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HomeMy WebLinkAboutR-1999-133 r 'f �� L t _/ �.. .. r, RESOLUTION NO. 133-99 A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY PHYLLIS DUBOW, PRESIDENT, J.E.R. INVESTMENTS, INC., FROM CHAPTER 28, ZONING, ARTICLE 28, SIGNS, SECTION 28.160— DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS, FOR PROPERTY LOCATED AT 215 NORTH FEDERAL HWY., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 28, Signs, sets the signage criteria for specific zoning districts within the City of Dania Beach; and WHEREAS, Phyllis Dubow, President of J.E.R. Investments, Inc., has applied for a sign adjustment(SA-VA232-98)to allow for a sign which is in excess of the allowed signage regulations in the Downtown Dania Beach Redevelopment Zoning District for property located at 215 North Federal Hwy., Dania Beach; and WHEREAS, the Planning &Zoning Board on June 16, 1999, recommended that the City Commission grant the sign adjustment request SA-VA32-98 based upon the criteria set forth in Article 28, Section 28.200, 'Relief from requirements; Sign Adjustment; Variances', 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 SA-VA32-98, for a sign adjustment from Chapter 28 Zoning, Article 28, Signage, Section 28.160—Downtown Dania Beach Redevelopment District Sign Regulations, a copy of which is attached as Exhibit"A" is approved and the appropriate city officials are directed to execute same. Section 2 . That SA-(VA-32-98) approved by the Dania Beach City Commission on July 13, 1999, includes the condition that Phyllis Dubow, President of J.E.R. Investments, Inc., agrees to properly maintain the existing trees on the property. Section 3. That That all resolutions or parts of resolutions in conflict with this resolution are 1 RESOLUTION NO. 133-99 f r t irI f I repealed to the extent of such conflict.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 THIS 13TN DAY OF July, 1999. t1/r M R-COMMISSIONER ATTEST: ROLL CALL: MAYOR BERTINO -YES �y VICE-MAYOR MCELYEA-YES SHERYL HAPMAN COMMISSIONER ETLING - YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER MIKES-YES APPROVED AS TO FO M AND CORRECTNESS: BY: THO AS 4AR CITY A RNEY Oawmen120 G6N FILESICLIENTSIOANIAI33 CONVERTEOIR-SA va32-98 jar investments Eac 0]IW199 2 RESOLUTION NO. 133-99 f r, r Y ,q x 1. ..1 r a :0 ` i {�• tT 7 J f r 'i [APPLICA�TTON NUMBER: CITY OF DANIA BEACH Date stamp SvA 3�'1� 100 DANIA BEACH,WEST DANIA FLORIDA 33CH 004 RD ^^��(954)921.8700 S'o���� APPLICATION FOR SIGN ADJUSTMENT The undersigned petitions the Planning and Zoning Board and the City Commission of the City of Dania Beach, Florida to consider a sign adjustment upon the parcel(s)of land described in this application. NAME OF APPLICANT:, t • 2 . I^\l Syk 'IS, tNJ� ADDRESS OF APPLICANT: 2 I S N Fe0 t{W C PHONE: °IZ,S -044/+ PROPERTY INTEREST OF APPLICANT: \ QQ NAME AND ADDRESS OF PROPERTY OWNER(IF NOT THE APPLICANT): ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: L.atS V) � Zo Les s 0f A. ZONING CLASSIFICATION: LOT SIZE: I OD I p1 AREA: I i uo PRESENT USE: �e PRESENTSIGNAGE: MOn�i ne^� DESCRIPTION OF THE SIGN ADJUSTMENT REQUESTED (INCLUDING SPECIFIC CODE SECTION REFERENCE): 21 , 1 6p S,r,N 1S A' x 9' LIST THE NAMES AND ADDRESSES OF ANY EXPERTS(PLANNER,ARCHITECT, ATTORNEY, ETC., IF ANY): PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A SIGN ADJUSTMENT 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 will consider this application: t. Descnbe how the sign will still maintain the basic intent and aesthetic improvement purposes of the sign regulations, particularly as it affects the appearance and compatibility with properties in the surrounding I areas. Sion IS "41 4 „/�L,TH o-, r -f 2. Describe how the signs permitted under this code cannot be adequately viewed due to physical site distinctions other than those imposed by City ordinances or created by the applicant. r]2 Sepb k �`K✓Me ter CAS ()i SQ -.p,T Z e �v Nk L3 c, 4 3. Describe how the architectural design of a structure or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of the sign article. 4. Describe how the structure or site configuration are unique, which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be erltltled to a sign. f_t4� ti�wNr vt� •b, �,4-� to tNo�o ��nFF � Problw. Cyr yt�,r.�cS 5. If the sign is an existing sign, describe the age of the sign and the extent to which the sign deviates from the existing code requirements, in addition to the criteria above. S. k bzAl V'�— Fr, �e Stq� irse� fir CD �..f1,�D HkSkorttAL Soc Ir ti d , tAJN, STATE OF FLORIDA S NA APPLICANT COUNTY OF BROWARD 2 The forgoing instrument was acknowledged before me on_S�i 9 4 9 1999 by $r\'fin as[title] for(name of entity] a Florida Corporation,who is emonalty known to me,or_producetl as identification. My Commission Expires: ° 4�" oghowc¢ r`MCormi>av LIC �V 6Wrrw Mw-12,2WO NmK FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. STATE OF FLORIDA SIGNATURE OF OWNER COUNTY OF BROWARD The forgoing instrument was acknowledged before me on 1999 by as(title] for(name of entity) as identification. a Florida Corporation,who is_personally known to me,or_produced My Commission Expires: NOTARY PUBLIC i f 1`— , R CITY OF DANIA.., 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 705/921-8700 ,1 APPLICATION ;LUMBER V�fr - 3 7�1� DATE ??LED APPLICATION FOR VARIANCE The undersigned Petitions the City ':ommission of the City of Dania, P to ride to consider the variance of the parcel s) of land described this application. in NAME OF 4PPLICANT: HIGHVIEW PROPERTIES, INC. ADDRESS OF APPLICANT: 215 N. FEDERAL HIGHWAY PHONE: 925-0444 PROPERTY INTEREST OF APPLICANT: FEE SIMPLE NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERT'Y:215 N. Federal Highway LOTS 17 and 20, LESS ROAD RIGHT OF WAY, AND THE EAST 30 FEET OF LOTS 18 AND 19, ALL IN BLACK 1, TORN OF MODELO, PLAT HOOK "B", PAGE 49 ZONING CLASSIFICATION: LOT SIZE:IO0XIO7 '�-- AREA: 10,700 PRESENT USE: DESCRIPTION OF THE VARIANCE(S) REQUESTED: RETAIN EXISTING SIGN WITH NAWS OF ATTORNEr^u LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT, .ATTORNEY, ECT. IF ANY): ROBERT E. DUBOW 215 N. FEDERAL HIGHWAY, DANIA, FLORIDA 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 there, 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. SIGN INSTALLED IN 1980. WITHOUT NAMES OF ATTORNEYS AND STREET:7UMBER CLIENTS WOULD HAVE DIFFICULTY FINDING BUILDING. COST OF CONSTRUCTI4IG AND INSTALLING SIGN WAS SUBSTANTIAL. SIGN IS SLIGHTLY ABOVE GROUND LEVEL ON CONCRETE FOOTER. SIGN IS CONSERVATIVE IN APPEARANCE AND DESIGN AND CONTAINS NO COMMERCIAL ADVERTISEMENT OR MESSAGE --ONLY NAMES OF ATTORNEYS SIGN IS LESS THAN 27 SQUARE FEET. PHOTOS ATTACHED. 4-0 ilt L .. / -r ?rOvlde evidence that the :nec,.al zonnit:ons ana a;rcumstances io not result from the actions of the applicant. THEY RESULT FROM THE CITY CHANGING THE SIGN ORDINANCE AND TRYING TO APPLY IT RETROACTIVELY. -. Describe how granting the requested varlancels) will not confer any special privilege nn the applicant that is denied by the Inning code to other lands, nuildings or structures in this same zoning district. ADJOINING PROPERTY ON NORTH AND SOUTH HAVE LARGE POLE SIGNS WITH ADVERTISING, ONE WITH NEON LIGHT. 4. Provide evidence that the literal interprets ion of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other propert See in the same zoning district and would work unnecessary and undue hardship on the applicant. ECONOMIC BURDEN TO REMOVE ANO REPLACE:CREATE HAZARD FOR PERSONS LOOKING FOR OFFICES IF No SIGN I$ VISIBLE. �. Oe scribe how the requested variance is the minimum variance. chat will make possible the reasonable use of the land, building or structure. FOR SAFETY SIGN MUST BE VISIBLE TO NORTH-SOUTH TRAFFIC ON U.S. 1 WITHOUT 3122"I SNO DRIVERS TO TURN AWAY FROM ROAD '1'0 SEE IT. 6. Explain how the grant )f the varianco(s) will be in harmony with the general intent and purpose of the zoning code, and that such variance(a) will not be injurious to the area involved or Other- wise detrimental to the public welfare. OUR SIGN WITHOUT MODIFICATION IS CLOSER TO CONFORMING WITH CURRENT ORDINANCES THAN SIGNS ON PROPE TY A LARGE POLE SIGNS WITH ADVERTISING. 7. Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. THE SIGN WAS INSTALLED NEARLY 18 YEARS AGO AND IS A CONSERVATIVE, PROFESSIONALLY �H - �- FOR ADDRESS AND THE WORDS LAw OFFICES. SIGN IS IDENTICAL TO SIGN USED FOR BR W !TOTE: ALL SIGNATURES MUST BE NOTAR4,fa OF THE D NIA CITY SIGNATURES Ho W OPERT]D' f P [loner BOW, l P[eaident Sworn to and subscribed hetore me this i-" day of MAY 199E ra _ �cezzv Commission Expires: 1,-12-c , .`bst w weeary Publlo e"-% r t6#wass sowf9n f T� Y, T _f I' J NOTICE OF PUBLIC HEARING OF THE CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board on June 16, 1999 at 7:30 p.m., and the City Commission on July 13, 1999 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any objections which might be made to a request, as follows: Petition No. SA(VA32-98) —A request by Phyllis Dubow, of J.E.R. Investments, Inc., located at 215 North Federal Hwy., Dania Beach, for a sign adjustment from Chapter 28, Zoning, Article 27, Signs, Section 27.160— Downtown Dania Beach Redevelopment District Sign Regulations. Mrs. Dubow is requesting that the present monument type sign be allowed to remain. Property is legally described as: TOWN OF DANIA B49 D LOT 17 LESS ST RD,18 E 10,19 E 10,20 LESS ST RD BLK 1 In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 203, at least 72. 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 based. LOU ANN CUNNINGHAM Location map on back Planning Technician PHN SAVA42-90 JEH WESJMENTS.a PUBLISHED; J"*IM f e i� d�IF�`� !If��lli � Z�li�llif�l!�, �I� III�IIII�• ' � ��� � � � FIRME10-fi -LIMPI Mon10 IIGiZI��' 1110: O5N'i►1�� dillli�llifii �Ullff �nrzI�n�e�l�i�r �uim� ��Il ill : ' ' ,� -- _. . , . Ell , MAW, miry �J7► ��fuT fr�1� i1! : ®ram . , a:. EVEN • 1 �1�AlJ is !►! L CIS SIM MEV MAEM .. �� ��► ��► ��� � ��� Ens !� � Mon mum Elm . . mm fir — v MAKE 111111111 • �i TIAW roll, Lj �I!�� �. _ "�!!� ®ILA ©® MAKE R r AGENDA REQUEST FORM CITY OF DANIA BEACH Date: July 2, 1999 Agenda Item#: 3eq Title: SIGN ADJUSTMENT REQUEST-SA(VA-32-98) Requested Action: REQUEST FOR SIGN ADJUSTMENT BY PHYLLIS DUBOW, PRESIDENT OF J.E.R. INVESTMENTS-215 NORTH FEDERAL HWY. Summary Explanation&Background: Exhibits(List): RESOLUTION MEMORANDUM SIGN ADJUSTMENT REQUEST PUBLIC HEARING NOTICE LOCATION MAP 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 JUNE 16, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ L f r r I MEMORANDUM r- TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-32-98 Dubow Sign Adjustment Date: July 6, 1999 When the new Sign Ordinance was being developed, the City Commission wanted to include a process for considering adjustments for individual property owners that was other than a variance procedure. In response to that desire the sign waiver process was developed. As is the case with a variance, this Planning and Zoning Board and the City Commission must review a sign waiver request; however, the standards of a variance are not to be applied. Phyllis Dubow has in behalf of JER Investments applied for sign waivers that would allow for the existing sign at 215 North Federal Highway to remain as it presently exists. The sign is subject to the Downtown provisions of the Sign Ordinance. It is a monument sign and subject to those particular requirements. In order for a property to have a monument sign in the Downtown District the building on the property must be set back twenty-five feet. It does not appear that the building on this property meets this requirement. Therefor the first sign waiver would be to allow the sign to remain on the property. In addition the sign does not meet setback or area requirements. So additional waivers will be necessary for the sign to remain as it is at its present location. The sign is thirty-six square feet and the maximum size allowed is twenty-five square feet. The sign in its present location does not appear to meet either front or side yard setbacks. If the sign is to remain waiver of both of these yard f L 6 requirements will be necessary. While the sign is very unobtrusive staff finds it difficult to support so many waivers from the code for one sign. Applicant indicates that the sign was erected in 1980 which would seem to indicate that the signs economic life has easily been reached. Staff supports the continued existence of a monument sign for this location but cannot support a request, which requires so many waivers to the Code requirements. The Planning and Zoning Board considered this request at their June 16, 1999 Meeting. As a result of their Public hearing on this request they recommend that the City Commission approve the sign waivers as requested. They feel that the sign as it presently exists meets the spirit as well as the intent of the sign regulations. i �r-