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Home My WebLink AboutR-1999-007 h r 7 t r oar d- f h I RESOLUTION NO. 07-99 A RESOLUTION APPROVING VARIANCE REQUEST BY MICHAEL MOGERMAN, REPRESENTING FESTIVAL FUN PARKS, OWNER OF PROPERTY COMMONLY KNOWN AS (GRAND PRIX RACE-O-RAMA), FROM CHAPTER 28 ZONING, ARTICLE 16.60 RELATING TO HEIGHT REQUIREMENTS FOR PROPERTY LOCATED AT 1500-1800 NW 1ST STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 Zoning, Article 4.20 "District Regulations"and Article 16.60 "Area Requirements— Height) of the Dania Beach Code of Ordinances sets the criteria for maximum height allowances in I-G and IRO Zoning Districts; and WHEREAS, Michael Mogerman, representing Festival Fun Parks, owner of property commonly known as (Grand Prix Race-O-Rama), located at 1500— 1800 NW 1 s' Street, Dania Beach, has applied for a variance (VA-58-98) which would allow the petitioner to construct an amusement ride on parcel 'A'of the Dania Office Park Plat, which is zoned IRO, known as the "skyscraper"at a fixed height of 160 feet and also to construct a roller coaster ride on parcel 'A' of the Commerce Center of Dania Plat, which is zoned IG, at a height of approximately 100 feet; and WHEREAS, the Planning &Zoning Board on December 16, 1998, recommended that the City Commission grant variance request VA-58-98 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, Zoning of the Code of Ordinances of the City of Dania Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 1 f r, f 7 r Section 1. That that certain application VA-58-98, for variances from Chapter 28, Article 4.20 "District Regulations" and Article 16.60 "Area Requirements—Height) 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, and the appropriate city officials are hereby directed to execute same. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 passage and adoption. PASSED AND ADOPTED THIS 12T" DAY OF JANUARY, 1999 �.L MAYOR-COMMISSIONER ATTEST: CLERK-AUlbrrOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY RESOLUTION NO. 07-99 2 f r r f AGENDA REQUEST FORM CITY OF DANIA Date: 01-06-99 Agenda Item#: 3 e Title: VA-58-98-VARIANCE REQUESTS BY FESTIVAL FUN PARKS Requested Action: REQUEST BY MIKE MOGERMAN, REPRESENTING FESTIVAL FUN PARKS TO ALLOW ROLLER COASTER AND SKYCRAPER RIDES WHICH EXCEED THE MAXIMUM HEIGHT ALLOWED FOR THE IRO AND IG ZONING DISTRICTS. PROPERTY IS LOCATED AT THE VACANT NORTHWEST PARCEL WEST OF THE GOLF COURSE AT 1700 NW 1ST ST. Summary Explanation&Background: THE REQUEST IS IN CONJUNCTION WITH A SPECIAL EXCEPTION AND SITE PLAN TO CONSTRUCT A WATER AMUSEMENT PARK ON THE SITE. Exhibits(List): RESOLUTION MEMORANDUM BY TERRY L. VIRTA,AICP-GROWTH MANAGEMENT DIRECTOR APPLICATION PUBLIC HEARING NOTICE/LOCATION MAP Prepared By: TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name &Phone) Recommended for Approval By: PLANNING AND ZONING BOARD 12/16198 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk t r h i r 7 f : MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-58-98 Grand Prix Festival Fun Parks Date: January 6, 1999 The applicant is seeking permission to increase the area of his enterprise so that parking might be expanded and a water park added to the site's offerings. The applicant desires to put a parking lot on the Florida Power and Light power line right of way. The Water Park will be constructed to the west of the existing miniature golf course. This is the area that in the immediate past has had the paint ball attraction as well as the magical village. As part of the current plans to upgrade the facilities, the applicant also wishes permission to construct a new ride at 160 feet. It will be located near the existing 200- foot ride located on the site. The new ride is called the "skyscraper". Additionally, the Water Park will feature a 100-foot roller coaster. Any variance approval should reference both facilities. The parking facility to be located on the power line easement will be planted with vegetation appropriate for the concerns of the overhead lines. The trees will be those that are of medium height when mature. Also plantings will be done in such a way that again vegetation will not cause any problems now or in the future for the power lines. RECOMMENDATION Staff recommends approval of all three requests without conditions. The plans as submitted fully comply with City requirements. The variance is similar to one granted some time earlier for the same general purpose. In fact it should have covered this request except that previous approvals had limited the site. The site is a logical and appropriate extension of the existing facility. Use of the right of way for parking actually maximizes the use of the land. The Planning and Zoning Board recommends to the City Commission that they approve the Special Exception, Variance and Site Plan for the Grand Prix Race-O-Rama under the condition that the applicant submit a schedule for removal of the sites existing billboards. Such a letter had not been received at the time this memo was drafted. cmmemmcraceorem58-W Eoc f r `t Now 30 e0 U2:47p Lnuann Cunninehmm 19e41 92226B7 p.2 CITY OF DANIA o 100 WEST DANIA BEACH BOULEVARD OANIA, FLORIDA 33004 / (Q 305/921-5/921-8 700 APPLICATION NUMBER DATE FILED APPLICATION FOR VARIANCE The undersigned pstltione the City Commission of the City of Dania, Florida to consider the variance of the parcels) of land described in this application. NAME OF APPLICANT, Festival Fun Parks, LLC ADDRESS OF APPLICANT: 1500 NW 1st St PRONE, 921-1411 PROPERTY INTEREST OF APPLICANT: Owner NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT), ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY.-.. 170n NW 1 r Oan, r —�,,, Stre,_et ZONING CLASS IFICATION,___--LOT SIZE,14.16 acrABEA: PRESENT USE: DESCRIPTION OF THE VARIANCE(S) REQUESTED, Height of 160' for amusement ride water 01& ride rollercoaster LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT, ATTORNEY, ECT. IF ANY): T m Labenthol 1314 E. Las Olas Blvd Ft. Lauderdale, FL 33301 PLEASE COMPLETE TRIS PORTION OF THE APPLICATION CAREFULLY. EACB REQUEST FOR A VARIANCE ANY OTHER PROPERTY. MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO 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, oving to special conditions, a literal enforcement of the zoning of the zoning code will result in unnecessary and undue hardship, I. 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 sane Zoning district. Subject site is an existing amusement park i- r L I r 'f Mau 30 99 02:47p Lcuann Cunningham (9941 2222587 p.3 2. provide evidence that the special conditions and circumstances do not result from the actions of the applicant. 9/A 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. This ite has the orooer zoning and land use for Commercial recreation Scecial exception applied for `.or water theme park. 4. Provide evidence that the literal lnterpretaion 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. N/A 5. Describe how the requested variance is the minimum variance that will make possible the reasonable use of the lands building or structure. 160' is the fixed hei he of the ride (Skyscraper) 100' is height of water park ride rollercoaster 6. Explain how the grant of the variances) 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. Sublect site is on existing amusement park new suDJect ride is within 25' of an existing 200' ride Water park will have similar type rides 7. Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request. NOTEt ALL SIGNATURES MUST BB NOTARIZED BY ORDER OF TUE DANIA CITY COMMISSION. S gnatuce o Pert oner Sworn to and subscribed before me this__day of 19 Notary Public Commission Expires: r s 7 PU;iLISHED DAILY FCRT -;JDERDAL=, tPOWARD COUNTY, FLORIDA -GCA PATOR, °AL:? :EACH COUNTY, FLORIDA MIAMI, JADE" CCUNTY, iLORIDA NOTICE OF PUBLIC HE" : , H BEFORE THE CITY hfOM THE CITY3TAT£ OF rL0 IDA NOTICE la DFDANIABECHFLORIDANEREBY VENII, th*CyCCOU" TY ;F '20JARO/PALI =EACi/CAJ' ITn4a0CPlMy of Oatw Beach.Flub omt to on o or aswnineraenr anyheaasthernattrmaou X-S £� Do _ III Condon a oueuc nearing In in Cityy Commnuon Maet 1 j N= 4 ]F 0 Room of Ine Dula each Cit Mtll. 100 Waal Dam; D U TH O R I T Y R S O N A L L Y A P P E eeacn eouwaro Dam,eaap,tYone1. to as,O m; ........... ... lollawin IWAIFutofu4 MOgeman.mere w4O CN JA7H SAYS THAallow agaFw ofrow"of u�is aaoranut ConupnA DULY AUT40PII ED REPRESENTATIVE OF iH lhOastmedmiue.as egdwinCspsr2a Z°"mg A"`°JEPgRTMFNT OF THE :UN—S.EN iI:JEL, DAILY Ina iccalt i'19 cOMwIM.Tna loattion blowf=a orcao E ;aPAPE ? ?J?LISHED I9 _ROWARD/PAL" 3EACH/OADE COPIIXRcawogimil"Bden(C-n"MWknneetl(I,", Prlk R FLOG IDA THAT T4E ATTACHED COPY :F A 0 V E RTIS EM EN T. slid DPIot10Conatiuoin eeurmw atdarkOnt the Us map Center of Dania.acprdl to the Plat Isu, L re- c r" a Platt FI 145,Page A of tM Public records 0 NOiICc JF °U3LIC HEARING erowra county Floods. p FYIM Fir e^p8-Rp opt aY Mlke Moprman.reMppfl�c ArtWa 10.80.Al rplrararlancaflom Ctt r2E:z. i N r H E �1 A iT E R O F fevp ompl aatrina a PM�11o�N(IInanu pulp Rres. mama,Ir DtaaarlY lop a IBM. 70O NN 1p 8L T11e pW requM that no DWalrq r anpaae anY afoefa r S C 5��4 "Pal Dreacnoad Or me FAA.and tMt no ounlWelk0qIt�sol taoaed elatynp 18 1 lea ar Iwe 161 alrre N M TA. patitbner Wlanp 10 come, N• M ( y .+ S=PMl at a hap nsgni o1.11 18p',wmm�llal pN1115•ppI tM emdm THE CIACJ:T CJURT, !AS OU3LISHED IN SA. w:�eiiRemlknoeatr ode ana Raaardpplr nee elm THE I S S U E S O F .D 'V E W S P Prowrty uDIealllgany Cmcnaee u P°ermp�I�A'«o`�°IM O:w B000k 130 Pege�78011file ouoell0off 11ea in Pie f :1/U 2, 1 ! 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