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HomeMy WebLinkAboutR-2007-154 Casa Beni Extensions RESOLUTION NO. 2007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR 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, 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 requests 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 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'/z) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE ls` Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval was 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, on June 26, 2007, pursuant to Resolution No. 2007-117, an extension of the above approvals was granted until September 26, 2007; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner, is requesting a second extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until December 25,2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION#2007-154 Section 1. That the requests to extend the expiration date of the approvals for the variances, special exception use, vacation and site plan are approved until December 25, 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 accommodated on the site. Applicant shall appear before the Dania Beach CRA Board before December 25, 2007 to present its conceptual building plans for Board review. 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 September 11, 2007. ATTEST: ,-1 .� .B B ANTQ LOUISE STILSON, CMC MAYOR- OMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS f A BRO CITY ATTORNEY 3 RESOLUTION#2007-154