HomeMy WebLinkAboutR-2007-149 Approving Broward International Commerce Center, inc. Variance 280 Bryan rd RESOLUTION NO. 2007-149
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY SALTZ MICHELSON
ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD
INTERNATIONAL COMMERCE CENTER,INC.,FOR PROPERTY LOCATED
AT 280 BRYAN ROAD,DANIA BEACH, FLORIDA, IN CONNECTION WITH
THE PROVISIONS OF CHAPTER 26, "VEGETATION" AND CHAPTER 28,
"ZONING"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV,
"Landscaping", prescribes the Landscape regulations for the City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4,
"District Regulations", "Schedule of Lot", "Yard and Bulk Regulations", prescribes the setback
requirements within the City of Dania Beach; and
WHEREAS, Saltz Michelson Architects representing the property owner Broward
International Commerce Center, Inc., has applied for variances (VA-01-07 & VA-39-07) for the
following:
1) VA-39-07- Sabal Palm Trees(varying heights)planted every 10 feet adjacent to the north
lot line (Chapter 26, "Vegetation", Article IV. "Landscaping", Sec. 26-50 requires two
rows of shade trees, trees in each row to be planted every 40 feet.)
2) VA-01-07 - 15 foot building setback adjacent to the north lot line (Chapter 28,"Zoning",
Article 4, "District Regulations", "Schedule of Lot", "Yard and Bulk Regulations",
requires buildings located adjacent to a single-family zoning district or any existing single-
family homes to provide a setback equal to one (1)times the building height; in this case
building height is 28 feet).
for property located at 280 Bryan Road, Dania Beach; and
WHEREAS,the Planning&Zoning Board on July 18,2007,recommended approval of the
variance requests (VA-01-07 & VA-39-07) 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-01-07 & VA-39-07), for a variance as
described above (from requirements in Chapter 26, "Vegetation", Article IV, "Landscaping" and
Chapter 28, "Zoning", Article 4, "District Regulations, Schedule of Lot, Yard and Bulk
Regulations"),a copy of which is attached as Exhibit"A"is approved,with the following conditions:
1. Ingress/egress easement shown on survey does not provide connectivity between the BICC
Phase 1 (existing) and proposed BICC. Provide recorded unity of title prior to issuance of a
building permit(Planning Division).
2. Provide a fire flow test as required by Fire Prevention to determine adequate water supply.
Please schedule through the Fire Marshal.
3. Fire Marshal to determine if fire flow tests are adequate.
4. Fire Marshal to approve fire department access routes prior to issuance of a building permit.
5. Fire Marshal to approve fire safety and prevention program in accordance with Chapter 7,
NFPA 241 (2000 ED.).
6. Provide a copy of the complete site plan with all corrections made on CD-ROM in PDF
format (Fire Marshal).
7. No trucks shall stand with idling engines during the hours of 11:00 PM to 6:00 AM on
Weekdays, 10:00 PM to 6:00 AM on Saturdays, and 10:00 PM to 7:00 AM on Sundays,
except in the designated truck overnight parking area located in the southwest parking lot of
the applicant's property,
8. Applicant to install a gate at the northern access to Bryan Road which will be closed during
the hours stated above, and
9. A concrete wall at least 7 feet in height and beige and/or tan in color shall be constructed
along the north lot line. Construction of the wall shall be commenced simultaneously with
commencement of construction of the first building on the subject property.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
2 RESOLUTION#2007-149
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
MAYOR-CO 4MISSIONER
ATTEST: ,
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO 777
CORRECTNESS
BY: r`
THOM MJ.ANgbkb
CITY ATTORNEY
3 RESOLUTION #2007-149
LEGAL DESCRIPTION OF PROPERTY
Tract "A" less and except the South 710 feet thereof, "RE-AMENDED PLAT OF
HOLLYWOOD PALMS", according to the Plat thereof, as recorded in Plat Book
36, Page 46,of the Public Records of Broward County, Florida.
(00005614.DCC v.1 9/17/2007 11:42 AM)
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 CIj�/7 {�'�!'
Plat .;. }
❑ A 1/ 11
Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan 2�)
❑ Special Exception 1 8 1001 Petition No.:VA - T 7- 01
❑ Special Request❑ Manning
Trafficway Waiver
Q Variance impartment
❑ 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: 280 Bryan Road, Dania Beach
Lot(s): Block: Subdivision:
Recorded Plat Name: Hnt 1 ywncA Pa 1 ma RaAmpnclyd Plat
Folio Number(s): Sn4233nSOn1 n Legal Description: Rpp Fxh; bites"
Applicant/Consultant/Legal Representative (circle one) Gerald Knight
Address of Applicant: 888 S.E. 3rd Ave. , #301 Ft Laud rdalp, FL 33316
Business Telephone: 9 5 4-7 6 4-715 Oiome: Fax: 9 5 4-7 6 4-7 2 7 9
Name of Property Owner: RrnwarR ommerc® Park, T R
Address of Property Owner: 1700 Stutz Dr. , #25, Troy, Mi 48084-4502
Business Telephone: Home: Fax:
Explanation of Request: Variance to allow one row of trees at 1 : 30 along northern
property line
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: vacant Proposed Use: warphnnggJnffire
Is property owned individually, by a corporation, or a joint venture?
I understand that site plan and variance approval automatically expires within 12
moot f o on approval, pursuant to Ordinance No. 2005-040.
Z, l /69
Appikint/OwAf Agniture Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to
and subscribed before me Applicant/Consulta r e tat
This 0 day of t�
Signature:
Date:
lgoet-a
Sign Name of Notary Public (Print Name)
State of(F(p t7 d d_ )
Print Name of Notary Street Address, City, State and Zip Code
1 E.e 19ES:ApYu,2009 7aHJ17MaNOWYPMOUMMMAA Telephone No. &Fax No.
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 (ApplicanVConsultant/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.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
This_day of 20_
Signature:
Date:
(Print Name)
Sign Name of Notary Public (Print Title)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seat: - - Telephone No. & Fax No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This 1`7)rk- day of :' L- 20 ,
Signature: t. -
Date: U c k'`'3/�`7
J P,PA =S .1 wr0 jht�
(Print Name)**
SlgN Name of Notary Public
State of(("%tN\\ccar\ 1 7C��?
Ann( x"X-r\ I FVl Z g c�
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: �149 — (--V - 4770 (rAX 2`I8 /C`(9 fz'Ly�
Seai: Telephone No. & Fax No.
**Each partner must sign. Attach duplicate sheets as required.
VARIANCE JUSTIFICATION STATEMENT
Broward International Commerce Park, Limited Partnership ("BICC"), has submitted a
proposed site plan to the City of Dania Beach, Florida ("City"), to expand the existing
warehouse/office complex located at 280 Bryan Road, Dania Beach, to the northern vacant
portion of the property owned by BICC. The northern portion of the property, where the
warehouse/office complex will be expanded, is currently zoned in the City's C-3 zoning district;
however, BICC has applied to the City to rezone the northern portion to the City's C-4 zoning
district in order to conform to the existing C-4 zoning on the southern portion of the property
owned by BICC. When completed, the proposed project will be one functionally interrelated
warehouse/office complex occupying the northern and southern portions of the property owned
by BICC.
Section 26-50(b) of the City's Code of Ordinances requires that when any commercial or
industrial zoned property directly abuts a residential zoned or used property, then the non-
residential property shall be provided with a 10-foot landscaped buffer with a six-foot high
masonry and a double row of trees, each row 40 feet off center. The adjacent property to the
north_of the subjectproperty is occupied by an existing mobile home park zoned inthe Broward
County T-1 zoning district. The length of the northern boundary of the subject property is 1060
feet. Accordingly, the City Code would require a double row of trees, each row containing 26.5
trees, or a total of 53 trees, along the northern boundary of the subject property adjacent to the
mobile home park. Due to site constraints (discussed below), BICC will not be able to provide
the required double row of trees. Instead, BICC proposes to install a six-foot masonry wall along
the northern boundary of the subject property with a single row of trees containing two Gumbo
Limbo trees and 123 Sabal Palm trees (at staggered heights), or a total of 125 trees within the
landscape buffer area. BICC would also agree to plant an additional 28 trees elsewhere on the
subject property outside of the landscape buffer area (in excess of the City Code requirements),
for a total of 153 trees. BICC must seek a variance in order to provide a single row of trees
along the northern boundary of the subject property.
Section 10.13 if the City's zoning regulations sets forth the criteria for obtaining a
variance. These criteria, and the responses by BICC relating to these criteria, are as follows:
(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 proposed project is an expansion of the existing warehouse/office complex
located to the south of the subject property. In order to expand into the subject property
and integrate the proposed project into the existing development scheme, so that the
project, when completed, will be functionally cohesive with the existing warehouse/office
100005387.DOC v.16/17/2007 09:12 AM)
complex, BICC must resolve certain site constraints that are unique to the subject
property. A substantial part of the southerly portion of the subject property is occupied
by a large lake that also extends into the northerly portion of the adjacent property owned
by BICC, which is occupied by the existing warehouse/office complex. This lake is
subject to a drainage and flowage easement in favor of other landowners in the area. The
location and size of the existing lake substantially reduces the land area that can be
developed with new warehouse/office buildings. The location of the lake also constrains
project access from Bryan Road (the location of which is also dictated by applicable
traffic engineering standards), internal circulation of vehicular traffic, and the
configuration of vehicular parking and loading bays. As a result, in order for the subject
property to be developed in a reasonable and efficient manner as an expansion of the
existing warehouse/office complex located on the adjacent property to the south owned
by BICC, it is necessary to locate the new warehouse/office buildings within 15 feet of
the northern property line. BICC has requested a building setback variance for this
purpose.
An existing water line serving the mobile home park is located on the subject
property approximately 10 feet south of and running parallel to the northern property
boundary. The existence of this water line will make it impossible to locate a double row
of trees between the six-foot masonry wall to be located along the northern property
boundary and the buildings to be constructed on the subject property. The-City staff has
indicated that, if the 15-foot building setback is allowed, the trees required to planted
within the 10 foot landscape buffer be located at one tree per 30 linear feet instead of one
tree per 40 linear feet as the City Code requires. Since the northern boundary of the
subject property is 1060 feet in length, this means that 71 trees would be planted within
the landscape buffer. BICC agrees with this condition; however, due to the narrowness
of the area that can be used for planting trees within the landscape buffer due to the
existence of the water line, BICC is proposing to plant Sabal Palm trees within the
landscape buffer area. The City Code provides that palm trees are counted at the ratio of
three palm trees for every one required tree. Accordingly, BICC proposes to install 123
Sabal Palm trees (the equivalent of 41 trees) and two Gumbo Limbo trees within the
landscape buffer. The landscape buffer will not physically accommodate more than 123
Sabal Palm trees and 2 Gumbo Limbo trees, so BICC is also proposing to plant 28
additional trees, which represents the balance of the 71 trees referenced above (i.e., 71-
43=28), elsewhere on the subject property outside of the landscape buffer.
The unique circumstance presented by the existing site constraints described
above presents a special condition and circumstance peculiar to the development of the
subject property. The location of the existing lake and the existing water line on the
subject property necessitate the requested landscape variance.
�00005387.DOC v.16/1T2007 09:12 AM
(b) That the special conditions and circumstances do not result from the actions
of the applicant;
BICC did not locate the existing lake or the existing water line on the subject
property or zone the mobile home park into the T-1 zoning district. In fact, the existing
water line serves the mobile home park, and not BICC. Therefore, the existing site
constraints that affect the development of the subject property and necessitate the request
for the landscape variance along the northern property boundary did not result from the
actions of the applicant.
(c) That the granting of 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;
BICC is proposing a side yard building setback of 15 feet along the northern
property boundary, which exceeds the minimum building setback of 10 feet that is
generally applicable to C-3 and C-4 zoned properties (not located adjacent to residential
property). The location of the existing water line and lake on the subject property, as
well as the existence of the T-1 zoned mobile home park to the north of the subject
property, are unique circumstances that are not generally applicable to other C-3 and C-4
zoned property. Therefore; the granting of the-requested landscape variance, which is
necessitated by these unique circumstances, will not confer on BICC any special
privilege that is denied to other lands, buildings or structures in the C-3 and C-4 zoning
districts.
(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 event the building setback variance being requested by BICC is allowed,
the existence of the water line along the northern boundary of the subject property will
preclude the installation of a double row of trees between the masonry wall to be located
on the northern property boundary and the buildings to be constructed on the subject
property. Thus, BICC would be effectively deprived of the benefit of the building
setback variance. As a result, BICC would most likely be compelled to redesign the site
plan by turning the proposed warehouse buildings around so as to place the internal
driveway and loading bays along and facing the northern property boundary, thereby
potentially affecting the mobile home park in an adverse manner. A double row of trees
along the northern boundary could then be provided, but the mobile home park would be
closer to the trucks and loading bays for the warehouses than currently proposed. This
would work an unnecessary and undue hardship on the applicant, as well and the mobile
home park residents.
(00005387.DOC v.1 6/17/2007 09:12 AMA
I I
(e) That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
Due to the existence of the water line along the northern boundary of the property,
BICC cannot install a double row of trees between the masonry wall to be located on the
northern property boundary and the buildings to be constructed on the subject property
(at a 15-foot building setback). BICC is proposing to plant as many trees (i.e., 125) as is
physically possible within the area available for planting within the landscape buffer,
albeit in a single row. The relative narrowness of the usable planting area limits the
number of rows of trees that can be planted in the landscape buffer to one row. The
requested variance is the minimum variance that will allow the project to be constructed
on the subject property at the proposed building setback.
(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.
The proposed development of the subject property is a continuation of the
warehouse/office complex located on the property to the south of the subject property
owned by BICC. The proposed development is also consistent with uses permitted on
property zoned in the-City's C-3 and C-4 zoning districts and existing elsewhere in the
area. The proposed use is also consistent with the character and predominant land uses
(i.e., industrial, warehouse, marine) in the area located south of Old Griffin Road. BICC
is proposing a building setback along the northern boundary of the property that exceeds
the minimum side yard setback that is generally applicable in the City's C-3 and C-4
zoning districts. The granting of the requested landscape variance with the condition that
a total of 125 trees, consisting of 123 Sabal Palm trees (at staggered heights) and 2
Gumbo Limbo trees, be planted in a single row of trees between the masonry wall to be
located along the northern boundary of the subject property and the buildings to be
constructed on the property, with an additional 28 trees in excess of City Code
requirements be planted elsewhere on the subject property, will provide sufficient
buffering to the existing mobile home park located to the north of the subject property.
The granting of this variance, together with the building setback variance, will allow a
site design that has less impact on the mobile home park than another possible site design
that would not require the granting of these variances.
{00005337.DOC v,1 6/17/2007 09.12 AM
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 1
❑ Plat � SD
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan JAN 0 5 7007
❑ Special Exception punning Petition No.: YA- o�- 07
❑ Special Request
❑ Trafficway Waiver Department
*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: 280 Bryan Road, Dania Beach
Lot(s): Block: Subdivision:
Recorded Plat Name: Hollywood Palms-ReAmended Plat
Folio Number(s): 50423305001 0 Legal Description: See Exhibit "A"
Applicant/Consultant/Legal Representative (circle one) Gerald L. Knight
Address of Applicant: 888 S.E. 3rd Ave. , N301 , Fort Lauderdale, FL 3 316
Business Telephone: 95 4-7 6 4-71 5Rome: Fax: 9 5 4-7 6 4-7 2 7 9
Name of Property Owner: Broward International Commerce Park, LP
Address of Property Owner: 1700 Stutz Dr. , #25, Troy, MI 48084-4502
Business Telephone: Home: Fax:
Explanation of Request: Variance for a 1 5 ' setback on northern Property line
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: vacant Proposed Use: warahn,lca/moire
Is property owned individually, by a corporation, or a joint venture?
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (ApplicanUConsultanvRepresentative)
to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
This_day of 20_
Signature:
Date:
(Print Name)
Sign Name of Notary Public (Print Title)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires;
Seal: Telephone No. &Fax No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This Is to certify that the below referenced that the duly authorized persons are the owners of subject
lands^described above and that all partners have authorized (Applicant/ConsultanvRepresentahve)
� �l Q� c ,I, M t:L= to make and file the aforesaid application.
Sworn to and subscribed before me Broward Internatio)T'4-1 C mmerce Park
This G9r�day of 1>e C-. 20-a- Limited i'.artnershiip
Signature: i t
Date: - 1Z 'Z3 /0G
t\� (Print Name)**
Sign Name of Notary Public
Pr!nt Name of.Notary Street Address, City, State and Zip Code
Commission Expires %4�/ y`�- {7lC� Fr74y.
Seal: Telep one No.'&Fax No.
**Each partner must sign. Attach duplicate sheets as required.
i
I d t n th i plan a variance approval automatically expires within 12
t o C' m sslo pproval, pursuant to Ordinance No. 2005-040.
A r
icant/Own t
r signature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consulta e n ti
This 0 day of b_20 0-7Signature:
t\ ^ Date:
- (�em/d L . Ini�h
Sign Name of Notary Public (Print Name)
State
(of( I• ) yy // � D
t/1yn yL I Lt ��� S� T YG'e 30 J 1 i' I-�Q v1. F--� .
PPAM: Name of Notary I Street Address, City, State and Zip Code 3 �33/
DE90RM BE110 ,I (n� p-�/ �3
Com iNYTr QOS61 #DD390761 - `" S C � l /Y ��1 /�D��c��
Seal: ' e annE)AAqFE�ruMi�r. Telephone No, & Fax No.
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.
JAN 0 S 1001
Planning
VARIANCE JUSTIFICATION STATEMENT Department
Broward International Commerce Park, Limited Partnership ("BICC"), has submitted a
proposed site plan to the City of Dania Beach, Florida ("City"), to expand the existing
warehouse/office complex located at 280 Bryan Road, Dania Beach, to the northern vacant
portion of the property owned by BICC. The northern portion of the property, where the
warehouse/office complex will be expanded, is currently zoned in the City's C-3 zoning district;
however, BICC has applied to the City to rezone the northern portion to the City's C-4 zoning
district in order to conform to the existing C-4 zoning on the southern portion of the property
owned by BICC. When completed, the proposed project will be one functionally interrelated
warehouse/office complex occupying the northern and southern portions of the property owned
by BICC.
The Schedule of Lot, Yard and Bulk Regulations set forth in the City's zoning
regulations provides that, in the C-3 and C-4 zoning districts, a side yard building setback of at
least 10 feet is required, "provided, however, that any building to be located adjacent to a single-
family zoning district or any existing single-family home shall provide a setback equal to one (1)
times the building height'. The.adjacentpmperty to the north of the-subject property is occupied-
by an existing mobile home park zoned in the Broward County T-1 zoning district. The height of
the proposed buildings to be constructed on the subject property located adjacent to the northern
property line is 28 feet. Therefore, according to the comments of the City planning staff on the
proposed site plan for the project, a building setback of 28 feet is required by the City zoning
regulations along the northern property line of the subject property. The staff comment also
states that "staff would accept a 15' north setback with trees planted at 1:30 instead of the
proposed 1:40 if requested." BICC agrees to modify its site plan to show a building setback of
15 feet along the northern property line and to plant trees at 1:30 along the northern property
line. However, according to the staff comment, BICC must seek a variance in order to provide a
15-foot setback instead of a 28-foot setback along the northern property boundary of the subject
property.
Section 10.13 if the City's zoning regulations sets forth the criteria for obtaining a
variance. These criteria, and the responses by BICC relating to these criteria, are as follows:
(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 proposed project is an expansion of the existing warehouse/office complex
located to the south of the subject property. In order to expand into the subject property
and integrate the proposed project into the existing development scheme, so that the
project, when completed, will be functionally cohesive with the existing warehouse/office
�00004833.DOC vA 12/7/2006 10.21 AM)
t
complex, BICC must resolve certain site constraints that are unique to the subject
property. A substantial part of the southerly portion of the subject property is occupied
by a large lake that also extends into the northerly portion of the adjacent property owned
by BICC, which is occupied by the existing warehouse/office complex. This lake is
subject to a drainage and flowage easement in favor of other landowners in the area. The
location and size of the existing lake substantially reduces the land area that can be
developed with new warehouse/office buildings. The location of the lake also constrains
project access from Bryan Road (the location of which is also dictated by applicable
traffic engineering standards), internal circulation of vehicular traffic, and the
configuration of vehicular parking and loading bays. As a result, in order for the subject
property to be developed in a reasonable and efficient manner as an expansion of the
existing warehouse/office complex located on the adjacent property to the south owned
by BICC, it is necessary to locate the new warehouse/office buildings closer than 28 feet
to the northern property line.
Moreover, the only other feasible design for development of the subject property
would be to construct the new warehouse/office buildings in such a manner that the front
of the buildings faced the northern property line and the rear of the buildings backed up
to the existing lake. This design would meet the 28-foot setback requirement along the
northern property boundary; however, since the internal driveway and loading bays
would then_ be_located adjacent-to and-facing the northern property line, this alternative
design may have a detrimental impact on the mobile homes located to the north of the
subject property.
Additionally, the T-1 zoning on the property occupied by the existing mobile
home park (which is not a single-family zoning district listed in the City's zoning
regulations) is inconsistent with other zoning districts in the vicinity of the subject
property. The mobile home park is surrounded by C-3 and C-4 zoning districts to the
west, south and east. The northern boundary of the mobile home park is located on Old
Griffin Road and the Dania Cut-Off Canal. The character of the area south of Old Griffin
Road is warehouse, industrial, office, marine and other non-residential uses. The existing
zoning and use of the mobile home park is inconsistent with these non-residential uses
and essentially constitutes "spot zoning". The unique circumstance presented by the
location of this remnant T-1 zoning and use of the mobile home park property presents a
special condition and circumstance peculiar to the development of the subject property.
If the mobile home park property was zoned and used for a purpose consistent with the
other zoning and uses in the area, then BICC's proposed site plan would meet the
applicable setback requirements along the northern boundary of the subject property.
(b) That the special conditions and circumstances do not result from the actions
of the applicant;
BICC did not locate the existing lake on the subject property or zone the mobile
home park into the T-1 zoning district. Therefore, the existing site constraints that affect
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the development of the subject property and necessitate the request for the setback
variance along the northern property boundary did not result from the actions of the
applicant.
(c) That the granting of 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;
The Schedule of Lot, Yard and Bulk Regulations set forth in the City's zoning
regulations provides that, in the C-3 and C-4 zoning districts, a side yard building setback
of at least 10 feet is required (with the qualification noted above for side yards located
adjacent to single family zoned district or an existing single family home). BICC is
proposing a side yard building setback of 15 feet along the northern property boundary,
which exceeds the minimum building setback of 10 feet that is generally applicable in the
C-3 and C-4 zoning districts. Therefore, the variance requested will not confer on BICC
any special privilege that is denied to other lands, buildings or structures in the C-3 and
C-4 zoning districts. In fact, the denial of the requested variance will mean that BICC is
not able to develop the subject property in the same manner as other property in the City
that is zoned C-3 and C-4, but that is not located adjacent to a single family zoning
district or an existing single family home. Again, the special conditions and
circumstances, described above constitute- a—unique situation which to BICC's
knowledge, is inapplicable to other land zoned C-3 and C-4 in the City.
(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;
The side yard building setback requirement generally applicable in the City's C-3
and C-4 zoning district is 10 feet. BICC is proposing a 15-foot building setback along
the northern boundary of the subject property. Requiring BICC to provide a 28-foot
building setback along the northern boundary of the subject property would deprive
BICC of the rights commonly enjoyed by other properties in the City zoned C-3 and C-4.
In the event BICC is compelled to provide a 28-foot setback along the northern property
line of the subject property, then BICC will either (i) effectively lose the reasonable use
of the subject property in that the buildings proposed along the northern boundary of the
property will be substantially reduced in size, rendering them essentially unmarketable as
warehouse/office space of the type existing on other C-3 and C-4 zoned property
(including on the property located to the south of the subject property and owned by
BICC); or (ii) be forced to redesign the site plan by turning the proposed
warehouse/office buildings around so as to place the internal driveway and loading bays
along and facing the northern property line, thereby potentially affecting the mobile home
park adversely. In either event, the denial of the variance will work an unnecessary and
undue hardship on BICC (and possibly on the mobile home park).
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(e) That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
The 15-foot building setback along the northern property line of the subject
property is the maximum setback that the existing site constraints described above will
allow. The distance between the existing lake on the subject property and the northern
property line is approximately 270 feet. Within that distance, BICC will install required
landscaping buffer, the proposed buildings with loading docks, vehicular parking areas,
internal driveway, and lake banks. The relative narrowness of the usable land area limits
the width of the setback along the northern boundary of the subject property, so that the
requested variance is the minimum variance that will allow the project to be constructed
on the property.
(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.
The proposed development of the subject property is a continuation of the
warehouse/office complex located on the property to the south of the subject property
owned by BICC. The proposed development is also consistent with uses permitted on
property zoned in the City's C-3 and C-4 zoning districts and existing elsewhere in the
area. The proposed use is also consistent with the character and predominant land uses
(i.e., industrial, warehouse, marine) in the area located south of Old Griffin Road. BICC
is proposing a building setback along the northern boundary of the property that exceeds
the minimum side yard setback that is generally applicable in the City's C-3 and C-4
zoning districts. The granting of the variance with the condition recommended by the
City planning staff of trees planted at 1:30 will provide sufficient buffering to the existing
mobile home park located to the north of the subject property and will allow a site design
that has less impact on the mobile home park than another possible site design that would
not require the granting of this variance.
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