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HomeMy WebLinkAboutR-2007-117 Casa Beni Extensions RESOLUTION NO. 2007-117 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, 1, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03- 06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP- 03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following request for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%),per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; for property owned by Hollywood Investments LLC., (the "Applicant'), pursuant to Resolution 2006-105, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved to the vacation of a portion of NE I" Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1 Yz) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I` Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval is not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner is requesting an extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until June 27, 2008; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variance, special exception use, vacation and site plan are approved for 90 days (September 26, 2007), subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be 2 RESOLUTION#2007-117 accommodated on the site. Section 2. That all such approvals are subject to the conditions previously approved by the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 26, 2007. ATTEST: B ANT N LOUISE STILSON, CMC MAYOR-CO ISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS t BY: 1 THO AS)JJA S13RO CITY ATTORNEY 3 RESOLUTION#2007-117