HomeMy WebLinkAboutR-2007-207 Griffin Road Partners Variance RESOLUTION NO. 2007-207
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY NICK ECONOMOS,ON BEHALF
OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR
PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF
GRIFFIN ROAD AND RAVENSWOOD ROAD,(2081 GRIFFIN ROAD),IN THE
CITY OF 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; and
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,"Off-
Street Parking", prescribes the parking requirements within the City; and
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.22,"Off-
Street Loading",prescribes the minimum loading berth requirements within the City of Dania Beach;
and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28,
"Signs", prescribes the signage requirements within the City; and
WHEREAS,Nick Economos,on behalf of the property owner, Griffin Road Partners,LLC,
has applied for variances (VA-31-07) for the following:
1. Request to allow a 90-foot high, 450 square foot pole sign (Chapter 28, Article 28,
"Signs", allows a maximum of a 50-foot high and 48 square feet pole sign);
2. Request to provide 551 parking spaces(Chapter 28,Article 6.21,"Schedule of Off-Street
Parking Requirements" states a total of 590 parking spaces are required);
3. Request to allow 4 loading berths; (Chapter 28, Article 6.22, "Off-Street Loading",
requires a minimum of 10);
4. Request to allow office loading berths to be as small as 9' x 18'; (Chapter 28, Article
6.22,"Off-Street Loading",requires minimum loading berth size to be 12' X 25'X 14');
5. Request to reduce the size of the internal and terminal landscape islands to allow 5'-10'
wide terminal landscape islands; (Chapter 26, "Vegetation", Article 26-47,
"Landscaping", requires 10 foot wide terminal landscape islands),
for property generally located at the northeast corner of Griffin Road and Ravenswood Road a/k/a
2081 Griffin Road, in the City of Dania Beach; and
WHEREAS,the Planning&Zoning Board on September 27,2007,recommended approval
of the variance requests (VA-31-07) 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-31-07), for variance as described above
(from requirements in Chapter 26, "Vegetation", Article IV, "Landscaping" and Chapter 28,
"Zoning", Articles 6.21, "Parking", 6.22 "Off-Street Loading and 28 "Signs"), a copy of which is
attached as Exhibit"A" is approved, with the following conditions:
1. All landscaped areas must be curbed w/type "D" or "F" curbing. Identify on site plan.
2. Maximum wall enclosure of dumpster is 6'; 8'proposed. Revise accordingly(Planning
Division).
3. Must provide recorded copy of plat prior to issuance of a building permit (Planning
Division).
4. FAA approval of buildings and pole sign prior to issuance of a building permit.
5. 7 day/24 hour on-demand hotel shuttle.
6. Entire project subject to a parking easement allowing customers to park anywhere on the
site.
7. Medical Office allowed only upon a showing that sufficient parking is available based on
medical office parking requirements (1 space per 150 sq. ft. of gross floor area).
8. Fire Department and Public Services Comments (Attached to this resolution as
"Attachment I").
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
2 RESOLUTION #2007-207
passage and adoption.
PASSED AND ADOPTED on October 23, 2007,
Akj'�
XM Ai TON
MAYOR-CO94MISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO A CORRECTNESS
BY: '
THOMAS J. Af4S#RO
CITY ATTORNEY
3 RESOLUTION#2007-207
"ATTACHMENT 1"
GRIFFIN ROAD PARTNERS—FIRE AND PUBLIC SERVICES CONDITIONS
1. Provide fire flow calculations prepared, signed and sealed by a professional engineer
currently licensed in the state for each newly constructed building in excess of 5,000 sq. ft. in
size. All calculation must be in accordance with the Guide for the Determination of
Required Fire Flow, Edition 05-2006 (Fire Marshal).
2. Provide a fire flow test to be witnessed by the Fire Prevention Bureau to determine adequate
water supply. This must be scheduled through the Fire Prevention Bureau(Fire Marshal 1-
18-07).
3. Vertical clearances of 14' min. are required. Demonstrate this requirement by providing note
on plans (Fire Marshal).
4. Demonstrate or provide a note on the plan to indicate the following requirements of DOT
roadway pavement markers: 1)provide 2 blue double-reflective department of transportation
type road marker to be adhered to the hard surfaces of the roadway in the middle of the lane
nearest to &directly in front of the newly installed fire hydrant (Fire Marshal)
5. Provide clearances of 7.5' in front of and to the sides of the fire hydrant,with a 4' clearance
to the rear of any hydrant of fire protection appliance(Fire Marshal).
6. Additional fire hydrants are required. Hydrant spacing shall not exceed 300 feet linear
separation for commercial properties. The distribution system must remain looped and
hydrants shall not be located less than 40' from buildings (Fire Marshal).
7. Identify the locations of all standpipes and FDC's. Provide additional FDC's as required by
the Fire Marshal. Please see the Fire Marshal for locations. See comments from 1-18-07 for
FDC's requirements (Fire Marshal).
8. Provide a detail for the backflow prevention assemblies (Fire Marshal).
9. Drawings C-1, check and correct note 411, See drawing C-4 (Public Services).
10. Drawings C-2&C-4,provide necessary quantity of stormteck SC-740 chambers to mitigate
difference in required pervious area of 30%versus 23%provided. Recommend approval of
waiver if mitigated (Public Services)
11. "NO PARKING"signs,striping and curb painting are required in multiple areas for this site.
Please see the Fire Marshal to discuss locations. See the details in Fire Marshal comments
dated 1-18-07 (Fire Marshal).
12. Please provide fire hydrant detail in accordance with the following:
4 RESOLUTION 42007-207
• The center of a hose outlet shall be not less than 18" above final grade, or where
located in a hose house, 12" above the floor.
• The streamer opening is to be 4.5" in size with 4 National Standard Treads per inch.
• All fire hydrants shall be `traffic type' to beak-away upon impact.
• The fire hydrant main body valve shall open against the flow and shall close with the
flow.
5 RESOLUTION 92007-207
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(9S4) 924-3645
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat ��(�EM
❑ Plat Delegation Request p
❑ Rezoning D Data Rec'd: �.� Oho
W Site Plan
❑ Special Exception DEC p 1 2006 Petition No.: Si°of l -0(0
❑ Special Request
❑ Tra(ficwayWaiver Planning 5o �a-�� 1 C)0\0
❑ Varian
❑ Vacation Request Department
❑ 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: ZO $ I GRZCFFIn1 PCvkO , DAw A �FAC.H , FL 333Gy
Lot($): 12- Block: _ Subdivision:
Recorded Plat Name: A(2 POGT CM ll eZcL. 6ENM-0- PUT-
Folio Number(s): /OJ 36Z $55 Legal Description: for l2, 8tocK 3 , t3 4r op
LS, Zq 31 A,-JD 3Z , -r 505 , Z414E
Ap onsultant/Legal Representative (circle one) `%.- -'r� ��P�
plican iA V
Address of Applicant: Li 000 r,�OKT H FEOLZAL, {-foil S TE.Zc4 &4A RATor� h L 33'-f 3 1
Business Telephone:S61-361 -ZY8�6 Home: Fax:SG I - 36I 39 `-I
Name of Property Owner: G RT FF RoAA PARTnifILS �C
Address of Property owner:'fGw t JOL-1 H 1--OUAI- I W`(, &ri 2c6, &3 A RATLN, FL 33'/3)
Business Telephone: '%l -30-2SS6 Home: Fax: �761 ' 361 -39ys
Explanation of Request: S I Tf P&�AJ Uyt 6-4)
Prop. Net Acreage: 5. 149 Gross Acreage: Prop. Square Footage: 3541 q26
Existing Use: VAcAN) 1 LA"+ ) Proposed Use: 1Ac,"ML3 IC,Fr« 7-
Is property owned individually, by orporation r a joint venture? Cr
2.Z{IA7-XC,j C LLC
I understand that site plan and variance approval automatically expires within 12
months City Commission approval, pursuant to Ordinance No. 2005-040.
NIcY, Ecan+c.nbS 1L 113,)("b
CApplicanjWowner gnature Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant onsultant/Representative:
This 13 day of u 2000
Signatur .
Date: Z l 3 / 0 6
IV 1 C1(� �Ge No HoS
Sign Na of Notary Public (Print Name)
Stat
ZACK RAHMAN
p 6°cE Notary Pubic,Siite of Florida 14U.0 /Jr-lLr ( PE"4L- f iLki'
My ronim.expires P ig.25,?oog &tA Virme N hL a'Sy3
Prin , y _ �_ Street Address, City, State and Zip Code
Commission Expires:
Seal: 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 (ApplicanVConsultan[/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 liven onsultant/Representative)
N\c-\'-% £CC'NUMo-!�- to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
This IS day of Df SV— 2094
Slgnatu
Date: z 113 f.
NTc�, tTc�.,�rwS
(Print Name)
MANafdgub McHBf�
Sign kame of Notary Public (Print Title)
State
�rI ZACN RAHMAN
$ � Notary Pumi Public. ,� �GcG ock-nq >�P/4�L HLU%STE is 6a [ir1AW4"Tu^'�R-33V)
Print a N �rf"".9 Plr^s Aug.25,2 , Street Address, City, State and Zip ode
"'� C0466028
Commission Expires: 3(n 1-361 - Cw)
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/ConsultanVRepresentative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This _day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary 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.
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
❑ Plat Delegation Request
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception 1 Petition No.: 3 -0-7
❑ Special Request 7 �7
❑ TXafficway Waiver
Variant
❑ 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: ZOS I GRTFFzt,1 RGAQ. AArsTA. 61,64K, FL 330o1-1
Lot(s): Block: Subdivision:
Recorded Plat Name: f3=RPc r- CWAr-\XP-CE CENTER PLA i (1-75-33 I3 PARcE- A�
Folio Number(s): `jU • 42 • Z$• 11 -Oo Lo Legal Description: ArnPtRT (e mmcgg ct,4ya PLAT PARSc 4n Applican onsultant/Legal Representative (circle one) GKIF Fl-1 9,GAD PAZ.Tn1f.2.S , L-L-C- 31 rs<<t5 £c�rrr
a,'S:Nlwnbwb NFktQ
Address of Applicant: Noce N. Ff0£RDL 1-Iwy STI= Zc4 RaA R4TG�j I FL 33`13 I
Business Telephone: 5-61.361.25'A Home: Fax: 5tl•361 . 394S-
Name of Property Owner: GRZFFT2 ,3 R0,4,O PA2-Tr nS 4LG
Address of PropertyOwner: 'iGob N . F*0EM- kL M , STE LG6, WCA- RkTors, FL. 33131
Business Telephone: 5I1.361-Z9'86 Home: Fax: Si6I. 361 . 39yS
Explanation of Request: PL£ASL SfE. A'TrAcl-1!F0 VifE LcrRArroLAi'%
Prop. Net Acreage: 9-+QS Gross Acreage: 3 •ILA 8 Prop. Square Footage: 35 Li 19 2-7
Existing Use: VACANT I-ArJD Proposed Use: 3 "cT£LS i OFFICy- J2srAe2A*jT
Is property owned individually, by a or oration or a joint venture? CC,RFMA-cZ:ba ( L LC
I understand that site plan and variance approval automatically expires within 12
months of Ci Commission approval, pursuant to Ordinance No. 2005-040.
NiC'h FCO NO MO-$ G I 1 147
Applicant/Owner signat re Print Name As Mac 4G/1 C. Date
roQ.1FF1rJ R��o p4RCatAt,uc
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
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.
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.
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 aica Consultant/Representative)
(J\C%t-, NCO N� NPS to make and file the aforesaid application.
AS Ma..rAbl Jrr t1CH'r�LQ. OF 6 21N ATrAYMS LL4
Sworn to and subscribed before me Corporation Name:
GRTFFr.� R�0 2TN�S� �C
This t°T day of 'xAaE 20a'7
Signatur .
� � DAVID SINGH Date: 6 I i 1o�
rJslary Public,State of Florida
l,ommissionp DD 236811
My -nm Xpires July .2007 M\C\(-) ELU r-le, FAO.S
(Print Name)
aAl/cl NAa�wl� hFfM84'1Z
Sign Name of Notary Public (Print Title)
State of( hCf - ) /
��✓ 5) yoco N. F£of2AI. Hwy,S.11ifZc4itSi GATE/J.FL 33431
Print-'Name of Notary Street Address, City, State and Zip Code
Commission Expires: li S61. 361 ZM (F) 561 36( -3945
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/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary 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.
71
MARTIN June 4, 2007
A.D. YABOR " C�Ji I
&ASSOC., INC. Mr. Laurence Leeds I
AA 0002791 Director Growth Management
C/o Ms. Corinne Lajoie
City of Dania Beach — — -- —' - —
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Re: Request of Waiver to allow for 23%of pervious area when 30%is required
Dear Mr. Leeds and Ms. Lajoie:
Under article 29 pertaining to Pervious and Impervious Areas, it allows for a reduction of the
pervious area based on a percentage of the area provided that certain conditions are met and with
the approval of the City Commission.
Article 29.10 (3) to (i) states that Upon demonstration by an applicant that special conditions
peculiar to the location or physical characteristics of a particular site are present, or special
conditions resulting from the design of existing facilities, project design or surrounding land uses
are present, the City Commission may permit a waiver from the impervious area standards, subject
to the following limitations:
ARCHITECT
a. Waiver from the impervious requirement shall be proportional to mitigating design
improvements and the applicant shall provide improvements which exceed the
minimums required by applicable engineering standards.
b. If waiver is granted, the impervious area shall not exceed the following:
(i) For uses located outside of the boundaries of the local activity center as
PLANNERS approved by the City Commission. Eighty-five (85) percent for industrial uses,
eighty (80) percent for commercial uses and seventy (70) percent for residential
uses.
c. Mitigating design improvements may include, but are not limited to, the use of French
drains, positive outfall systems and any other improvements recommended by the
Public Services Director to the City Commission to aid in the filtration of storm water
INTERIORS runoff.
d. As a prerequisite to the City Commission consideration, the services Director shall first
confirm that the waiver from the impervious requirements is proportional to mitigating
design improvements and that the applicant will provide improvements which exceed
the minimums required by applicable engineering standards.
The system provided for the site is a"Stormtech Chamber System" in lieu of"French Drains" which
meets and/or exceeds all the provisions and requirements described above. As per the Civil
Engineering plans and calculations submitted to the City, the mitigation requirements have been
;furother
with by design and met or exceed the minimum requirements of the City of Dania Beach.
clar ation is required please feel free to contact us at your convenience. We thank you
onsid tion pertaining to this important matter.
/ bo , AIA
i
MADY/vv
. f #r<'��ii� ,F °�� .'r �'�""y ..... ty'�k��'�'��R ° °�c�R a� ��F'�•`e
f!•'��i
r 4 i Y (. �,A .�. v 3yl: � ?. ��.R' M• rf Tar ..'� e'S8'.�'#�43' { r
v- -
r; t
VARIANCE REQUEST JUSTIFICATION STATEMENT
The Applicant, Griffin Road Partners, LLC, proposes to develop a parcel of
approximately 8 acres located in the northeast corner of the intersection of
Ravenswood and Griffin Roads with 2 hotel sites, a stand alone restaurant
and a 54,000 square foot office building. The hotel and restaurant properties
are intended to serve the traveling public using the I-95 corridor. This site
will be developed within an active commercial and business corridor along
Griffin Road and will complement the array of uses and businesses currently
existing in the area. The property is zoned Industrial-Research-Office-
Marine (IROM) under the City's zoning regulations.
VARIANCE REQUEST #1
To allow a pole sign area to be 450 square feet where Chapter 28, Article 28,
Section 28.140 of the City's code allows a maximum of 48 square feet
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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
Because of the location of the proposed development in the
proximity of, but not adjacent to, I-95, it is necessary to provide
identifying signage that can be seen by motorists traveling on I-95.
The two proposed hotels that will be included in the development
are often selected by potential customers as they drive by a
location in addition to those possessing advance registrations. In
both instances it is necessary that the traveling public, unfamiliar
with local streets, be able to locate the hotel properties, and the
restaurant property also included in the project, by signage visible
from I-95.
(b) That the special conditions and circumstances do not result
from the actions of the applicant
It is not possible to place a pole sign along the 1-95 corridor or
right of way. Therefore, the signage must be maintained on the
100006346.Doc v.1 6/4/2007 02.23 Pkll 1
project site, which lies along Griffin Road, at the intersection of
Ravenswood Road. The location is sufficiently removed from the
I-95 corridor so as to require a larger sign face area to accomplish
the business identification referred to above.
(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
The hotels are intended to serve I-95 motorists. Typically, such
hotels can be served by signage within the requirements of the
City's code because of the proximity to the Interstate roadway. In
this case, however, the distance between the view corridor of I-95
and the proposed location of the pole sign is such that additional
sign face is required to meet the intended purpose of the pole sign.
(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
Pole signs along 1-95 are customarily used by the various brand
hotels located along such highway to provide recognition to the
traveling public. The grant of this variance will essentially provide
to the Applicant a similar opportunity of exposure of its property to
those using I-95 as is enjoyed by similar properties located closer to
I-95.
(e) That the variance granted is the minimum variance that
will make possible the reasonable use of the land, building
orstructure
The granting of this variance provides the minimum sign face
necessary to provide the identification of the hotels to the traveling
public using I-95.
(f) That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, and that such
100005346.DOC v.1 5/4/2007 02:23 PMA 2
variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The area in which the proposed development is located consists of
extensive commercial, business and office uses. As such, signage to
identify these businesses and offices is prevalent in the area. The
proposed pole sign is in keeping with the general distribution of
uses in the surrounding area.
VARIANCE REQUEST #2
To allow a pole sign to be 90 feet in height where Chapter 28, Article 28,
Section 28.140 of the City's code allows a height of 50 feet or 25 feet above
grade of an abutting interstate highway.
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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
Because of the location of the site, the proposed pole sign would
not be visible by a motorist using I-95 except when the vehicle
is perpendicular to the location of the sign. It could not be seen
on either the northbound or southbound approach. Accordingly,
additional pole sign height is necessary to cause the sign to be
visible from I-95.
(b)That the special conditions and circumstances do not
result from the actions of the applicant
Since it is not possible to place the pole sign along the 1-95
corridor, the line of sight is such that additional height is
necessary to assure that the sign can be seen from the highway.
(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
100005346.DOC v.1 6/4/2007 02:23 PN[I 3
The granting of the variance will enable the applicant to
provide similar signage as for other properties similarly
situated. Inasmuch as the site is located in proximity, but not
adjacent, to I-95, the granting of the variance will allow the
Applicant to comply with the intended purpose of a pole sign
along the Interstate highway.
(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
Other properties similarly situated are able to provide visible
signage to the traveling public along I-95. The granting of this
variance will allow the property to be served by signage in the
same manner as other properties located adjacent to I-95.
(e)That the variance granted is the minimum variance that
possible the reasonable use of the land, building or
structure
The requested variance is the minimum necessary to place the
signage at a height to where it can be seen by motorists using
I-95.
(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.
Inasmuch as the area in which the proposed project will be
located is an active commercial and business area, the requested
signage is consistent with existing uses in the area and will not
be injurious to the area.
100005346.DOC v.l 6/4/2007 02:23 P-II 4
VARIANCE REQUEST #3
To allow 5 off street loading berths to be provided where 11 are required by
Chapter 28, Article 6, Section 6.22 of the City's Code
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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
Because the site is designed to provide two hotels branded as
proposed, industry standard provides that only one (1) loading
berth per hotel is required. These hotels have minimal food service
areas, providing no real meal service other than continental
breakfast and similar accommodations to guests. The office use
does not require significant loading berths and no loading dock.
Deliveries of supplies and materials can be accommodated by
providing two (2) loading berths for the office building. As to the
restaurant, because of the square footage involved, only one (1)
loading berth is required.
(b)That the special conditions and circumstances do not result
from the actions of the applicant
Because of the types of uses to be made of the property, the
proposed number of loading berths provides adequate loading
facilities to serve the intended uses.
(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
The design of the property and distribution of uses thereon is
unique to this site. Loading zone requirements should be evaluated
in the context of the design of this particular site.
I00005346.DOC v.1 6/4/2007 02.23 PM) 5
(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
Because of the design of this site, and its location, near, but not
adjacent to, I-95, allowance of a reduced loading zone requirement
is reasonable.
(e)That the variance granted is the minimum variance that
will make possible the reasonable use of the land, building
or structure.
The reduction of the loading berth requirement to 5 berths is the
minimum necessary to meet the intended purpose of this
requirement in the code.
(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 grant of this variance will allow for a use of the site that is
consistent with the commercial and business character of the
surrounding area.
VARIANCE REQUEST #4
To allow 2 loading berths serving the office building to be 9'x18" in dimension
where Chapter 28, Article 6, Section 6.22 requires a loading berth to be at
least 12'x25:x14'
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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
100005J46_DOC v.L 6/4/2007 0223 PMI 6
Because of the specific layout of the office building on the site, a
reduced loading berth area is required for this portion of the project
only. The size of the berth will be sufficient to accommodate
vehicles making deliveries in connection with office uses. All other
loading berths required for the project will be constructed in
accordance with requirements of the City's code.
(b) That the special conditions and circumstances do not result
from the actions of the applicant
The reasonable requirements of the layout of the site necessitate
the requested variance in loading berth size.
(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
Loading zone requirements should be evaluated in the context of
the design of this particular site. The unique layout of the site
requires a reduction in the size of the berths to utilize the selection
of the location of the loading berths.
(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 granting of the variance allows this property to be used in a
manner consistent with other properties similarly situated.
(e) That the variance granted is the minimum variance that
will make possible the reasonable use of the land, building
or structure.
The requested dimensions are the minimum necessary to provide a
reasonable use of the property and to allow the loading berths to be
located as shown on the site plan to reasonably serve 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
100005346.DOC v.1 6/4/2007 0223 PMI 7
The granting of this variance will be consistent with the
surrounding area that has been developed for commercial and
business uses.
VARIANCE REQUEST #5
To allow 598 parking spaces, waiving 50 parking spaces, where Chapter 28,
Article 6, Section 6.21 requires 648 spaces.
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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.
To proposed uses, i.e. hotel, restaurant, and office implement
different and alternate intensity of parking demands. The office
use will customarily require demand for parking during daytime
and business hours. The restaurant use will also produce higher
parking demand during daytime and evening hours. However, the
higher demands of the hotel use will occur during late evening and
overnight times due to the nature of the hotels on the site. These
hotels will accommodate the traveling public using the I-95
corridor. Because of these factors the overall demand for parking is
spaced over a 24 hour period, with no concurrent demand for
parking for all three types of uses. The passive (hotel) use, and the
active (restaurant and office) uses will provide a demand that will
not reach full utilization of parking spaces if the number of spaces
provided under the applicable code section must be provided.
(b)That the special conditions and circumstances do not result
from the actions of the applicant
The layout of the site and the distribution of uses thereon to
accommodate the needs of the traveling public require the
requested reduction in parking.
100005346.DOC v.1 6/1/2007 02:23 PMI 8
(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.
The granting of this variance will allow the site to be used in a
reasonable manner to meet its intended purpose.
(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 granting of the variance will allow the property to be used
in a manner consistent with other properties similarly situated,
i.e. hotels intended to serve the I-95 motorist.
(e) That the variance granted is the minimum variance that
will make possible the reasonable use of the land,
building or structure.
The variance requested will provide sufficient parking spaces to
serve the intended uses as stated in (a) above and is the
minimum necessary to provide a reasonable use of the land.
(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.
Because the surrounding area is developed with commercial and
business uses, the granting of this variance will be in harmony
with, and not injurious to, such existing surrounding uses.
VARIANCE REQUEST #6
To allow the reduction of one internal landscape island to 3' 6" where Chapter
26, Article 4, Section 26.48 requires 5' in width and the reduction of terminal
landscape islands as shown on the site plan to no less than 7' 11" where the
above referenced section of the code requires 10' in width.
100005316.DOC v.1 6/4/2007 02:23 PMI 9
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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 property is intended to serve the traveling public using the I-95
corridor. Because of the site design and layout to serve this
purpose, including the required internal circulation, it is necessary
to request the reductions in landscape islands shown on the site
plan.
(b)That the special conditions and circumstances do not result
from the actions of the applicant
The site design and layout necessary to support the proposed use
results in the requirement that the size of certain of the landscape
islands be reduced to accommodate required parking stalls and
internal circulation.
(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.
The granting of the variance will allow the Applicant to make a
reasonable use of the property enjoyed by others similarly situated.
(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 granting of the variance will allow the property to be used in a
manner consistent with ether properties similarly situated.
(e) That the variance granted is the minimum variance that
100005346.DOC v.1 6/4/2007 02.23 PN11 10
will make possible the reasonable use of the land, building
or structure.
In order to achieve a reasonable configuration of the site, the
Applicant has requested the minimum variance necessary.
(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.
Because the surrounding property have been developed with
commercial and business uses, the proposed variance is in harmony
with those existing uses.
VARIANCE REQUEST #7
To allow the front building set back for the office building to be 22 feet where
Chapter 28, Article 18, Section 18.60 requires 62 feet.
Section 10.13 of the City's zoning regulations sets forth the criteria for
obtaining a variance. These criteria and the responses by the Applicant, 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 office building will be located adjacent to the main entrance to
the project on the north side of Griffin Road approximately 307 feet
east of its intersection with Ravenswood Road. The office building
will be located to the west of the entrance road, the restaurant will
be located to the east of the entrance road and will meet the
required setback. The hotel properties lie in the rear (north)
portion of the property. The placement of the office building in the
proposed location will allow parking to be accommodated in the
rear, as opposed to the front, of the office property. This will
encourage traffic flow into the site directed to the rear of the offices,
so as to reduce the possibility of stacking of vehicles along Griffin
Road while awaiting entrance to the site. Such design will improve
the functionality of the internal roadway circulation system and
will provide a more desirable traffic flow into the site.
M005346 DOC v,1 6/4/2007 02.23 PM1 11
(b)That the special conditions and circumstances do not result
from the actions of the applicant.
Because of the location of the existing non vehicular access line
(NVAL) for Griffin Road and the intent of the Applicant to provide
safe and adequate access into the site, the requested variance will
provide such result.
(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.
The variance request takes into consideration the configuration of
the site and its location at the Griffin Road/Ravenswood
intersection along with an observance of the existing NVAL.
(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 granting of this variance will allow the Applicant to use its
property in a manner consistent with other uses in the area.
(e) That the variance granted is the minimum variance that
will make possible the reasonable use of the land, building
or structure.
The setback variance requested is the minimum necessary to
accommodate the goal of a properly functioning internal road
circulation system given the factors impacting access to the site.
(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 surrounding areas are developed with commercial and business
uses and the granting of this variance will be in harmony with the
existing uses.
(00005346.DOC v.1 6/4/2007 02:23 PMJ 12