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HomeMy WebLinkAboutR-1977-229 (2) i i RESOLUTION NO. 229 A RESOLUTION AUTHORIZING THE GRANTING OF A VARIANCE PERMIT TO DANIA JAI ALAI PALACE, INC. , A FLORIDA CORPORATION, FOR THE CON- STRUCTION OF A PARKING LOT ON THE LANDS HEREIN DESCRIBED AS PARCEL "B" ; AND PRO- VIDING THAT ALL RESOLUTIONS, OR PARTS OF RESOLUTIONS, IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS RESOLU- TION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION WHEREAS, for the purposes of this resolution, Parcel "A" and Parcel "B" are defined as follows : Parcel "A" A parcel of land lying in Section 34 , Township 50 South, Range 42 East described as follows: Beginning at the Intersection of the South Right-of-Way line of N.E. 2nd Street and the East Right-of-Way line of Fronton " Boulevard, run Easterly 1050 feet, more or less, along the South Right-of-Way line of N.E. 2nd Street; thence run Southerly 330 feet, more w or less, along a line parallel to the East right- of-way line of Fronton Boulevard; thence run Westerly 1050 feet, more or less , along a line parallel to the South Right-of-Way line of N.E. 2nd Street, to the East Right-of-Way line of Fronton Boulevard; thence run Northerly 330 feet, more or less, to the Point of Beginning. Parcel "B" The East One-Half (E-1/2) of the Northeast One-Quarter (NE-1/4) of the Northeast One- Quarter (NE-1/4) of the Southeast One-Quarter (SE-1/4) , LESS the North 30 feet, LESS the East 35 feet, in Section 34 , Township 50 South, Range 42 East. Said land situate within Broward County, Florida, containing 4 . 31 acres, more or less . WHEREAS, Parcel "A" was zoned as "open space" classification under Ordinance no. 32 of the City of Dania adopted on March 2 , 1977; and WHEREAS , such "open space" classification applies to the north 330 feet of Parcel "B" ; and WHEREAS , all of Parcel "B" is owned by Dania Jai Alai Palace, Inc. and is an integral part of the overall tract commonly known as Dania Jai Alai Palace; and WHEREAS, there have been many complaints during recent years from adjacent property owners about patrons of the Jai Alai fronton parking on adjacent lands; and WHEREAS, in order to alleviate some of the complaints, Dania Jai Alai Palace, Inc. has applied to the city for a permit to pave Parcel "B" (containing approximately 4 . 31 acres) for i parking purposes; and WHEREAS, Clarke Walden, as attorney for Dania Jai Alai Palace, Inc. , has written a letter to the city commission dated September 12, 1977, outlining circumstances which indicate a strong possibility that the open space classification was assigned to Parcel "B" without the actual knowledge of Dania Jai Alai Palace, Inc; and WHEREAS, the city commission is anxious for Parcel "B" to be used for parking purposes, all to remove some of the objections of neighboring property owners about the traffic problems which —t exist during the fronton season; anO WHEREAS , inasmuch as the planning and zoning board is only *� an advisory board, it is not absolutely essential that the city i commission have the recommendation of the planning and zoning board; and WHEREAS, as a matter of fact, the city commission did not have the recommendation of the planning and zoning board when it assigned the open space classification to the fronton property; and -- WHEREAS, the charter of the city does not require that a public hearing be held by the city commission regarding the granting of a variance, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That City of Dania does hereby grant a variance, or exception, to its existing zoning ordinances so as to allow Dania Jai Alai Palace, Inc. to construct immediately a parking lot in the area described as Parcel "B" . Section 2 . That any recommendation from the planning and zoning board is hereby waived. Section 3 . That the building official is hereby ordered J and directed to grant an immediate permit to Dania Jai Alai Palace, _ 2 Win.;.... _.. Inc. for the construction of a parking lot on Parcel "B" , all on condition that Dania Jai Alai Palace, Inc. submit proper plans and specifications and on further condition that Dania Jai Alai Palace, Inc . pay all necessary fees required for the building permit. Section 4 . That all resolutions, or parts of resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 5. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this day of 1977. Mayor-Comm ssioner F Attest: City Clerk-Auditor Approved Err form and correct: veness By am&A City Attorney City of Dania, Fla. - 3 -