HomeMy WebLinkAboutR-1981-405 I
RESOLUTION N0. 405
A RESOLUTION GRANTING CERTAIN VARIANCE PER-
MITS, OR SPECIAL EXCEPTION PERMITS, CONCERN-
ING GENERALLY THE CONSTRUCTION OF MULTI-FAMILY
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APARTMENT UNITS ON APPROXIMATELY 62 . 49 ACRES
OF LAND LOCATED GENERALLY IN SECTION 2, TOWN-
SHIP 51 SOUTH, RANGE 42 EAST, WHICH ARE MORE
PARTICULARLY DESCRIBED IN ORDINANCE NO. 203
ADOPTED BY THE CITY COMMISSION OF CITY OF DANIA
ON JANUARY 23, 1979, WHICH SAID LANDS WERE ZONED
TO R-M(2) ZONING CLASSIFICATION BY THE SAID
ORDINANCE NO. 203; AND RATIFYING AND CONFIRM-
ING THE EARLIER VARIANCES REGARDING THE SAID
LANDS AS WERE GRANTED BY RESOLUTION NO. 301
j ADOPTED BY THE CITY COMMISSION OF CITY OF
DANIA ON JANUARY 23, 1979; AND PROVIDING THAT
ALL RESOLUTIONS , OR PARTS OF RESOLUTIONS , IN
1 CONFLICT HEREWITH ARE HEREBY REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING THAT
THIS RESOLUTION SHALL BE IN FORCE AND TAKE EF-
FECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION
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W I T N E S S E T H:
That the RECITALS which show the background, basis
premises ,
facts and circumstances which have led the City Commission of the
City of Dania, Florida, to adopt the within resolution are stated
and set forth as follows:
(1) There is a large tract of land, the greater portion of
which is located within the corporate boundaries of City of Dania,
which has be
en commonlyknown over the years as the "Pirates World"
tract of land. A lesser portion of the total tract is located within
the corporate limits of City of Hollywood. In a general sense , the
total tract is located in the approximate vicinity of the Southeastern
corner of the intersection of Sheridan Street and S. E. Fifth Avenue,
Dania, Broward County, Florida.
(2) By ordinance no. 203, adopted by the City Commission of
City of Dania on second and final reading on January 23 , 1979, those
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Portions of the Pirates World tract located within the corporate
Iboundaries of City of Dania were rezoned to current zoning classi-
fications under the zoning ordinances of City of Dania. Specifically,
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62. 49 acres of the Pirates World tract were rezoned from existing
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Zoning c I ass if lcations to R-lm, 2j mu tll- Carriil%' "l.Jn i :Ic c. :::Ssj Llcdtlon ,
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as defined under the provisions of orcl n rice no , 1;!:i of "ity o
Dania, Florida, as subsequently amended , with such z.)ning classifi-
cation being one which permits the construction of r,:,llti.- family apart-
ments units on the said 62 . 49 acres . The exact l .ral de cription of
the 62 . 49 acres is as follows :
A parcel of land lying and bei part of Secti....
Range 42 East, City of Dania, Ernoa:d Cc nty,
partieulariy described as _`cllo:s:
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Co.=zarung at the Sou lsest Corner of said sectic� ?;
t:aeacc North 87' 51 45 Est (for coacearence t9:c: of :aid
Section 2 is assu=ad to bear North 87' 51, 45" Eas:
bearings she:m herein are relative ther=_to)
said Sectio❑ 2, a distance of 1031.69 feet-
thence 'North 02' 05' 22" West, a distance of 380.C7
POSIT C BEC121ING of this description;
thence continue Korth 02' 05' 22" Best, a d:'staace of 3?1.67 fee[;
•tbenea Soutb 87' 41' 37" Nest, a 'distances of 965.', Nee_ , -
theaca ':erth 02' 00' 51" hest along the East 1 -.2 of
Southeast Sth Avenue, baing parallel with and 35 :_et e�st o=, t�;e
Rest Line of said Section 2, a distance of 3357.65 "feet;
' thence 'North 87' 21' 26" Feast, a distance of 631.C4 feet-
. thence :North 02 03' 52" {Nest, a distance of 680-.69 feet to iha 2lorth
Line of the Southwest One-Quarter of said S=_ctioa 2; +
thence forth 87' 11' 04' Ezst along said North Line, a Zist._ce nc 655.47
feet;
thence South 02' 05' 52" East, a distaace of 68'_.65
thence forth 87'-21' 16" East, a distance of 23i.55 `>e_ to tics F.,;t
Corporate Li-its of Dania; -
thence South 02' 05' 52" East Blom sai_' East Co:'oc2r..�
o: 1670.10 feet;
thence North 87' 51' 45" i',at along L's • T _`"3F.�
no:h of, ti,e Sou[it Line of said Sec-
Ica 2, .1 c_
to the FDP;T OF BEECH?:I::C.
Ccatainin7 62.49 acres, care or lest:.
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(3) The variance permits or special excep
tion permits which
are granted under the terms of this resolution were the subject
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j of proper applications filed with City of Dania by an applicant
who had a sufficient interest in the title to the 62 .49 acres to
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allow City of Dania to accept the application for such permits.
The application appears in City of Dania records as variance re-
quest PZ-19-81 .
(4) A part of the application for the variance requests de-
scribed in variance request PZ-19-81 is the related request that
City of Dania confirm and ratify resolution no. 301 as it applies
to the 62.49 acres . Resolution no. 301 was adopted by the City
Commission of City of Dania on January 23, 1979, and allowed cer-
tain variance permits or special exception permits regarding the
62 .49 acres which form a part of the total Pirates World tract.
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In particular, section 4 . of resolution no. 301 provides that any
multi-family apartment buildings to be constructed on the tract
may be constructed to a height not to exceed 164 feet. Further,
as to each apartment unit, only one and one-half parking spaces
rather
shall be required/than the ratio of two parking spaces per apart-
ment unit required under the city' s master zoning ordinance .
(5) The master zoning ordinance of City of Dania is ordinance
a_ no. 100, adopted on July 20 , 1976, as subsequently amended from
time to time.
(6) The present resolution concerns the granting of four
variance permits which are briefly identified, by reference to
general subject matter, as follows:
First variance - variance regarding distance be
tween buildings and driveways;
Second variance - variance regarding minimum side
yard dimension;
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Third variance - maximum dimension of structures;
and
Fourth variance - building separations .
(7) First variance: Article 6 . of the master zoning ordi-
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s nance is entitled "supplementary use regulations" and refers to
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! the various zoning classifications adopted by City of Dania in
the master zoning ordinance . Section 6 .53 (a) (6) (c) of ordinance
no. 100 concerns the zoning requirements of City of Dania, as to
multi-family apartment developments, with reference to the distance
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between buildings and driveways and provides that no driveway or
parking lot shall be closer than 25 feet to the front of any build-
ing nor 10 feet to the side or rear of any building. Regarding
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the 62 .49 acres, the applicant in variance request PZ-19-81 has
requested a variance permit or special exception permit regarding
the applicability of section 6 . 53 (a) (6) (c) so that the variance,
if granted, shall permit a minimum distance, or dimension, of five
feet between buildings and driveways or parking lots.
j (8) Second variance : Article 5 . of the master zoning ordi-
nance is entitled "supplementary lot regulations" and refers to
the various zoning classifications adopted by City of Dania in
the master zoning ordinance. Section 5 .41 (b) (2) of ordinance no.
100 concerns the zoning requirements of City of Dania, as to
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multi-family apartment developments, with reference to the minimum
"i side yard dimensions when a building exceeds five stories (or 55
feet) in height. In substance, such provision provides that when
any building in an R-M(2) zoning classification exceeds five stories
or 55 feet in height, the minimum yard dimensions shall be 50 feet
as to the front yard, 40 feet as to one of the side yards and a
combined total of 80 feet as to both side yards (when considered
together) . Regarding the 62 . 49 acres, the applicant .in variance re-
quest PZ-19-81 has requested a variance permit or special exception
permit regarding the applicability of section 5 . 41 (b) (2) so that
the variance, if granted (and as regards buildings exceeding five
stories or 55 feet in height) , shall permit a minimum yard dimen-
sion of 25 feet as to one of the side yards and a combined total
of 55 feet as to both side yards (when considered together) .
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(9) Third variance : section 6 .53 (a) (6) (a) of ordinance no.
100 concerns the zoning requirements of City of Dania, as to multi-
with reference to the maximum di-
family apartment developments ,
mension of any structure (or group of attached structures) in a
multi-building type of development. The section provides that the
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maximum dimension of any structure (or group of structures) shall
not exceed 175 feet. Regarding the 62 .49 acres , the applicant in
variance request PZ-19-81 has requested a variance permit or special I
exception permit regarding the applicability of section 6 .53 (a) (6) (a)
j so that the variance , if granted, shall permit the maximum dimen-
sion of any structure , or building, contructed on the 62.49 acres
to be 250 feet.
(10) Fourth variance: Section 6 .53 (a) (6) (b) of ordinance no.
1 100 concerns the zoning requirements of City of Dania, as to multi-
family apartment developments, with reference to the minimum dis-
tances between buildings in a multi-family apartment development
project consisting of more than one apartment building . Such sec-
w,
tion quotes an extensive formula which may be used to compute the
distance between buildings. The section then provides that the
distance between buildings shall be no less than 40 feet or the
distance obtained by using the formula, whichever is greater . Re-
garding the 62. 49 acres, the applicant in variance request PZ-19-81
has requested a variance permit or special exception permit regard-
ing the applicability of section 6 . 53 (a) (6) (b) so that the variance,
if granted, shall disregard the application of the formula and
shall permit the distance between the sides of any building in the
project to be not less than 25 feet.
(11) The Planning and Zoning Board of City of Dania consi-
dered variance request pZ-19-81 at its meeting on April 7 , 1981 ,
and recommended to the city commission that resolution no. 301
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I be confirmed and ratified. Further, the planning and zoning board
recommended to the city commission that it grant the four variances ,
or four special exception permits which have been previously decribed
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in the recitals of this resolution.
(12) A public hearing, after proper notice, has been held
on variance request PZ-19--81 by the city commission at its meet-
ing of April 14 , 1981. The city commission is of the opinion
that the applicant has presented satisfactory evidence showing
that a strict application of ordinance no. 100 to the develop-
ment of the 62 .49 acres would result in a proper or legal undue
hardship. Further, the city commission is of the opinion that
the requests for the variances should be granted.
WHEREUPON, AFTER CONSIDERATION OF THE FOREGOING, BE IT
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HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That as to the 62. 49 acres (previously described
in the recitals of this agreement) which form a part of the tract
of land commonly known as Pirates World, resolution no. 301, adopted ,. •,
by the City Commission of City of Dania, is hereby confirmed and
ratified. Specifically, without limitation on the foregoing, any
multi-family apartment buildings which are constructed on the said
62 . 49 acres may be constructed to a height not to exceed 164 feet.
Further, as to each apartment unit which may be constructed on the
62 . 49 acre tract, only one and one-half parking spaces shall be re-
quired for each apartment unit. To the extent that resolution no.
301 granted variance permits or special exception permits to allow
the foregoing, the variance permits or special exception permits
are expressly confirmed and ratified by this resolution.
Section 2. All requests for variances or special exception
permits, as stated in variance request PZ-19-81 addressed to City
of Dania, are herey allowed and granted.
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Section 3 . Without limitation as to the general approval
and grant stated in section 2 . , the variance referred to in the
recitals of this resolution as the "first variance" is hereby
granted. Such first variance, as hereby granted, shall be one
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allowing an exception from the applicability of Section 6 . 53 (a) (6) (c)
j of ordinance no. 100 , as amended, of City of Dania to the construc-
tion of buildings, driveways and parking lots on the 62 .49 acre
tract. In summary and with reference to multi-family apartment
developments , said section of the master zoning ordinance pertains
to the distance between buildings and driveways and provides, in
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summary, that no driveway or parking lot shall be closer than 25
ifeet to the front of any building nor 10 feet to the side or rear
j of any building. The variance or special exception which is hereby
granted regarding the construction of buildings, driveways and park-
ing lots on the 62. 49 acre tract is one which permits and allows a
minimum dimension, or minimum distance, of five feet between any
building and any driveway or parking lot. That is, the minimum
distance between a building and a driveway shall be five feet and
the minimum distance between a building and a parking lot shall
also be five feet. In applying the minimum distance requirement
of five feet, as aforesaid, it shall be immaterial as to whether "~'
the distance is being measured from the front, side or rear of any
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! building as, in every situation (front, side or rear) , the minimum
dimension shall be five feet.
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Section 4. Further, without limitation as to the general
approval and grant stated in section 2. , the variance referred to +
in the recitals of this resolution as the "second variance" is
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hereby granted. Such second variance, as hereby granted, shall
be one allowing an exception from the applicability of Section
5 . 41 (b) (2) of ordinance no. 100 , as amended, of City of Dania
to the contruction of buildings, as related to minimum side yard
dimensions, on the 62 . 49 acre tract. In summary and with reference
to multi-family apartment developments , said section of the master
zoning ordinance--as it pertains to any building in an R-M(2)
zoning district which exceeds five stories or 55 feet in height,
Ithe minimum yard dimensions shall be 50 feet as to the front yard,
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40 feet as to one of the side yards and a combined total of 80 feet
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as to both side yards (when considered together) . The variance
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or special exception which is hereby granted regarding the construc-
tion of a building on the 62 .49 acre tract--where the building
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1 exceeds five stories or 55 feet in height--is one which permits
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and allows a minimum yard distance , or dimensions, of 25 feet as
to one of the side yards and a combined total of 55 feet as to both
side yards (when considered together) .
1 Section 5 . Further, and without limitation as to the general
V approval and grant stated in section 2 . , the variance referred to
1 in the recitals of this resolution as the "third variance" is hereby
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granted. Such third variance, as hereby granted, shall be one allow-
ing an exception from the applicability of Section 6 .53 (a) (6) (a) of
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i ordinance no. 100, as amended, of City of Dania regarding the maxi-
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jmum dimension of any structure (or group of attached structures) in
--- a multi-building type of development. The section provides that the
maximum dimension of any structure (or group of structures) shall
not exceed 175 feet. Regarding the 62 . 49 acres , the variance or
special exception which is hereby granted regarding the construction
of structures (or a group of attached structures) on the tract is
one which permits and allows the maximum dimension of any structure ,
or building, constructed on the 62.49 acres to be 250 feet .
Section 6 . Further, and without limitation as to the general
approval and grant stated in section 2 . , the variance referred to
in the recitals of this resolution as the "fourth variance" is hereby
granted. Such fourth variance, as hereby granted, shall be one allow-
ing an exception from the applicability of Section 6 . 53 (a) (6) (b) of
ordinance no. 100, as amended, of City of Dania regarding the mini-
mum distance between buildings in a multi-family apartment develop-
ment project consisting of more than one apartment building. Such
section quotes an extensive formula which may be used to compute the
distance between buildings . The section then provides that the
1 distance between buildings shall be no less than 40 feet of the
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distance obtained by using the formula, whichever is greater. Regard-
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ing the 62 .49 acres , the variance or special exception which is
granted regarding a determination (or computation) of the minimum
tidistance between any (or all) buildings is one which shall disregard
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the application of the aforesaid formula and which does permit the
distance between buildings to be a minimum of 25 feet. The said
minimum distance limitation of 25 feet between buildings shall be
applied regardless of whether two buildings are considered in the
sense of the distance between the "end" of one building and the
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"side" of another building or the distance between the "end" of
j one building and the "end" of another building. Specifically, the
minimum distance permission which is hereby granted--25 feet be-
tween buildings--shall apply in every sense, or fashion, used to
relate the location of one building to any adjacent building.
Section 7 . That all resolutions or parts of resolutions ,
in conflict herewith are hereby repealed to the extent of such con-
flict.
Section 8 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED this 14th day of April , 1981 .
Al{ ��!
Mayor-Commissioner
Attest:
city Clerk-Auditor
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