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Home My WebLink AboutR-1999-085 %"now s r, r 7 RESOLUTION NO. 85-99 A RESOLUTION APPROVING THE VARIANCE REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR TRAFALGAR ASSOCIATES, INC., FROM CHAPTER 28 ZONING, ARTICLE 6.21 OFF STREET PARKING, FOR PROPERTY LOCATED AT 400 EAST SHERIDAN STREET, ON TRACT"A"OF THE SWEDE LAND PLAT, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 6.21 Off Street Parking which sets the parking requirements for specific uses within the zoning code; and WHEREAS, Kevin Guthard, representative for Trafalgar Associates, Inc., has applied for a variance (VA-23-99) to allow for a reduction in the number of required parking spaces in connection with the construction of five—four-story/multi-family apartments (240 units) located at 400 East Sheridan Street, Dania Beach; and WHEREAS, the Planning & Zoning Board on April 21, 1999, recommended that the City Commission grant variance request VA-23.99 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: Section 1. That that certain application VA-23-99, for variances from Chapter 28 Zoning, Article 6.21 Off Street Parking Requirements of the Dania Beach Code of Ordinances, a copy of which is attached hereto and made a part hereof as Exhibit"A" is hereby approved. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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. I RESOLUTION NO. 85-99 f i R r, 7' —r b " r PASSED AND ADOPTED THIS 11T" DAYOFM 9CO COMMISSIONER ROLL CALL: SHERYL C APN MAYOR BERTINO- YES ACTING CITY CLERK VICE-MAYOR McELYEA-YES COMMISSIONER CALI - YES COMMISSIONER ETLING -YES COMMISSIONER MIKES—YES APPROVED AS TO FORM AND CORRECTNESS: By: THOMAS AN BRO CITY AT ORNEY z RESOLUTION NO. 85-99 f AGENDA REQUEST FORM CITY OF DANIA 00, (j�•�o) Date: 04-27-99 Agenda Item#: ` Title: VA-23.99—CALVIN,GIORDANO&ASSOCIATES,INC.—SHERIDAN 400 S Requested Action: PUBLIC HEARING-VARIANCE REQUEST Summary Explanation &Background: REQUEST BY CALVIN GIORDANO&ASSOCIATES, INC. REPRESENTING KEVIN GUTHARD, TRAFALGAR ASSOCIATES, INC., FOR A VARIANCE REQUEST FROM CHAPTER 28, ZONING, ARTICLE 6.21 OFF STREET PARKING REQUIREMENTS TO ALLOW THE PROJECT TO BE UBILT WITH 48 LESS PARKING SPACES THAN REQUIRED, THUS ALLOWING FOR MORE GREEN SPACE AREA. PROJECT IS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET APPROXIMATELY 691 FEET WEST OF SE 5TH AVE., COMMONLY KNOWN AS THE SWEDE LAND PLAT. Exhibits(List): RESOLUTION MEMORANDUM FROM TERRY L.VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR PUBLIC HEARING NOTICE LOCATION MAP APPLICATION Prepared By: TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name&Phone) Recommended for Approval By: PLANNING AND ZONING BOARD APRIL 21, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-23-99— Calvin Giordano &Associates Inc. —Sheridan 400 Date: May 4, 1999 The applicant is requesting a variance from the parking requirements for multi — family developments. The City standard is 2.2 space per residential unit and the applicant is requesting that they be allowed to build at a density of 2.0 spaces per unit. Staff would point out that this is a more commonly accepted parking standard. The applicant actually has sufficient room to accommodate the standard, however they wish to put the additional area into green space. The Planning and Zoning Board reviewed this request at their April Meeting. As a result of their Public Hearing on this item they are recommending its approval. Staff supports this recommendation. mmemava239 d. T-- A 7 f 'jar .< �n .u: cba Louann Cunningham 1954) 9222687 p. 6 CITY OF DANIA BEACH Date stamp Ar'PLIcgTION NUMBER: 100 WEST DANIA BEACH BLVD. VA-- a3-99 DANIA BEACH, FL 33004 � �7 4 5 (954) 921-8700 X262 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider the variance c the parcel(s) of land described in this application. NAME OF APPLICANT: TRAFALGAR ASSOCIATES, INC./KEVIN GUTHARD ADDRESS OF APPLICANT: 501 East Sheridan Street, Dania Beach, FL 33004 PROPERTY INTEREST OF APPLICANT: Developer NAME AND ADDRESS OF PROPERTY OWNER: ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: All of Tract "A" of SWEDE LAND, according to the plat thereof, as recorded in Plat Book 148/Page 14 of the Public Records of Broward County PRESENT ZONING: C-2 (proposed RIi-2) LOT SIZE/AREA: 9.913 Gross Acres, 9.121 Net Acres PRESENT/PROPOSED USE OF PROPERTY: Present use — Vacant land. Proposed use is a 240 unit multi—family development DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): Article 6.21 OFF STREET PARKING (USE /3) A variance to allow Provision of 2 parking spaces per dwelling unit where 2.2 parking spaces per dwelling unit are required This variance would permit 480 parking spaces (48 less than required) and result in greater green space. LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.ARCHITECT, ATTORNEY): She]le Eichner, Calvin Giordano & Associates Inc. (P anning S Engineering) Two Oakwood Blvd., Suite 120, Hollywood, FL 33020 (954) 921-7781 PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FORA 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 wil consider this application. 1) Describe how special conditions and circumstances exist which are peculiar to the land, structure or buildinc involved and which are not applicable to other lands,structures or buildings in the same zoning district. Due to Commissioners request at preliminary site plan public hearing to change to 2 spaces Rer unit to increase green space /-` VMMCE APPLI TION.W, V t— a f I r -i F .u: -aa � cuann Cunnini; ham (9541 9222687 p. 7 2\ Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. Originally had 2.2 spaces on plan presented to City Commission 3) Describe how granting the requested variances) 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. See #1 and 2 a) Provide evidence that the literal interpretation 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. See #1 and 2 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. Due to experience of other multi-family developments owned. 2 spaces are reasonable for this use 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 varfance(s) will not be Injurious to the area Involved or otherwise detrimental to the public welfare. By granting such variance, the development will increase and exceed the landscapin requirements which will enhance the overall development 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this request Other cities in Brovard County only require 1.5 spaces for 1 bedroom and 2 spaces for 2 bedrooms. This will make the project more consistent with updated planning and zoning codes. ------ --------------------------------------------------- This is to certify that I am the owner of the subject land(s)described above in the petition for variance. (Complete only if applicable)I have also authorized the undersigned petitioner KEVIN M. G01'BARD to make and file this application for variance. lgna ure at wner Signature 'cant(if not t w Street Address,City, State and Zip Notarization as to the Owner. Notarization as to the Applicant Swam to and subscribed before me this Swom to and subscribed before me this _day of_,_ T-1 day of �. ly Notary Public: Notary Public Stamp: Stamp: ••$9 Lou Ann Gunn "'N'• taw c0MiASslon#ncstiesr D0RES rebium 20,20M .,RA;�✓• 5GNCF97MWTAM fNNpyulwlCl,INb. ,. . . L f l`- r -r PUBLIC HEARINGS BEFORE / THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA Public hearings on the following petitions will be held by the City Commission of the City of Dania Beach, Florida on, Tuesday, May 11, 1999, on or after 7:30 p.m. in the City Commission room of Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida: 1) RZ-17-99 — Request by Calvin, Giordano & Associates, Inc. representing Kevin Guthard, Trafalgar Associates, Inc., for a rezoning request for property located on the north side of Sheridan Street, approximately 691 feet west of S.E. 5" Avenue in the City of Dania Beach. The request is to change the 9.913 acre site from it's current zoning designation of Commercial to a Residential Medium High —25 and is in conjunction with a site plan request to construct 5 - 4 story/multi-family buildings totaling 240 units. (Second Reading of Ordinance) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY KEVIN GUTHARD, REPRESENTATIVE FOR TRAFALGAR ASSOCIATES, INC., FOR PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA. AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF RM- 25 (RESIDENTIAL MEDIUM HIGH - 25), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 2) VA-23-99 - Request by Calvin, Giordano & Associates, Inc., representing Kevin Guthard, Trafalgar Associates, Inc., for a variance request to allow 2 parking spaces per dwelling unit where Chapter 28, Zoning, Article 6.21 Off Street Parking requirements call for 2.2 spaces. The variance would allow the project to be built with 48 less parking spaces than required, allowing for more green space area. Legally Described: All Of Tract "A" Of Swede Land, According To The Plat Thereof, As Recorded In Plat Book 148, Page 14 Of The Public Records Of Broward County Florida. Providing That All Resolutions Or Parts Of Resolutions In Conflict With This Resolution Are Repealed To The Extent Of Such Conflict; Further, Providing For An Effective Date. 3) VA-26-99 — Tony Aliaga would like to request the following variances in conjunction with the proposed construction of an auto body shop, office and storage facility, (European Auto Service, Inc.), located at 2180 SW 38" St., Dania Beach, FL. Chapter 28, Zoning, Article 6.21, Schedule of Off Street Parking Requirements. Mr. Aliaga is proposing a reduction in parking spaces to 16 parking spaces, where a total of 17.2 are required, so that a total of 12 oak trees can be preserved; and, Chapter 26, Vegetation, Sec. 26- 51. Perimeter landscape requirements for business, commercial and industrial properties. A five-foot landscape buffer shall be provided around the perimeter of the property except for areas required to provide landscape buffers in accordance with section 26-50. Such landscape buffer shall contain one (1) tree for each forty (40) linear feet and a row of hedges. Mr. Aliaga is requesting relief from the 5 foot buffering requirement and proposes to install additional landscaping in the front and year yards. Legally Described: Lot 5, Block 2 of Wilma Manors Subdivision according to the plat thereof, as recorded in plat book 31, page 4 of the public records of Broward County Florida. 4) Petition No. VA-16-99 — Variance request by Carmela M. Zito, 845 NW 10" Ave., Dania Beach from Chapter 28, Zoning, Article 4. District Regulations, Schedule of Lot, Yard and Bulk Regulations for the RS- 6000 zoning district. Mrs. Zito would like a variance for a shed to be placed on an existing slab which is 6.9 feet from the rear(15 feet required) and 4 feet from the south side (7 feet required.) f a Legally Described: Lot 20, B!k 1 "Dania Estates" accroding to the Plat thereof as recorded in Plat Book 57, at page 46 of the public records of Broward County Florida. ,opies of the proposal are available for viewing and purchase in the Growth Management Department, 100 West Dania Beach Blvd., Dania, 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 ordinance. 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 includes the testimony and evidence upon which the appeal is to be based. 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, FL 33004, (954) 921-8700 ext. 203, at least 72 hours prior to meeting. Lou Ann Cunningham Planning Technician f