yards having alley access (vehicles prohibited in front yard or exterior side yard); 2) Stretch Limousines permitted only in paved driveway areas (only one stretch limousine permitted per single family or duplex zoned parcel; stretch "cab" trucks prohibited); 3) Stretch Limousines must be setback at least 5' from the alley right-of- way line. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. r-za-005-00 doan.doc 1 RESOLUTION NO. 2000- 099 • Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 27T" DAY OF JUNE, 2000. C.K. MCELY MAYOR - COMMISSIONER ATTEST: ROLL CALL: J� MAYOR McELYEA - YES �!— VICE-MAYOR BERTINO- YES SHERYL HAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER MIKES- YES COMMISSIONER CALI-ABSENT APPROVED AS TO FO M AND CORRECTNESS: BY: TH MAS . ANSBRO ® CITY ATTORNEY r-za-005-00 doan.doc 2 RESOLUTION NO. 2000- 099 �p��.LNOTICE laaat 72 hours prior to, gjai 7WE"DAN BEACH go who decides CITYC06AAAIBSB i +rydeelsiom L01M ING THE FOt, lty Commis-wqk -. d'to artymat- s ;at this meet- ZA-=0qtf 0 , c. ZON�N.( m0 or hedit,MU need.a APPEAL i.given r,i- proceedings Notks Ib fnereby 9wen'of(eCord of the an appeal"requested byy and for such ptrrpoae may Thomas E.- 208 S1 n�to ensure that a verbs- �- thn record of the roceed- da,hom the decision made Inge Is made; which record byy the Growth Management InGudes the teagmony and Olrector on.May 16,.2000, evidence upon which the where It wee.determined appeal Is to based. that the�stora a and parking .16, � a resldentlaU,limousines py NOTICE OF LANDOWN- (RS-80001,2oned district Is ,I,IE S MEETING not a.permitted use under Walnut.Creek Chapter.-28,:Section 4.20. CommurW Development schedule otuse.regulation6::District.. The-�Danla::Beach City ..Notice is hereby given to Commlosim.WM-hi stir.thN all-landowners within the appeal-on-Tuesday,'June Walnut Creek Community 27,20OG at 7='pp m.or as Development District, for a�Ler I soon Vlore ,'fn the City lands generally described Commission.Meeting Room as being located at the ex- of the Dania Be" freme northeastern portion 'Hag,10MWest DarWf ol-tiro City of-Pembroke BN ll' t res Pines,.bounded on the A8lnbareated parttas may north by.Sheridan Street, appearall said mmeesstt��eepp end Aran the east by N.W. 72nd be heatd'wlth tespeet£o,tf�Av�ue on.the weer by Unl- pro poaad 1> sic Coples varsity Diive and on the Of the arapoasd pstltbn are South by Taft Street, con- available for viewing In the Ong.appro zlmately 227 Growth Management.De- e in Broward County, partMOM t00 Went'DaMa Florida, advising that a Beach Blvd., Dania Beach, meeting of landowners will Florida between the hours be held for the purpose of of`8:00 a,m:'and 4:00'p.m:, electing five supervisors. Monday-Friday.Interested Date: July 10, 2000 parties,mfy..appear'et the Time: 10,00 a.m. public and be-hoard Placer Ruden,.McClosky with respect to the pro- at al posed petition. 200 East Broward Mc•accardanoa.with the Boulevard AmerI0an*.,Y,_ fl,AleabdWrJs 16th Floor Act,-persons needing asale- Fort Lauderdale, Florida Ad" to �t(c�ate M array 'Each landowner may vote of.tt►eaepFoceed +ga shoWd In person or by written contact Sheryl kChapman, proxy.Proxy forms may be Administrative 3erWces DI- obtained upon request at rector;too W,Dania Beach the offices-of the District Blvd, Oanla Beach;:-FL Manager;10300.N. W. 11 33004,.(964)-.924_-UW; at Manor.Coral Springs,Rod- AGENDA REQUEST FORM CITY OF DANIA BEACH NE AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: 06/27/00 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - ZA-005-00 ZONING APPEAL REQUEST BY THOMAS E. DOAN, 205 SE 3RD AVE., DANIA BEACH, FLORIDA, FROM THE DECISION MADE BY THE GROWTH MANAGEMENT DIRECTOR ON MAY 16, 2000, WHERE IT WAS DETERMINED THAT THE STORAGE AND PARKING OF COMMERCIAL LIMOUSINES IN A RESIDENTIAL SINGLE FAMILY (RS-6000) ZONED DISTRICT IS NOT A PERMITTED USE UNDER CHAPTER 28, SECTION 4.20, SCHEDULE OF USE REGULATIONS. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff memorandum Resolution Request by Thomas Doan Survey of property Public Hearing Notice Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date 06/20/2000 Growth Management Department City Manager Date STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director RE: Appeal from the decision of the Growth Management Director that the parking of a limousine is a commercial business and therefore not permitted in a single family (RS-6000 - Property Located At 205 SE 3`d Avenue) Date: June 27, 2000 City Commission Meeting Applicant: Thomas E. Doan The subject parcel was cited in December 8, 1999 for the "storage and parking of a commercial limousine in a single family zoning district". The vehicle in question is a stretch limousine parked on a driveway in the rear yard of 205 SE 3rd Avenue. Access is via an alley leading from SE 3rd Avenue to the back of the house (see attached sketch). The vehicle is licensed with a business in another City. The City Attorney advised Code Enforcement staff that the registration of the limo with a "business" is the basis for the code • violation. The limousine has no lettering or identification and differs with a privately owned vehicle only in length. There is no precedent in Dania Beach for dealing with stretch limousines. The limo is parked in the proper location (in a paved driveway) and does not encroach into the alley. The vehicle appears to be well maintained and provides a better appearance than many smaller privately owned "non-commercial" cars and trucks. STAFF RECOMMENDATION Stretch limousines are traditional family sized sedans built on an extended frame. As such, the decision to permit stretch limousines is a policy issue to be determined by City Commission. If the Commission desires to permit these vehicles in single family and duplex residential areas, staff recommends that Stretch limousines ("vehicles"): 1) are permitted only in rear yards having alley access (vehicles prohibited in front yard or exterior side yard), 2) are permitted only in paved driveways areas (only one stretch limousine permitted per single family or duplex zoned parcel; stretch "cab" trucks prohibited), and 3) must be setback at least 5' from the alley right-of-way line. • U=062700.doc STONF_R&ASSOCIATES, Inc. 1222 N.University Drive SU a'F:n-;-PLANNERS (3051 37D-1880 .r.la,,nn.FL 33322 -- 'is.13051 370.1883 ..... .. :nr S.,uch 8:.50 ieec ei Lct; y .. . _. ._.rr_.. as • ::ion.. I. ...- ..- i� Plal EJar 36, Page 50, of the Pabl lc,ReIra- of B-. �.a•..r.:- lc S.E. 3rd Avanue, -::a, t':or:d.i, 33CO3 6?I.: i.....1.:1' shad hereon: is ...:aced .uhlr Flood :.coe ... ..i unr aril• ..,.r. 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