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Home My WebLink AboutR-2007-066 Assouline VA-13-07 RESOLUTION NO. 2007-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ERIC ASSOULINE,ESQUIRE, AND JACQUES AND RACHEL ASSOULINE,FROM CHAPTER 28,"ZONING", ARTICLE 28,"SIGNS",FOR PROPERTY LOCATED AT 213 EAST SHERIDAN STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28, "Signs", prescribes the signage regulations for businesses within the City of Dania Beach; and WHEREAS, property owners Eric Assouline, Esq., Jacques and Rachel Assouline are requesting a variance for the following: I. To allow two wall signs, one on the east building elevation and one on the west building elevation. (Chapter 28, "Zoning", Article 28.180, "Principal arterial commercial design standards overlay", allows only one sign on the south elevation); and 2. To allow two signs 38.5 square feet in area, for a total sign area of 77 square feet (Chapter 28,"Zoning";Article 28.180"Principal arterial commercial design standards overlay"allows a total sign area of 22 square feet); the property is located at 213 E. Sheridan Street, Dania Beach, Florida; and WHEREAS,the Planning&Zoning Board on March 21, 2007, recommended approval of the variance request with conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article 28, "Signs", Section 28.200 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, HE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-13-07, from requirements in Chapter 28, "Zoning", Article 28, "Signs", of the City Code of Ordinances is approved as follows: Variance is granted to allow one wall sign on both the east and west sides of the building; each wall sign shall not exceed 20 square feet in 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 and adoption. PASSED and ADOPTED on April 10, 2007. B A ON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FOB AND CORRECTNESS BY: THO AS J. N SBRO CITY ATTORNEY 2 RESOLUTION#2007-066 O.City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning w Date Rec'd: ❑ site Plan V 13 -a1 ❑ Special Exception Petition No.: ❑ Special Request ❑ Trafficway Waiver lit variance _......__;. ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings:' All projects must also obtain a building permit from the City's Building Department. Location Address: oZ 13 G o She r-�d a n SVree+, bt6kkf' QCh ��r F L- 3 3 W C/ Lot(s): �c217 Block: 3 Subdivision: Si- Janes pol✓� NO�I 3-3-3 less S 28 t=04LsT ST TAME5 PAW ND►�TN 3-33 B Recorded Plat Name: n p Folio Number(s): 5142'03.07• 070 Legal Description: ST JAMES PARK NORTH 3- 33 B 1.01" 19 & 20 LE: Gs S 28 FOR ST BLK 3 Applicant/Consultan egalRepresentative circle one) Eric N. Nsc%Iine S"---i— Address of Applicant, 314 9 N 3 9 S+ N I I4 WOOd , F L 12" 1 Business Telephone;15 y -cl a�-iI M Home: 9 S4-`�661- Soo I Fax: Rs 9 - U a- w G 6 Name of Property Owner: JACN0(T 5 _LLlld I\QChP I RSSOUIIne Address of Property Owner: IN-2S QUe" �dd2Ap� . 5-N Forest. Hp'I15/ Ny 11375 Business Telephone: � 24 � Home: . 03- 7I0-� WO Fax: 11- _' }, s;ze of buildiv�a Sigel Explanation of Request: �[4{YIgIdCz��l v 'I I '' Prop. Net Acreage: 1 Gross Acreage: �11 Prop, Square Footage: i 1 `t 5 Existing Use: al L Proposed Use: v l `l'ce I Is property owned individually, by a corporation, or a joint venture? ledlvldctR I understand that site plan and variance approval automatically exp res within 12 months of City Commission approval, pursuant o Ordina a No 2005-040. ^� I I 17,00-7 App cant/Owner signature Printbp Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before mer,� Applicant/Consultant/Representative: This day of 201 Signatu Date: I �1h007 Eric N. r Ssouliv�� Ig a of Not Public (Print Name) Sta e o ) �qk)q &Qb F1- 33oo(l Print Name of Notary Street Address, City, State and Zip Code Commission Ex ires: q,,;q. 1 g 2 . l g Ig l l[Sq ' 922. 002 Seal: p�yrywy� EMANUEL GALIMIDI Telephone No. & Fax N . MY COMMISSION 0 DD517.115 �aAeP E%►I RES: May 1,2010 IM11]W-0153 F[1 NaWy SaMn com INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner �of subject lands described above and that I have authorized (Applicant/Consultant/Representative) GfI C- � Ssobl(I V1? to make and file the aforesaid application, Sworn to and subscribed before me Owner: Jacy-t'S hklinU RRChi:I kcSoullne This _[J_day of\TgJfMAbr14 20 /� // ' ✓✓/ Signature: ...Q,..Q xlr.Q��r./ e(2cE_ Date: 1 t0 �Q«AtJeS TTSSOt��1?_ � �� SSOLLI(V�2 0 Ot u itC '� (PrintWarne) ^� State o ) I vmoel Galimid ► /oo-Zs ofpm% PJVd-�►�t��ll% Y ll37s Print Name of Notary Street Address, City, State and Zip Code' Commission Expires: 9.sy' 2Z2'/M & Seal: Telephone No. & Fax No. +,, EMANUEL GALIMIDI MY COMMISSION♦DD547335 nfpr Ao�p EXPIRES: May 1,2010 140715DBa153 F1MEa Nolan SaNc . ASSOULINE&BERLOWE, P.A. 213 East Sheridan Street,Suite 3 Dania Beach,Florida 33004-4607 Telephone:954-929-1899•Facsimile.954-922-6662 Miami-Dade Office Telephone: 305.567.5576•Facsimik: 305-567-9343 ji www.assoulineberlowe.com wl I �� I S 2 8 2�'U7 February 22, 2007 Via Hand Delivery City of Dania Beach Zoning Board Dania Beach, Florida Re: Criteria for Special Exception Variance for 213 E. Sheridan_Street Dear Zoning Board: This law firm represents Jacques &Rachel Assouline,the owners of 213 E. Sheridan Street,Dania Beach, Florida 33004, who are seeking a special exception for a variance to put a sign on the building. According to§10.10 of the Zoning Board Rules, the following criteria establish grounds for the special exception requested: 1. The use of the sign variance is permitted as a special exception use,with the board's approval. 2. The sign variance requested, if approved, will allow the sign on the side of the building to be more visible to patrons of the building, as well as fire, police, rescue, and other essential public services, since it will make the building easier to locate. In addition,the signage requested on the east and west side of the building is more visible to vehicular and pedestrian traffic because the building is so close to the road that it is difficult to see signage on the south side of the building, unless you are looking at a perpendicular angle from the road, which is dangerous for drivers. 3. The use will be compatible with the existing uses of this building and the uses of contiguous properties, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses and zoning. This is true because the building is already a commercial building in a series of three non-residential buildings, all along the southern border of Dania Beach. The building has an occupational license from the city and has been operating as a commercial building since it was built in 1986. The building next door to the west is new church,that also has signage and is of similar color and style to 5\WDO%VIPM'.MW IV 17131 DOC City of Dania Beach February 22,2007 Page 2 the subject building and on the next block is another multi-tenant commercial building. All three of these buildings are relatively similar in size, shape and color. The sign variance sought would only assist in identifying the subject building from the others and assist the buildings' patrons to tenants of the building. It should be noted that directly across the street, on the Hollywood side of Sheridan street, is another commercial establishment that also has proper prominent signage identifying the business by name, Hollywood Lincoln Mercury. In addition,the sign proposed identifies a professional office,which can only enhance the surrounding areas' property values, as compared to a business that may have degrading reputation. 4. The landscaping and screening requirements for the area are not effected by this proposed sign variance. The building will continue to maintain landscaping in accordance with this chapter. 5. Adequate parking will continue to be available for patrons of the building, as well as proper ingress and egress to cause minimal interference with traffic on abutting streets. 6. The use is consistent with the existing Comprehensive Plan. 7. The use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health,safety and welfare of the community. As stated above in Nos. 2 and 3, the variance requested would only benefit the area and not be inconsistent with the health, safety, and welfare of the community. 8. The use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. In fact, as stated above in Nos. 2 and 3, the variance requested would only benefit both vehicular and pedestrian traffic to more easily locate the building and its tenants. 9. The use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. 10. As stated above in Nos. 2 and 3, the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. 11.The use will not result in the creation of any noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. ASSouL NE&BERLow E,P.A. 213 East Sheridan Street•Suite 3•Dania Beach, Florida 33004-4607•Telephone:954-929-1899 •Facsimile: 954-922-6662 www.assoulineberiewe.com City of Dania Beach February 22, 2007 Page 3 12. The use will have no negative effect on existing public services and facilities. In fact, the sign proposed may assist fire,police, rescue, and other essential public services more easily find the building. 13. The use will provide additional visibility to fire,police, rescue,and other essential public services. Access to the property will not be affected. 14. The use is consistent with the definition of a special exception for a sign variance and will meet the standards and criteria of the zoning classification in which such uses is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code, otherwise adopted by the city commission. If you have any questions or need any other information, please do not hesitate to contact me. Thank you. Respectfully submitted, Eric N. Assouline Attorney for Landlords of 213 E. Sheridan Street AssouLINE&BERLowE,P.A. s�woor vrvw iwn Diu 21�ast S�'ienban�eet•Suite 3 •Dania Beach,Florida 39004-4607•Telephone:954-929-I899•Facsimile: 954-922- 6 62 www.assoulineberlowe.com i. r»t goRi°^ Boggs - Hutchiison SOOUv 01 Professional Su •ROff 55gNY NNO SVPv(YORS '"'-' LAND SURVEY CE9 .•�� _ • DANIA MANAGEMENT C01 WF vH LEGAL DESCRIPTION: LOTS 19 k 20, LESS THE SOUTH 28 FEET THEREOF IN BLOCK 3, OF st— ST. JAMES PARK NORTH' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 33, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, PROPERTY ADDRESS: I I. 213 E. SHERIDAN STREET DANIA, FLORIDA cEfzTIw TO; 1. DANIA MANAGEMENT CORPORATION I 2. BARNETT BANK OF BROWARD COUNTY, N.A. 3. GULF STREAM TITLE COMPANY 4, FIDELITY NATIONAL TITLE INSURANCE COMPANY SURVEYOR'S NOTE: W INFORMATION OBTAINED FROM Cltt OF DANIA F" ZONING - C-2 [n'I SETBACK RESTRICTIONS: FRONT = 10 FEET REAR =_10 FEET Z J,X��6 SIDE = 10 FEET ABBREVIATION LEGEND A.G. - AVERAGE GRADE (L — CENTERLINE LLJ I C.B.S. - CONCRETE BLOCK STRUCTURE = 'ONC.- CONCRETE lND. - FOUND A I - N.T.S. - NOT TO SCALE R(W - RIGHT OF WAY CF - CHAIN LINK FENCE L.B. - LICENSED BUSINESS B/W - BACK OF WALK WD - WOOD ^P — POWER POLE OHL — OVERHEAD LINE 0%S - OFFSETS - a OR — ORDINANCE PC — PAGE I ELEV - ELEVATION �M) - MEASURED P) - PLAT v y/ I- NItt NVMBEP PANEL NUMBER SUFFIF (IAiE OF FIRM INDEX FIRM ZQYE M3EfI0QOEIEVAT0N lGwf-irflx5» NMaf rfppR Flo]^[fEVntN)N I.FVI.NOx '.Cb3sf o309 B�/S-9z AE 6" B'z7A -�- NOTES 1 hereby certify that 1 have made a recent survey of the above (IONS described property,and It Is true and correct to the best of m IF knowledge and belief. I also certify that there are no above ground -.--- -- _ ___: encroachmenta,uniesa otherwlae noted. I further c0ty that t?,ae survey represented hereon meets the MINIMUM TECHNICAL rgrourd locations and/or underground STANDARDS adopted by the Florida Board of Land Surveyors, In achments, If any, are not shown unless otherwise Chapter 61G17-6 of the Florida Administrative Code,pursuant to led. Section 472,027,Florida Statutes. survey was not abstracted for easements and/or -L- )I w- record. Dated this� day of 19 9S A.D. ❑lo re relative to National Geodellc Vertical :lot 1 y29 and are shown thus: unark: �Cc.i> 1> P�WZ/ OG tinFn mhP c,NE. *-3 F_ S 161C1, ,4A/ S7.aF.n Elevation; ed On: Zj' e ✓ r DALES.HUTCHISON Reg. Surveyor No. 3823 1 by:�/6Checked by:5; Scale 1' = Zp,' State or Florda iAssociates, 1 ,7c. 2411 Hollywood Blvd. /eyors Hollywood. Florida 33020 Phone (305)922 4579 FIEO TO: s 'c IN e FNO. PIN k LOT 18 NORTH FNO o.ms,B.e'n IPE CAP L.B, 1515 -- 0.2'S,P0.1'N' �12' 2 lk+O lat „ 22.5 o. I 0 ai-S,,151 w K as[ 7 I I I 6P I ) 6 I U1W 6lSM 8 ]vAE,l Mu ptV.-7 I. I �a I A S P H A I.T P A R K I N G 9,201 CILM w ;o',j LOT 19 mn =td a N 5• LOT 20 i alOv (j z i I I , u OR F1841.. PG OR t1a11. PC 796 STORY C.B.S. s I x COMMERCUAL BUILDING 2e' 5.B0' EA9t ENE P J ASSECTIONALI I Ij -0 PER OATA `-EAR UME BLOCK ] A FNO. PIN & PER PUT MRroll TAP 1-8. 1513 FM). FIN 8 GAP Le. gsls W ZwD Z < S.E. 15TH STREET Z it IY 1] 14 ,5 la 1] la ''19,• 9.' N SHERIDAN STREET- LOCATION CH ;.,. .� N.T.S. I -A