HomeMy WebLinkAboutR-2000-166 RESOLUTION NO. 2000-166
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY
ALEX MEDINA, SR., IMPORT EXPORT LIVESTOCK CORPORATION, D/B/A
ALEX'S FLAMINGO GROVES, FROM CHAPTER 28, ARTICLE 6.21 OFF
STREET PARKING, FOR PROPERTY LOCATED AT 222 AND 236 NORTH
FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Article 6.21, sets the Off
Street Parking requirements for the City of Dania Beach; and
WHEREAS, Alex Medina, Sr., Import Export Livestock Corporation, D/B/AAlex's Flamingo
Groves has applied for a variance (VA-44a-00) to allow for a reduction of up to 50 of the required
130 parking spaces as required by the off street parking requirements for property located at 222
and 236 North Federal Hwy., Dania Beach; and
WHEREAS, the Planning &Zoning Board on August 16, 2000, recommended that the City
Commission grant variance request VA-44a-00 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 certain application VA-44a-00, for a variance as described above (from
requirements in Chapter 28, Article 6.21 Off Street parking), a copy of which is attached as Exhibit
"A" is approved with the following conditions: 1)Applicant to permit no more than 4,200 square feet
of retail floor area to be open after 6:00 p.m.; 2) Church to apply for and obtain an occupational
license prior to issuance of a "certificate of occupancy" for the six dwelling units; 3) Applicant to
close Shell City retail store at 6:00 p.m.; 4) Petitioner will continue to maintain the existing play
area.
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repealed to the extent of such conflict.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
r-Alexs -va-44a-00.doc 1 RESOLUTION NO.2000-166
and adoption.
• PASSED AND ADOPTED THIS 24T" DAY OF OCTOBER, 2000.
MA OR —COMj' SSIONER
ROLL CALL:
ATTEST: MAYOR MCELYEA- YES
VICE-MAYOR BERTINO-YES
0 COMMISSIONER CALI-ABSENT
SHERYL H PMAN COMMISSIONER ETLING-YES
ACTING CITY CLERK COMMISSIONER MIKES-YES
APPROVED AS TO FORM A D CORRECTNESS:
By: I 1/lJ n
THOMAS J./AN'SBRd
CITY ATTORNEY
•
r-Alexs -va-44a-00.doc 2 RESOLUTION NO.2000-166
APPLICATION NUMBER: �����°
CITY OF DANIA BEACH E G E Q
()C) 100 WEST DANIA BEACH BLVD.
"7 1 DANIA BEACH, FL 33004
. (954) 921-8700 X262 240�
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.
Import-Export Livestock Corporation
NAME OF APPLICANT: d/b/a Alex' s Flamingo Groves hone: 921-7600
ADDRESS OF APPLICANT:236 North Federal Highway Fax:
PROPERTY INTEREST OF APPLICANT: owner
NAME AND ADDRESS OF PROPERTY OWNER: same
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached deed
222 and 236 North Federal Highway, Dania Beach, Florida 33004
PRESENT ZONING: C3 LOT SIZE/AREA:
PRESENT/ PROPOSED USE OF PROPERTY: Present use is commercial containing
4 apartment units thereon
DESCRIPTION OF VARIANCE (S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
• Please see attached statement
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT,ATTORNEY):
Gene Beeber , 920-5271 Harry Hipler, 925-8228
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.
Please see attached
4
2) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
Please see attached
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.
Please see attached
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.
Please see attached
5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
Please see attached
• 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.
Please see attached
-) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request.
Please see attached
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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 also: authorized the undersigned petitioner
to make and file this application for var nce"
NATURE CYV APPLICANT
STATE OF FLORIDA
COUNTY OF BROWARD
� .
The forgoing instrument was ac ovule ed b fore me on V � �' ,�-999 by
• tt
as [title] S or Pro;duced
Florida Corporation, who is ersonally own to me,
as identift ation.
ti HARRY M.HIPLER My Commission Expires: MY COMMISSION CC 851869
EXPIRES:November 1,200S
11f t:� Bonded Thru Notary Publk under**rs
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. r
S1 NATURE OF OWNER
STATE OF FLORIDA
COUNTY OF BROWARD � n
The forgoing instrument was ac 99wie d re me on �B89-ley
rr �) as[title] 1l5� � A for[name of entity)
t_Y - for I n to r produced V
as identificatio HARRYM. IPLER �—
MY COMMISSION#CC 851 9
My Commission Expires' 'a' o: EXPIRES:November 1,2
Bonded Thru Notary Public Underwmers N OT U B L
t_ U
Check list for Planning Dept.: Plan Fee Survey
6
Alex's Flamingo Groves 2
Re: Import-Export Corporation, dba Alex's Flamingo Groves
1, 2, 3, 4, 5, 6, 7
The applicant requests that the status quo be maintained for parking spaces and that no additional
parking spaces are necessary on the subject real property. The subject real property contains
several retail shops and a church and four apartment units. The retail shops include: Obsession
Water Sports(Surf Shop), which is open from 10:00 am to 6:00 pm each day. Tai Kwon Do is
open during the late afternoon or evenings two or three times per week. Alex's is open seven
days a week 9:30 am to 6:00 pm. The church's congregation has meetings or services one or two
evenings per week after 6:00 p.m. (when the retail business' are already closed) and on Sunday
mornings beginning at around 10:00 am to 11:30 am or noon for Sunday services. The church
and retail shops are not open all at the same time.
The city has requested in correspondence that although the city code requires 130 parking spaces
(according to the city there are 47 parking space deficiencies), the applicant believes that there is
no need to require 130 spaces on the subject real property since the retail shops are open at
• different times than the church, they are not open at the same time, and they do not compete with
each other as all are separate types of businesses and enterprises.
The subject real property has retail shops, a church, and four apartment units, which it has always
had and which are unique to the instant real property. Special conditions exist in that the retail
shops are open at different times than the church, therefore, there is no need to require 130
parking spaces since the church and the retail shops will not all be open at the same time. The
request for variance is not the result of the actions of the owner; instead, the subject businesses
and the church are open at separate times and all will not be open at the same times. Further, the
instant real property is zoned commercial and contains four apartment units; and the instant real
property is the same as the subject adjacent and nearby real properties which are also zoned as
commercial and residential. The subject real property is also consistent with and in harmony with
the subject and adjacent properties.
It is acceptable to the applicant to have the minimum variance acceptable to the city and applicant,
so that it may make a reasonable use of the land and buildings thereon. This may be accomplished
because the retail shops and church do not compete with each other; all of them do not attract
persons onto the property and at the same times; all are not open at the same times.
The applicant will be pleased to work with the city in this matter and would ask the city to
maintain the status quo and consider the above.
•
,ME: 08:55 AM TO: FL-010-2000-07921502-0713854-Ob A 9258299 PAGE: 003-003
FL-00-79215-2 07/13/2000 08:54:19am Page 1 of 1
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74 Quit-GaW Bud, r--ssewed lhl, 12 day of January A.n_19 03 ,by
ARARL MEDINA and CONNIF. tV-nINA, his wife,
lfnl Palley.to IMPORT-EXPORT LIVESTOCX CORPORATION,
II
f whas.Pwlvi/tevaddmiis 234 North Federal Hinhway, Dania, Florida 33004,
II( ,rrond Pa,y:
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I In she('eoniy of Broward $ale of Florida eo udl:
y Lots 1. 2, 3 and 4. LPSR the Nest 24 feet thereof of
COCOANUT HILL, according to the plat thereof, recorded
in Plat Book "B", at Pacia 115, of the Public Records of
�1 Dodo County, Floriday AND beninning 230 foot North of
i. the 5013thwett corner ur Uic Slit. of the NR4 oC :section 34,
Townshin 5o South, Rancle 42 Rnet, thence running North c
S 10D footi thence East 315 foot, thence South 1t10 feet, f
;i thence goat 315 feet to the place of beginninn; I,YSS m
the Nest 24 foot thereof; Raid lands situate, lyinq and
being in Brovard County, Florida. y
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�i ARARL MEDI4A and CONNIE MEDINA, husband and wife, (n
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brae,ea tbst they ence,nd the sses,. -•+
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S U N — S E N T I N E L
• PU3LISHED DAILY
FO?T LAUDERDALE, FROWARD COUNTY. FLORIDA NOTICE
OF PUBLIC HEARING
OF DANA
O C A R A T C N. PALM BEACH C O U N T Y r FLORIDA NOTICE IS HEREBY GIVEN that a public hearing will be
held before the Dania Beach City Commission on Tuesday,
`1 i A M I i D A D F COUNTY, FLORIDA October 24, 2000 at 7:30 PM, or as soon thereafter as
possible,in the Dania Beach City Commission Room,Ad-
ministrative Center, 100 West Dania Beach Blvd., Dania
Beach,Florida 33004,for the purpose of hearing any corn
STATE O F F L O R I ments which might be made to the following requests:
COUNTY OF 811 R O W ARD/P A L M tS F A C H/D A R E VA-44a-00-Request by Alex Medina Sr., Import Export
Livestock Corporation,d/b/a Alex's Flamingo Groves,for
3 L F G;? E THE U !t� ?SIGNED AUTHORITY 'f R S O N A L L Y APPEAR E ja variance approval to waive up to 50 of the required 130
parking spaces at 222 and 236 North Federal Hwy.,Dania
Beach; and
dl. 0 s SE-44-00-Request by Alex Medina Sr., Import Export
.
i i i . WHO Cr N OATH SAYS THAT Livestock Corporation,d/b/a Alex's Flamingo Groves,for
h t I S fi E IS A D U L Y A U T H O R i E D ouselesel22padv26rthFraIIydDa a i h us exception
Noedel Hw
CLASSIFIED DEPARTMENT OF THE SUN—SENTINELr DAILY Beach.
Le tnreI ofsocautlaod less the
etNEWSPAPER DU3LISHED IN 3ROWARDIPALM BEACH/ DADS COLNTeoCont Lots
ccr ,g o the plat west
hreo
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT,► EEIlIRecorrdsofnDadeCounty,Book Florida and beg'inning2 o eet
North of the Southwest corner of the SW Y4 of the NE 1/4 of
Section 34, 100 feet;thence East 315 feet;thence South
100 feet,thence West 315 feet to the place of beginning;
It 0 T I C E OF PUBLIC HEARING Less the West 24 feet thereof;said lands situate,lying and
being In Broward County, Florida.
SE-36-00-Special excepption request by John Abdo,Presi-
I N THE MATTER OF dent of Heartwood 90,tnc.and the Budget Group,Inc.to
allow a'Budget Rent-a-Car'facility in an IRO zoning dis-
trict as described in Chapter 28 Article 16.40, Special
�/A— r +A—0 e Exception Uses.Property located between NE 7th Avenue
and NE 12th Avenue,North of Taylor Rd.and South of Eller
Drive.
Legally,described: All of Parcel 'A', James Bond Plat,
according to the plat thereof as recorded in Plat Book 136,
IN T H E C I RC S I T C C U R T s WAS P U B L I S H E D IN SAID N E W S P A P E R Page 34 of the Public Records of Broward County,Florida.
THE ISSUES OF Said lands situate in City of Dania and containing 189,438
r ♦ 7 I �y i 1 X square feet (4.349 acres) more or less.
Copies of the proposed petition are available for viewing In
the Growth Management Department, 100 West Dania
Beach Blvd., Dania Beach, Florida
between
betwe e n the
hours of
9264fomenomainerstpI call 9AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A 4- 5rr or ifrto Int edpartamay54)
- ap-
pearproposed tBaring and be heard with respect to theN PAPER PUBLISHED IN SAID BROWARD/PALM EEACH/DADS 1 petion
CTYi FLORIDA,F L O R I D A r AND THAT THE SAID N E W S P A F E R HAS H ERE to accordance with the Americans With Disabilities Act,
l pre dctact he an these CONTINUOUSLY PU9LISHED IN SAID BROWARD/PALM E E ACIocedings needing
on to participate
Chapma Adminra
eahe35 tst ach l Dania
COUNTY,r FLORIDA. EACH DAY., AND HAS SEEN ENTERED A S SE Beach,FL 3004,(94j 924-60,Dania
lea72 hours Blvd, to
CLASS MATTER AT THE POST OFFICE IA FORT LAUDERDALE, Casting.
Any person who decides to appeal any decision made by
E R O W A R D COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR N E X'the City Commission with regard to any matter considered
at this meeting or hearing will need a record of the pro-
P R E C E D I N G THE FIRST PUBLICATION OF THE ATTACHED C O P Y 'verbatim record ofthe proceedings is made°,whioh record
ADVERTISEMENT: AND A F F I A N T FURTHER SAYS THAT HE/SHE H I includes the testimony and evidence upon which the ap-
peal is to based.
NEITHER PAID NOR PROP'IISED ANY PER SON, FIRM OR CORF0RA'. PlanningTechni ianm
ANY DISCOUNT, REBATE., COMMISSION OR REFUND FOR THE pUlOctober13, 2000
Of SECUR71NG THIS ADVERTISEMENT FOR PUBLICATION IN SAID
NEWSPAPER.
(10 A
a a i . v . .. . a a . . i i . a .. . . .. a . .. .
( SIGNATURE OF AFFIANT)
SWORN TO AND SU3SCRIBED BEFORE ME
THIS '13DAY OF OCTOBER
A. D. 2000
(SIGNATURE OF N)TARY PUBLIC)
7a a L. bezak
p_ tolssim H CC638935 EXPIRES
July 20.2001
a . . m . a . i • FAIN INSURANCE.iN(,,.
( NAME OF NOTARY TYPED, PR ICED OR STAMPED )
PERSONALLY KNOWN . . . . . . . . . . OR
PRODUCED IDENTIFICATION . . . . . . a . . . .. . . . . .
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
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457
AGENDA ITEM NO. •
1. DATE OF COMMISSION MEETING: 10/24/00
2. DESCRIPTION OF AGENDA ITEM: VA-44A-00 - REQUEST BY ALEX MEDINA,
SR., IMPORT EXPORT LIVESTOCK CORPORATION, D/B/A ALEX'S FLAMINGO
GROVES, FOR A VARIANCE APPROVAL TO WAIVE UP TO 50 OF THE REQUIRED 130
PARKING SPACES AT 222 AND 236 NORTH FEDERAL HWY., DANIA BEACH.
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Resolution
Application
Location Map/ Public Hearing Notice/Mailing List
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
• 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board approved request at the August 16, 2000
regular meeting
Submitted by:
Laurence G. Leeds,AICP, Director Date 10/18/00
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Michael Smith
FROM: Laurence Leeds, AICP, Director
Growth Management Director
DATE: October 24, 2000 City Commission Meeting
APPLICANT: Alex's Flamingo Groves
REQUEST: VA-44A-00: Request to waive up to 50 of the required 130
parking spaces.
LOCATION: 222 and 236 North Federal Highway
The property is currently occupied by an existing shopping center containing
retail use, a martial arts facility, and a church. The Church operates on-site
accessory day care facility. The Church has not yet applied for an occupational
license (license required — no fee for non-profit).
• Based on the architect's plan, 130 spaces are required and 88 parking spaces
have been provided. The parking shortfall is due to the church, which requires
44% of the required parking (Church's are required to provide parking based on
the seating in the main assembly area).
The church holds services on the weekend and one or two nights a week. Staff
has not received any complaints regarding parking. During church services
(weeknights, weekends), a significant portion of the retail is closed.
STAFF RECOMMENDATION: Approval, subject to:
1) Applicant to permit no more than 4,200 square feet of retail floor area to
be open after 6:00 p.m.
2) Church to apply for and obtain an occupational license prior to issuance of
a "certificate of occupancy" for the six dwelling units.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION:
Approval subject to:
1) Applicant to close Shell City retail store at 6:00 p.m.
2) Church to apply for and obtain an occupational license prior to issuance of
a "certificate of occupancy" for the six dwelling units.
ALEX FLAMINGO SE and VA CC meeting.doc