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Home My WebLink AboutR-2007-106 Dania Outdoor Storage Variance RESOLUTION NO. 2007-106 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, LANDSCAPE ARCHITECT WITH CRAVEN THOMPSON&ASSOCIATES REPRESENTING STEPHEN ST. CLAIR, PROPERTY OWNER OF "DANIA BEACH OUTDOOR STORAGE", FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND FENCES", FOR PROPERTY LOCATED AT 375 NW 9T" AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances, Chapter 28, "Zoning",Article 5.60,sets the regulations for walls, fences and hedges in the City of Dania Beach; and WHEREAS, Mark Kieser, landscape architect with Craven Thompson & Associates representing Stephen St. Clair property owner of"Dania Beach Outdoor Storage"has applied for a variance(V A-25-07)to allow for the installation of 12"of barbed wire on top of an existing eight(8) foot fence, for property located at 375 NW 9`h Avenue, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 16, 2007, recommended that the City Commission grant variance request VA-25-07, 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 that certain application VA-25-07,for a variance as described above from requirements in Chapter 28, "Zoning", Article 5.60, "Walls, Fences and Hedges", of the City of Dania Beach Code of Ordinances, a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved with the following condition: 1) that the applicant provides a letter from the US Border Protection stating barbed wire is necessary. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 June 12, 2007. AdA44— BOB ANTO MAYOR—COMMISSIONER ATTEST: i LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM AND CORRECTNESS: BY: -) /I THO A BRO CITY ATTORNEY 2 RESOLUTION#2007-106 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-364S General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat w t ,ay �r 11 3 hrq ❑ Plat Delegation Request ❑ Rezoning i .. Date Rec'd: o�l ❑ site Plan L APR 2 S 2007 \ ' ElSpecial Exception Petition No.: V ATas-b� ❑ Special Request d r s u ❑ Trafficway Waiver 9 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 fad 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: N/A Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: N/A Folio Number(s): 5042 3400 0220 Legal Description: See Exhibit 'A' Applicant/Consultant/Legal Representative (circle one) Mark Kieser Address of Applicant: 3563 N.W. 53rd Street, Fort Lauderdale, Florida 33309 Business Telephone: (954) 739-6400 Home: N/A Fax: (954) 739-6409 Name of Property Owner: Dania Beach Outdoor Storage, Inc. Address of Property Owner: 901 Old Griffin Road, Dania Beach, Florida 33004 Business Telephone: (954) 920-7275 Home: N/A Fax: (954) 925-2148 Explanation of Request: Variance Request for a 3-Strand Barbed Wire Fence added to the Wall and Perimeter Fence Prop. Net Acreage: +/- 5.7 Ac. Gross Acreage: +/-5.7 Ac.Prop. Square Footage: 246,695 Sq. Ft. Existing Use: Outdoor Storage Proposed Use: Outdoor Storage Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 months of aw Commlsslon approval, pursuant to Ordinance No. 2005-040. �!rP/JE 9 .GL6"�L �R�L � G7 lApplf / n Print Naer signature me bate APPLWANTr CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applkant/Comultant/Represmtative: This LO ` day of I, OT 201 — Signature: Date: 4- '2LG d-Z Sig4 Name ofy Mary Public (Print Name) State Print Name of N tary / Street Address,City, State and Zip Code Cokslon aMeEaYiNOMAe Telephone No. &Fax No. My COMMISSION r DD 353873 EXPIRES:SepM U'62008 eo.wrr Tna Hmir Wert yMirM' INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Appicant/ConsultanURevwentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This--day of_ ___... _20_ Signature: Date:, FS n Name o�otary Public (Print Name) tate of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. rye IGMBMYTHOMAS ,Y MY COMMISSION rD0353673 EXPIRES:Seplefter 8,2000 Ba W Thy Ndrf/Pub UnbnwMM CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation is the owner of subject lands described above and that L as a duty authorized officer, have authorized (Apgicant/ConsUtant/Represenronve) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This b m day of Y—'—206 2 Signature: Date: A�PJL by, "TG:)E fz (Print Name) Name tary P b (Print Title) State of( G/,,.;15 ) I 9oi Dco c��t�F�c� 26AD 04NA 121CC.N Fl- Print Name of/Notary — Street Address,City, State and Zip Code -3> S] Commission Expires: �� 95,4 gZb72--74 VJ 9z5-2-4ckG F Seal: Telephone No.&Fax No. ,f rc n IOMBERY THO M8 My COMMISSION t DD 36%73 ... EXPIRES:Sep a.2009 X LTARIZED SIGNATURE: This is to certify that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/CorsUtant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of. 20— Signature: Date: (Print Name)** 4Tsn Name of-A-0tary Public ,State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. April 24, 2007 Mr. Corinne Lajoie City of Dania Beach, City Hall 100 West Dania Beach Boulevard Dania Beach,FL 33004 APR 2 S i00� RE: DANIA BEACH OUTDOOR STORAGE ` 9 saszte Criteria Statement L f �'ea:, I CTA Proiect No. 07-0051 Dear Ms.Lajoie: The Dania Beach Outdoor Storage facility was recently completed and is being leased out by Dania Beach Outdoor Storage Inc. to the South Florida Auto Terminal. South Florida Auto Terminal currently has a 10 acre facility in Port Everglades, which has been granted Foreign Trade Zone status by US Customs CRAWEN 1HOMPSON and Border Protection. South Florida Auto Terminal intends to do the same with the Dania Beach Outdoor Storage Facility. In order to do so, USCBP (US Customs and Border Protection) requires that they install an additional 3-strand barb wire at a 45' angle facing out wards to the top of all the fences and walls, cir with a 3-strand barb wire spaced vertically on all gates. The applicant seeks a variance relating to the wall. The applicant request the addition of a 3 strand barb wire at a 45' angle facing out wards. The applicant &ASSOCIATES INC also requests that a 3 strand barb wire at a 451 angle facing out wards be added to the top of all the fences, with a 3-strand barb wire spaced vertically on all gates. ogineers Planners Surveyors VARIANCE REQUEST a) That 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; Dania Beach Outdoor Storage Inc. intends to lease out the property for a use that requires USCBP (US Customs and Border Protection) approval. This is a special condition that is not necessarily applicable to other lands, structures or buildings in the same zoning district. b) That the special conditions and circumstances do not result from the actions of the applicant. It is the applicant's opinion that the conditions and circumstances do not result from his actions, rather it results from his right to make a reasonable use of his property. c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, 9563 N.W. 53rd Street buildings or structures in this same zoning district. on Lauderdale, FL 33309-6311 ,954)739-6400 The granting of this variance will not confer on the applicant any special Fax(954)739-6409 privilege that is denied by this chapter to other lands, buildings or structures West Palm Beach in this same zoning district. Corine Lajoie CT&A Project No.07-051 April 26,2007 Page 2 of 2 d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. It is the applicant's opinion that the literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The requested additional 3-strand barbed wire fencing is the minimum that is required by US Customs and Border Protection f) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. It is the applicant's opinion the requested variance will be in harmony with the general intent and purpose, and that such variance will not be injurious to the area, rather to conform to the US Customs and Border Protection's regulations,that are set in place to protect public welfare. Sincerely, CRAVEN THOMPSON& ASSOCIATES, INC. MARK KIESER Assistant Landscape Architect cc: Joe Handley CRAWEN 1HOMPSON &ASSOCIATES INC.