HomeMy WebLinkAboutR-1998-184 RESOLUTION NO. 184-98
A RESOLUTION APPROVING VARIANCE REQUEST BY KEITH &
SCHNARS, REPRESENTING ELIAS GUNNELL 111. PRESIDENT OF
DERECKTOR-GUNNELL, INC., FROM CHAPTER 26, "VEGETATION',
ARTICLE IV LANDSCAPING AND CHAPTER 28, ZONING ARTICLE V"OFF
STREET PARKING REQUIREMENTS SECTION 33-211 AND 33-214;
PROVIDING FOR TEMPORARY PARKING IN THE FPL EASEMENT
I ADJACENT TO PROPERTY, WITHOUT INSTALLATION OF
LANDSCAPPING AND PAVING, FOR A PERIOD OF FIVE (5) YEARS
WHILE MARINA COMMONLY KNOWN AS DERECKTOR-GUNNELL, INC.
IS UNDER RENOVATION CONSTRUCTION. PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
iFOR AN EFFECTIVE DATE.
WHEREAS, Chapter 26, "Vegetation", Article IV, Landscaping of the Dania Beach
Code of Ordinances sets landscaping standards for areas designated as off street parking
areas; and
WHEREAS, Chapter 28, Zoning, Article V, "Off Street Parking Requirements,
Section 33-211 and 33-214 of the Dania Beach Code of Ordinances state requirements
I
for areas designated as off street parking areas; and
WHEREAS, Keith & Schnars, representing Elias Gunnell III, President of Derecktor-
Gunnell, Inc., for property located at 755 Taylor Lane, Dania Beach, have applied for a
variance (VA-56-98) which would allow the temporary parking in the FPL easement
adjacent to his property, without the installation of landscaping and paving, for a period of
five (5) years while the Marina commonly known as Derecktor-Gunnell, Inc., is under
construction / renovation; and
WHEREAS, the Planning & Zoning Board on November 16, 1998, recommended
that the City Commission grant variance request VA-56-98 based upon the criteria set
forth in section 10.13 of Article 10, of Chapter 28, Zoning of the Code of Ordinances of the
1
y
City of Dania Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
i
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-56-98, for variances from Chapter 26,
"Vegetation", Article IV Landscaping and Chapter 28, Zoning Article V"Off Street Parking
requirements, Section 33-211 and 33-214 of the Dania Beach Code of Ordinances, a copy
of which is attached hereto and made a part hereof as Exhibit "A" be and the same is
hereby approved.
Section 2 . That the petitioner has agreed, as a condition to the variance approval,
to donate $5,000.00 (Five Thousand Dollars) to the Tree Fund.
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
i
passage and adoption.
PASSED AND ADOPTED THIS 81h DAY OF DECEMBER, 1998.
MAYOR-COMMISSIONER
ATTEST:
ROLL CALL:
MAYOR CALI - YES
VICE-MAYOR ETLING -YES
"CITY CLER UDITOR COMMISSIONER BERTINO-YES
COMMISSIONER HYDE-YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
j� > 1
CITY ATTORNEY '
2
CITY OF DANIA
130 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
1
APPLICATION NUMBER DATE FILED
I
APPLICATION FOR VARIANCE
The undersigned petitions the City r_ommission of the City of Dania,
Florida to consider the variance of the parcel(s) of land described in
I this application.
{ NAME OF APPLICANT: Derecktor-Gunnell, Inc.
fj ADDRESS OF APPLICANT: 755 Taylor lane PHONE: 920-5756
PROPERTY INTEREST OF APPLICANT: Owner
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) :
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Plat Book 89 - Pace 21 Derecktor's South Plat
ZONING CLASSIFICATION: IG 2.2 AC
LOT SIZE: AREA:
PRESENT USE: FPL Easement
1 DESCRIPTION OF THE VARIANCE S) REQUESTED: TehpDraxy parking in FPL easement
/ for five (5) years while Marina. is under construction. Requesting variance from
landscaoe requirements and pavinq surface.
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
Arnold Fauns, P.E. 6500 N. Andrews Ave. Fort Lauderdale, rL 33309
Robert ticIntire, AIA 10001 NIP 50th, Suite 203G Sunrise, FL 33351
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a variance will
not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how 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.
Expansion of the Derecktor-Gunnell Marine Facility will require a large
staging area which will desplace existing parking. This request is for
,� temporary relief of the narking situation.
2. Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
Tile applicant is seekinq a variance to make temporary improvements within
an FRL easement. Tt3nporary use of this land for the purposes proposed will
not require the strict standards of the zoning erode.
3. Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code to other lands, buildings or structures in this same
zoning district.
The rcauest for variance from the standard parkin surface and landscaping is
I+ due to the temporary nature. 'Rte area is industrial and this use Could not
be inconsistent with adjacent storage areas in the industrial area.
4. Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
Surface and landscape standards are established for permanent facilities
There are no provisions for temporary parking in industrial areas.
5. Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the Land, building or
structure.
The parkin area is in and FRL easement and will be temporary in nature. The
request is to allow temporary improvements of the easemmnt and not full permanent
improvements typical with parking lots.
6. Explain how the grant of the variance(s) will be in harmony with
the general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area involved or other-
wise detrimental to the public welfare.
The requested variance is in a heavy industrial area not generally traveled by
the public. This proposed use is consistant with adjacent uses and heavy
industrial uses in the area.
7. Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
The request is to permit the expansion of a vital economic industry in Dania
To accomplish the expansion plans, the applicant is requisting a variance to
provide oarkinq while expansion plans are implemented.
NOTE: ALL SIr NATURES MUST BE NOTARIZED BY ORDER OF THE DA
CITY COMMISSION.
SL ure of rtioner
14,
Sworn to and subscribed before me this day of lY(�bbet 19Cfd
✓ ` / / /I,P/f& S
2,(�'U4iy Commission Expires:
JJ Notary Public
P•$"g••. h1gpCELLASJURNsss
• Ax
it• MY COMM159pN/CC 177864
1+' '•- EIPSES:JW 17,1BW I
s�?,,,.ATTT..'"�,„G, Bdi4E 1Mu 1bW/MbIhOMMsn I
FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE
_ AUTHORIZED KEITH S SCHNARS TO MAKE AND ILE
AFORESAID PETITION FOR VARIANCE. 7
S a re,o ner PRESIDENT
DERECKTOR GJANELL, INC.
775 TAY LANE DANIA, FLA. 33004
Street Pdress, City, state s Zip
(954) 920-5756
Telephone
Sworn
to and subscribed before me this20th day of October 1998
�00.. pMpa5s on Expires:
Notary Publ ertoioummxaamesr
OPYfJ:NY�7.IWi
tawnnrbtynetur�...
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans Sketches
Survey Fee
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA-S GROWTH MANAGEMENT
DEPARTMENT.
I
ACCEPTED BY:
.J
4
AGENDA REQUEST FORM
CITY OF DANIA
Date: 12-02-98 Agenda Item#:
Title: J •
i
VARIANCE VA-56-9B AND SITE PLAN SP-57-98 DERECKTOR -GUNNEL, INC.
Requested Action:
Public Hearing of Variance VA-56-98 and Site Plan SP-57-98
I
Summary Explanation &Background:
Request by Keith and Schnars, representing Derektor Gunnel, Inc. for property located at 755
Taylor Lane for renovations to the existing master site plan. The petitioner is requestinig a
variance to allow for temporary off-site without providing landscaping or paving.
Exhibits (List):
i Resolution
Memorandum from Terry L. Virta, AICP-Growth Management Director
Applications for Variance and Site Plan
Public Hearing Notice
Location Map
Site Plans
Purchasing Approval:
Prepared By:
Terry L. Virta, AICP-Growth Management Director
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
Planning and Zoning Board 11116198
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
III
MEMORANDUM
i
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: Va-56-98 & SP-57-98 Derecktor-Gunnel Inc.
Date: December 2, 1998
Derecktor-Gunnel, Inc. has requested site plan approval to rehabilitate
their site and to add to their facilities. As a part of their project they are asking for a
temporary variance for their parking. They wish to construct temporary off-site parking
with out providing landscaping or paving.
As construction and reconstruction are occurring on the site the existing parking
areas will be used for the staging of construction. As a result they will need to provide
additional parking. They have secured permission from FP&L to temporarily place
parking on their power line right of way. As the parking will be temporary they are
requesting those requirements for landscaping and paving be waived.
The site plan was reviewed by the Fire Marshal. As a result of his review he has
offered the following comments:
The dedication of a Fire Lane and proper signs and striping will be required per
SFBC 5211.2 (g)(2)(ii), (kk)(ll) at:
1) The North & East side of proposed N.E. building
2) West side of proposed building, west of the existing boat repair building.
Fire access roads to be marked in accordance with SFBC Ch. 52, 5211.2 (kk)
for the East and West entry back to the new elevator of existing building
locations.
Staff has reviewed the request and recommended that the variance request be
granted. Although it could be argued that the hardship is self imposed it is at the same
time not practical to carry on the improvements to the site with the existing parking
remaining. Therefor it appears that there are sufficient justifications for the granting of
this request. The Planning and Zoning Board suggested and the applicant concurred
that if the use were to last beyond the five years that the site would be landscaped.
The applicant is also proposing to make some additions to the site. They are
t proposing to construct a 200-foot by 50-foot boat elevator. The addition of this facility
will allow them to work on significantly larger vessels. This improvement will result in a
significant improvement to the economy of Dania Beach. They are also proposing to
build some small additional 10,000 square feet of buildings. The site presently contains
slightly over 126,000 square feet in buildings.
The Planning and Zoning Board recommends that the City Commission approve
the variance as requested. The Board also recommends to the City Commission that
they approve the proposed site plan.
I
NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA
` REGARDING THE FOLLOWING
VARIANCE REQUEST
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida on, Tuesday,
December 8, 1998 at 7:30 p.m., or as soon thereafter as the matter may be heard, will conduct a public
hearing in the City Commission Meeting Room of the Dania Beach City Hall, 100 West Dania Beach
Boulevard, Dania Beach, Florida, to consider the following proposed request for variance:
Petition No. VA-56-98 — A request by Keith and Schnars, representing Elias Gunnell III, President of
Derecktor-Gunnell, Inc., for a temporary 5 year variance from Chapter 26, Vegetation, Article IV Landscaping,
and Chapter 28, Zoning, Article V. Off Street Parking Requirements, Sec. 33-211 and 33-214. The petitioner
would like to request that he be allowed temporary parking in the FPL easement adjacent to his property,
without the installation of landscaping and paving, for a period of five (5) years while the Marina commonly
known as Derecktor-Gunnell, Inc., in under renovation construction.
Property is legally described as: The NW '% of the NW '/, of Section 35, township 50 South, Range 42 East
less the North 295 Feet, and Less that Certain parcel described as follows: All that part of the East 531.80
feet of the NW % of the NW '% of said Section 35-50-42 lying north of the north right-of-way line of the Dania
1 Cut-Off Canal, less therefrom the North 345 Feet. Said lands situate in Broward County Florida.
Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West
Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday.
Interested parties may appear at the public hearing and be heard with respect to the proposed petition.
accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Marie Jabalee, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL
33004, (954) 921-8700 ext. 202, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the City Commission with regard to any matter
considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to
ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
Lou Ann Cunningham
Administrative Assistant
PHN va-5&M derKMorqunnell.dw
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