HomeMy WebLinkAboutR-2007-148 Marine Max Variance RESOLUTION NO. 2007-148
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY KURT FRAHN,ON BEHALF OF
THE PROPERTY OWNERS MARINE MAX YACHTS, LLC.IN CONNECTION
WITH PROVISIONS OF PROPERTY LOCATED AT 490 TAYLOR LANE,
DANIA BEACH; FROM CHAPTER 28, "ZONING" AND CHAPTER 26,
"VEGETATION";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 27,
"Industrial General", Section 27.60 prescribes the area requirements in I-G (Industrial General)
zoning districts; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV,
"Landscaping", Section 26-51 prescribes the minimum landscape buffer for business, commercial
and industrial properties within the City of Dania Beach; and
WHEREAS, Kurt Frahn on behalf of the property owner, Marine Max Yachts, LLC., has
applied for variance (VA-42-07) for the following:
1. To allow five existing structures, built without permits, to remain at their current
locations. The structures provide between 3.5 and 4.1 foot side yard setbacks. (Chapter
28, "Zoning", Article 27, "Industrial General', Section 27.60, "Area requirements",
requires a minimum 25 foot interior side or rear yard setback), and
2. To allow a 3.5 feet landscape buffer, (Chapter 26, "Vegetation", Article IV,
"Landscaping", Section 26-51 requires a minimum of a five foot landscape buffer for
business, commercial and industrial properties),
for property located at 490 Taylor Lane, Dania Beach; and
WHEREAS,the Planning&Zoning Board on August 15, 2007 recommended approval of
the variance request with conditions, 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-42-07), for a variance as described above
(from requirements in Chapter 28, "Zoning", Article 27, "Industrial General", Section 27.60, and
Chapter 26,"Vegetation",Article IV,"Landscaping",Section 26-51), a copy of which is attached as
Exhibit"A" is approved, with the following conditions:
1) Guard shed permitted at current location (4 feet from lot line) subject to compliance
with building and fire code requirements.
2) All other structures shall be setback a minimum of 10 feet from any lot line subject to
compliance with building and fire code requirements.
3) Applicant to submit professional engineers report identifying code violations and
permits/plans to correct same by September 4, 2007.
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 August 28, 2007.
BOB ANTON
ATTEST: � � MAYOR-COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS FORM AND CORRECTNESS
BY:
THOMA J. A SBRO
CITY ATTORNEY
2 RESOLUTION#2007-148
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 L SHIIJ
❑ Plat Delegation Request �v
❑ Rezoning Date Rec'd:
❑ site Plan JUL 2 3 2007
❑ Special Exception Petition No.:
❑ Special Request Planning
❑ TrafficwVariance Waiver Department ��� ��tv
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: yy 0 0, LL,--)42, Del n/e
5tcs): Block: '— Subdivision:
Recorded Plat Name:
Folio Number(s): 5o f Z 3`1`t;'7 Legal
Description: &r _ f�,
Applicant/Consultant/Legal Representative (circle one)
Address of Applicant: /3/B 1 US f/cv -t 1 /� Cott-tz.rc.czte
Business Telephone: -12.7.53/ / 70°Home: r / + Fax: JZ7, 52vo� 3`j5y
Name of Property Owner: /(' a'-1ne
Address of Property Owner: V4v Tatar tAne/
Business Telephone: 1!5*-,121 O-W8 Home: A-)/4- Fax:
Explanation of Request: Yc1 ' an ce fo c_!/rz� S /shn< S�rdG�,'e S k> ✓�rnc /
a a-1 ozi r aJ7ezif `G $f•/J C-I�-"�e<
Prop. Net Acreage: 4( S ac Gross Acreage: `f.Swc Prop. Square Footage:
r �--Existing Use: La_C 112f Se ✓' ' `�// &GLA Proposed Use: C eT eAt Ser r 01-
Is property owned individually, by a corporation, or a joint venture?
I understand that site plan and variance approval automatically expires within 12
months of City mission approval, pursuant to Ordinance No. 2005-040.
Applicant/Owner signature Print Name Da e
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultan/t/Representative:
This ay of 20�
a a Signature:
Date:
Kvzr ACAHJ l
Sign Name of Nota ublic (Print Name)
State of( j 1 )
16 " 8/S7 Cl-5 /—Ad /94/. s Soo, C,l
Print Name of Notary Street Address, City, State and tip Code FL 33 76 y
Commission Expires O Lo ?�-oog -7c�-7,-5,3/-l7oo r�7a7-5a4-3iO
. :.............................««. Telephone No. & Fax No.
BARBARA YACK
Comm#DD036"
ExpiM 10/=2=
.......................xN...N .....
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) to
make and file the aforesaid application.
Sworn to and subscribed before me Owner:
This day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
MarineMax Yacht Services
490 Taylor Lane
Dania Beach, Florida 33004
July 3,2007.
City of Dania Beach
Planning and Zoning Department
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Variance Request
490 Taylor Lane (MarineMax site)
We would like to request a variance from the setback requirerhents for five (5) structures
currently situated on 490 Taylor Lane, Dania Beach, Florida, home of MarineMax Yacht
Services, which is legally known as:
Parcels A & B, TRANSWORLD PLAT, recorded in Plat Book 116, Page 8,
of the Public Records of Broward County, Florida.
The structures in question are as follows:
1. 6' x 20' waste oil containment unit (oil storage) located on the West side of the
property toward the front'(4 feet from the west property line at the closest point)
2. 5' x 12.6' machinery space cover located on the West side of the property toward
the rear(4.1 feet from the west property line at the closest point)
3. Guard shed located on the NE side of the property at the entrance (4 feet from the
east property line at the closest point)
4. Water Recycling Station and Spill Containment unit located on the East side of
the property toward the rear (7.9 feet from the east property line at the closest
point)
5. Diesel Fuel Storage and Bilge Water Containment unit located on the East side of
the property abutting the Water Recycling and Spill Containment unit (3.5 feet
from the east property line at the closest point)
According to the City's Planning and Zoning division,the IG (Industrial General) zoning
district currently requires 25 foot side and rear setbacks, with a 10 foot perimeter buffer.
History
MarineMax is a yacht service facility consisting of approximately 4.5 acres. The facility
has been in existence since the 1980s under various names. Most recently, it was known
as Associated Marine Technologies until its sale to MarineMax Yacht Services in 2001.
This site was also the first yard with the designation of"CLEAN BOATYARD" issued
by the State of Florida in 2002.
The plat was recorded on April 14, 1983. An older survey by McLaughlin Engineering
indicates that the original structure was completed in March 1985. Subsequent updates to
the survey added Parcel `B" in August 1993 and located the Chickee Hut in May 1994.
There have been additions to the original structure, but the city was unable to provide a
permit history or site plan showing the exact date that the additions were built.
A visit to the Dania Beach records department turned up only 2 records: an expired 2002
a/c change-out, and the recent permit applications by Murphy Construction Services that
resulted in this variance request. Because of this, we were unable to track the evolution
of the property, which has made determining what was permitted legally and what was
not difficult at best.
We also were unable to determine when zoning regulations changed for the IG district,
and what the setback requirements were at the time. The original structure is located 10
feet from the west side property line, so it is assumed that 10 foot side setbacks were
allowed in 1985. In addition, the current owner provided an unofficial copy of the site
plan prepared in 1996 showing the proposed Phase I and Phase II additions. Because the
additions currently exist and also were built 10 feet from the west property line, it is
assumed that the 10 foot side setback requirement continued in force through at least
1996.
According to Broward County, the facility maintains hazardous chemicals in its operation
as a yacht repair facility. As such, it is required to maintain permits and licenses with the
county through DEP/EPA. Environmental licenses it maintains include a General Air
Permit, a DPEP surface coating operation general permit, an EPA multi-storm water
discharge permit, a Florida Department of Agriculture pesticides use permit, and a DPEP
hazardous materials facility license. An Environmental Property Assessment report by
Nutting Environmental of Florida, completed in October 2000, indicated that the facility
does not pose an environmental hazard.
With this history in mind, we would like to request a variance to allow the existing
structures to remain in their current locations, and we seek to improve and repair those
structures in order to meet code.
Itemized 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.
The northwest property line abuts a thick stand of Meleleuca trees that shield Structures
#1 and #2 from the neighboring lot to the west, which appears to be vacant. Similarly,
Structures 94 and #5 are tucked away to the rear of the property, where they are buffered
from the neighbor to the east by shrubbery and trees. None of these structures are visible
from the street and therefore, they do not create a visual disturbance to any passers-by.
Structures#1, 44, and #5 are all mandated by DEP/EPA and appear to have been
permitted by them in the 1990s.
In addition, the slab for Structure #2 was delineated on the original 1985 survey and
therefore, has been in existence for at least 22 years (since 1985) without incident. We
were unable to determine if the covering was part of the original structure.
Structure #3, the guard shed,has been in its location approximately 20 years and is in
keeping with the other guard sheds located along Taylor Lane. The shed appears to have
been erected sometime between 1985 (it is not on the original survey) and 1988 (where it
appears on the re-survey).
(b) That the special conditions and circumstances do not result from the actions of the
applicant.
Historical evidence proves that we did not create the circumstances and conditions
regarding the structures in question. These structures were in place at the time of
purchase. We only seek to improve what already existed and bring it up to code.
(c) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, buildings or structures in this same
zoning district.
We are not requesting additional or special privileges; we are merely seeking to improve
the existing structures to meet current code. Structures 41, 94 and#5 were originally
built to meet DEP/EPA requirements and are licensed and permitted by those agencies.
Structures #2 and #3 have been in existence, in some form, since the 1980s. The guard
shed, in particular, is harmonious with the streetscape. Surrounding businesses, as seen
from Taylor Lane, also have guard sheds in similar locations.
(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.
In the case of Structures #1, 44, and $5, literal interpretation of the zoning code would
result in relocating structures that are specifically required by DEP/EPA. As these
structures house hazardous materials, in some cases, relocation would be expensive and
labor-intensive. Structures #2 and 43 have existed since the 1980s without incident;
therefore, removing or relocating them seems unnecessary. In particular, Structure #3,
the guard shed, cannot be effectively moved without reducing driveway area and possibly
disturbing traffic flow.
(e) That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.
Because the structures currently exist, the variance requested is the minimum possible to
make reasonable use of the land.
(fi 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.
Granting the variance will not change the character of the street or be detrimental to the
area in any way. With the exception of the guard shed, all of the structures in question
are not visible from the street, and they have minimal or no impact on the surrounding
area. All of the structures in question have been in place for many years — some for more
than 20 years— and none have adversely affected their neighbors or the public. The
MarineMax site itself is situated along a dead-end street dedicated strictly to marine
industry. Businesses along the street provide yacht and boating services very similar to
MarineMax's, and they have co-existed peacefully for many years with these structures
in their current locations.