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Home My WebLink AboutR-1999-009ow r, -r F �� .. r �--- r i IV� RESOLUTION NO. 09-99 A RESOLUTION APPROVING VARIANCE REQUEST BY HERB GREEN, PROJECT ENGINEER FOR AVID ENGINEERING, INC., REPRESENTING MARK SHELDON OF REGAL VENTURES, INC. / PUBLIX, FROM CHAPTER 26, SECTION 26.50 (B) AND CHAPTER 28, ZONING 6.64 IN RELATION TO CONSTRUCTION OF A PUBLIX SHOPPING CENTER AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND SW 31ST AVENUE. PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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 26, Section 26.50 (B) (1) of the Dania Beach Code of Ordinances states the buffering requirements for commercial uses when they abut a residentially zoned area; and WHEREAS, Chapter 28, Zoning 6.64 of the Dania Beach Code of Ordinances sets Commercial Design Guidelines pertaining to roof design; and WHEREAS, Herb Green, Project Engineer for Avid Engineering, Inc., representing Mark Sheldon of Regal Ventures, Inc. / Publix Shopping Center, has applied for a variance (VA-48-98) which would allow the existing six (6)foot high masonry wall be used to satisfy the buffering requirements stated in Chapter 26, Section 26.50(B)(1) and that they also be allowed to construct the proposed Publix building using a "Parapet Roof' in lieu of the required peak roof as stated in Chapter 28, Zoning 6.64; and WHEREAS, the Planning &Zoning Board on November 16, 1998, recommended that the City Commission grant variance request VA48-98 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 1 f /r— Y, T 7 I' CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-48-98, for variances from Chapter 26, Section 26.50 (b) and Chapter 28, Zoning 6.64 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 repeated 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. ATTEST: Ih MARIE JABALEL JIM CALI CITY CLERK MAYOR-COMMISSIONER ROLL CALL: MAYOR CALI -YES APPROVED AS TO FORM AND VICE-MAYOR ETLING-YES CORRECTNESS: COMMISSIONER BERTINO-YES COMMISSIONER HYDE -YES COMMISSIONER MIKES-YES TH— O S. ANSBRO CITY ATTORNEY 2 f L �r— r -r / AGENDA REQUEST FORM CITY OF DANIA Date: 12-02-98 3 Agenda Item#: Title: VARIANCE VA-48-98 AND SITE PLAN SP-49-98 PUBLIX/REGAL VENTURES, INC. Requested Action: Public Hearing of Variance VA-48-98 and Site Plan SP-49-98-CONTINUED FROM THE DECEMBER 8, 1998 REGULAR COMMISSION MEETING Summary Explanation&Background: Herb Green, Avid Engineering, Inc. representing Regal Ventures, Inc. for property located along Griffin Rd. and SW 31st Avenue for the Development of a Publix Shopping Center. The petitioner is requesting variances from the landscaping code along the south property line as well as from the commercial design guidelines pertaining to pitched roofs. Exhibits(List): 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 11/16/98 Commission Action: Passed E] Failed ❑ Continued ❑ Other ❑ Comment: Z�-- a� r, I Lou WRST D CIY OF DANIA ANIA OEACII BOULEVARD DANIA, "-ORIDA 33004 1/ ,�/y,�xr 3U5/9921-0700 APPLICA'i'ION NUMBER V A •+� " q6f Sq /(a, ri b DATE FILED J APPLICATION FOR VARIANCE The undersigned petitions the City Commission Florida to consider the va r lance of the this application, parcel soE the city of e ( 1 of .land describbedd l In(n NAME OF APPLICANT! Herb Green, Avid Engineering, ADDRESS OF APPLICANT17575 Dr. Inc. Phillips N245 Orl. FL. PIIONE11407) 248-OS PROPERTY INTEREST OF APPLICANT: Project Engineer NAME AND ADDRESS OF PROPERTY OWNER (IF NO'P THE APpLiCANT):Nark Sheldon- Re al Ventures, Inc., 2454 McMullen Booth R g Rd Bid- ADDRESS AND LEGAL DESCRIPTION + N409• Clearwater survey 337! for legal descri tion a d S�eJ ECT PROPERTYlPlease see plan for location map, ZONING CLASSIFICATION, DB-3 PRESENT USE! Vacant LOT SIZE1-_AREA! 214, 013 DESCRIp'rION OF 'TIIE VARIANCE (S) REpUESTED1 Use the existln high masonary wall to sa t(sf g six foot area. Y the required wall between residential LIST 'TIIE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER ATTORNEY, ECT, IF ANY)t ! ARCIIITECT, N/A PLEAsr TE THIS REOUES'r FOiRRA VARIANCE MUST)STAND OON OF N 1(TS OWN MERITS CAREFWITHOUL REGARD 1'0 ANY 01'IIER PROPERTY, CAREFULLY, EACII The following questions pertain to the etriteria Commiss/on and planning and Zoning Board consider if not be contrary to the spO^ 1+h lch the City conditions! a lltetal Public interest w a variance will will result In enforcement of the here! owing unnecessary and undue zoning of th zoning 1• Describe how hardship, g code Peculiar to special conditions and clrcumstances not applicable the land, structure or building exist which are 'loot ailet to other lands) structures o Involved and which are c buildings In the same residential area. There exists a 6• CFIU wall between this project and the f r ' r 7 r� 7 2. Provide evidence that the special conditions and circumstances do not result from the actions of the applicant, The wall is existing. J. Describe I,ow granting tl,e 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 wall would satisfy the requirement of need 6' wall buffer to residential areas. 4. Provide evidence that the literal interpretalon of the provisions of the zoning code would deprive the applicant of rights commonly enjoyed by other properties in tl,e same zoning district and would work unnecessary and undue hardship on the applicant. The applicant should be allowed to make good use of existing facilities. 5. Describe how tl,e requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. N/A 6. Explain [low tl,e grant of the varlance(sl 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 tl,e public welfare. There is familiarity of the existing wall and to continue its use would be least impactive. 7. Please add any other comments which may ass lst tl,e City Commission and the Planning and Zoning Board In reviewing this request. None NOTE: ALL SIGNATURES MUST BE NOTARIZED BY RDER TILE DANIA CITY COMMISSION. S na c ve t e��ner -- Sworn to and subscribedbefore me this day of$r �p �r )g�� h l C mmles ion Expires, Motacy Publ c y ANDREA L SUTTDN F suaa Nleqe.kl�aa. �`C n16ld/6'l1� L .. f T-- 7 CITY OF DANIA 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 /1 305/921-8700 APPLICATION NUMBER VA--L 'CY S f' DATE FILED APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania, Florida to consider tl:e variance of the parcel(s) of land described In this application. NAME OF APPLICANT:IIerb Green- Avid Engineering, Inc. ADDRESS OF APPLICANT:7575 Dr. Phillips 0245 Orl, FL PlIONEs (907) 24E-05 PROPERTY INTEREST OF APPLICANT:Project Enigneer NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT)t Mark Sheldon- Regal Ventures, Inc., 2454 McMullen Booth Rd., Bld. B, X409, Clearwater ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: Please see 337 survey for legal description and site plan for location map, ZONING CLASSIFICATION: DB-3 �60T SIZEt AREA:214, 013 sf PRESENT USE: Vacant DESCRIPTION OF 'TIIE VARIANCC(S) REQUESTED: Parrapet roofs in lieu of Peak roofs. LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCRITECT, ATTORNEY, CCT. IF ANY) : Project Architect, Fisher and Associates, Inc. (813)443-4436 Bill Fisher PLEASE COMPLETE THIS PORTION OF rNe APPLICATION CAREFULLY. REQUEST FOR A VARIANCE MUST STAND ON ITS EACH 11E RITS 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. 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 same zoning district. The propsed buildings require compressors, motors, and fans to be placed atop the roof for refrigeration, f r 7 r • 2. Provide evidence that the special conditions and circumstances do not result from the actions of Elie applicant. The refrigeration requirement has no reflection to the applicants actions. I 1. Describe how granting the requested varianceis) 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 applicant seeks variance to build parrapet roof and hide the roof equiptment, therefore no special priviledge would be perceiver 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 ti,e applicant. The fire code limits motors, comressors, etc. within enclosed roofs, and to construct additional buildings would be space and cost prohibitive. 5. Describe how Elie requested variance Is the minimum variance that will make possible the reasonable use of the land, building or structure. The most effective location for this equiptment would be the roof and it would be unreasonable to construct additional enclosure buildings to locate this equiptment. 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 varlanceis) will not be injurious to the area involved or other- wise detrimental to the public welfare, The proposed parrapet roof would allow the buildings to hide the equptment and maintain building aesthetics. 7. Please add any other comments which may assist tl,e City Commission and the Planning and Zoning Board in reviewing this request. None NOTE! ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF IIE DANIA CITY COMMISSION. e t oner Sworn to and subscribed before me this 16 Mday of a trr6er 19 9d' Commission Expires- ,otary Publ�— ANDREA L surroN M,�fthAyly�y Cm scc Sd„M i n r 7 3 FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY! THIS IS TO CERTIFY THAT I AM TIIE OWNER OF TUE SUBJECT LANDS DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT I HAVE AOTNORIZED TO MAKE AND FILE THE AFORESAID PETITION FOR VARIANCE. S gnature of Owner Street A ress, C ty, State 6 Z p Telephone Sworn to and subscribed before me this day of iq Commission F,xpires! Notary Publ c TO BE COMPLETED BY OFFICE STAFF ONLY MATERIALS INCLUDED Plans Sketches Survey Fee List of Adjacent Property owners TIIIS FORM TO BE FILED WITH TIIE CITY OF DANIA'S GROWTII MANAGEMENT DEPARTMENT, ACCEPTED BY: f ' r NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION OF THE THE CITY OF DANIA BEACH, FLORIDA REGARDING THE FOLLOWING VARIANCE REQUEST NOTICE IS HEREBY GIVEN that the City Commission on 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 Variance request. Petition No. VA-48-98 —A request by Herb Green, Project Engineer for Avid Engineering, Inc., representing Mark Sheldon of Regal Ventures, Inc., for the following variance requests: 1) Variance from Chapter 26, Vegetation, Section 26-50 (b)(1) which states that when any business or commercially zoned or used property, directly abuts on a residential zoned or used property, (without separators between them such as a street, alley, canal or other public open space) then the business or commercially zoned or used property must provide a six-foot masonry wall or solid wooden fence five (5) feet off of the residential zoned or used property. The petitioner is requesting that the existing six foot high masonry wall be used to satisfy this requirement. 2) Variance from Chapter 28, Zoning, 6.64. Principal Arterial Commercial Design Standards Overlay, (4d) which states that roofs shall be pitched with generous overhangs. The roofing shall be incombustible material such as shingle, clay tile, cement tile, or metal. The petitioner wishes to construct a "Parapet Roof' in lieu of a peak roof on the Publix building. Property is legally described as: A portion of Parcel "A" Banyan Oakridge Commercial Plat" according to the Plat thereof, recorded in Plat Book 157, Page 3 of the public records of Broward County Florida, being more particularly described as follows: Begin at the most easterly northeast corner of said parcel "A", (Said point also being on the westerly right-of-way line of southwest 31" Avenue); Thence south 00 degrees 18 minutes 53 seconds west along the east line of said Parcel "A" and said west right-of way line, a distance of 341.62 feet; Thence north 87 degrees 30 minutes 47 seconds west, a distance of 582.36 feet; Thence north 00 degrees 02 minutes 48 seconds east, a distance of 346.07 feet to a point on the north line of said parcel "A"; Thence along said north line the following seven (7) courses and distances. 1) North 00 degrees 09 minutes 23 seconds west, radial to the next described curve concave to the north, a distance of 12.00 feet; 2) Easterly along the arc of said curve having a radius of 7055.00 feet, a delta of 01 degrees 28 minutes 37 seconds and an arc distance of 181.85 feet; 3) North 88 degrees 21 minutes 56 seconds east, a distance of 74.14 feet; 4) South 77 degrees 44 minutes 54 seconds east, a distance of 50.00 feet; 5) North 88 degrees 21 minutes 56 seconds east, a distance of 68.29 feet; 6) South 87 Degrees 30 minutes 47 seconds east, a distance of 181.71 feet; 7) south 43 degrees 35 minutes 37 seconds east, a distance of 41.61 feet to the point of beginning. (Containing 214,013 square feet). 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. In 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 f r ' r 7 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 based. Lou Ann Cunningham Administrative Assistant L f