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Home My WebLink AboutR-1999-090 A N M O - � F, i � y 1 I / RESOLUTION NO. 90-99 A RESOLUTION APPROVING THE VARIANCE REQUEST BY TONY ALIAGA, OWNER OF ALIAGA ENTERPRISES, INC./EUROPEAN AUTO SERVICE, INC., FROM CHAPTER 28 ZONING, ARTICLE 6.21 OFF STREET PARKING REQUIREMENTS; CHAPTER 26, VEGETATION, SECTION 26-50, LANDSCAPE BUFFERING REQUIREMENTS AND CHAPTER 26, VEGETATION, SEC. 26-51, PERIMETER LANDSCAPE REQUIREMENTS FOR PROPERTY LOCATED AT 2180 SW 38TH STREET, DANIA BEACH; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 6.21 Off Street Parking sets the parking requirements for specific uses within the zoning code and Chapter 26, Vegetation, Section 26-51, sets the perimeter landscape requirements; and WHEREAS, Tony Aliaga, owner of Aliaga Enterprises, Inc. /European Auto Service Inc., has applied for a variance (VA-26-99) to allow for a reduction in the number of required parking spaces in connection with the construction of an auto body shop, office and storage facility and to allow for relief from the 5 foot buffering requirements for property located at 2180 SW 38'Street, Dania Beach; and WHEREAS, the Planning & Zoning Board on April 21, 1999, recommended that the City Commission grant variance request VA-26-99 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-26-99, for variances from Chapter 28 Zoning, Article 6.21 Off Street Parking Requirements and Chapter 26, Vegetation, Section 26-51, a copy of which is attached as Exhibit"A"is approved and the appropriate city officials are hereby directed to execute same. Section 2 . That petitioner, Tony Aliaga, owner of Aliaga Enterprises, Inc./European Auto Service, Inc., agrees to the additional conditions to said Variance (VA-26-99) as RESOLUTION NO 90-99 4�' -r follows: a. The landscaping will remain as submitted; b. That there will not be any street or swale parking allowed at the business by either an employee or customer. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 passage and adoption. PASSED AND ADOPTED THIS 11T" DAY OF MAY, 1I . R-COMMISSIONER A / ROLL CALL: MAYOR BERTINO- YES SHERYL OiiAPMAN VICE-MAYOR McELYEA-YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER ETLING-YES COMMISSIONER MIKES—YES APPROVED AS TO FORM AND CORRECTNESS: By: '). 6L THO AS . AN BRO CITY ATTORNEY 2 RESOLUTION NO 90-99 f t-- r, r. '1 CITY OF DANIA BEACH EDatestamp APPLICATION NUMBER: 100 WEST DANIA BEACH BLVD,�� DANIA BEACH, FL 33004 V� (954) 921-8700 X262 APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider the variance of the parcel(s) of land described in this application. NAME OF APPLICANT: AL\( GO C N�L• �P�� SL C� t�1[ I TO N ADDRESS OF APPLICANT: N4' 18l\ PROPERTY INTEREST OF APPLICANT:NAME AND ADDRESS OF PROPERTY OWNER: ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: UoT S ��a W��CiR PRESENT ZONING: LOT SIZE/AREA: Q-0 L, d t Y a� 1 fYsa PRESENT/PROPOSED USE OF PROPERTY:WC- g-t+., g Cg tTM ( 0 i 11O2opns (a i o ElLPc�\Ft WZ—n- Shop USE u DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): 11� VC -t S 4\ o •�C ..4.0� t].t �YQ �V. Sln t ub U'R � W eta �• Cloyo.` \Avt�Stn Wt�� .o.� Jo�' LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.ARCHITECT, ATTORNEY): 11 TCIn rro 15 �o(Ce<h \la t na,cl- Co n��n(�Oc v . w , 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 wi consider this application. �) Describe how special conditions and Circumstances exist which are peculiar to the land, structure or buildin, involved and which are not applicable to other lands, structures or buildings in the same zoning district. 5P(�,\('1l. G�rJ�t��o1.15 FCLC 'rHF7 Tk �x,J� ,•a., n vMNNCE MFLiCAT10N.a r 1, e.. '1 2) Provide evidence that the Special conditions and circumstances do not result from the actions of the applicant, --CIE ,a -ttE 7ti2vr--_� 3) Oescnbe how granting the requested vanance(s) will not confer an special civil eon the a denied by the zoning code to other lands, buildings or structures in this same zoning district PRE�LRv tip, Cxi N6 T PPlicant that is Ro P6RT RC <-5 0 !r7 E(�uiVgl C T S REOy RE �s Cv(R Ow NCP f OFo<EQN tab TNC- T 3raLK5 w f SRO?(.6t� I.iNES, � E C S' �tJ2) ESi SET6hLK5 lou U D S Not RC0,UIRE 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprive the appgc&11 of rights aommonty enjoyed by other ro erdes in the same zonin distract and would work unn hardship on the applkattt p P g ecewl and undue TD TN�C415� CAS " TDR o>JOiRuCiiorl W'Tt+ N` WGsT NqV _ CANS�6tu T� 1341E ,N6 WitH N a6loi ENE . t1CiC�HBORS R` NE3 An19 NAvE McT PRodiDEJ () t.ANJSC P6 0� E h'nOtJ 3 s�I< 5) Oescnbe how the requested variance is the minimum land,building or structure, vartence that wig make possible the C_ S5a- Spv qRE �LeT reaaMud"ua of the OF CONSTPU(_ 1 13 t5 TH NiT1v USF Nil P0.DV�D�NU fJC4ilCD FOR R ,N gRK�Nb SSAl.LS ' s T 11q)lihuh Rh04NC aT u E t+` L SCRv N� II, TREES s) Explain how the grant of the varian will be in coda, and that such variance(s) will not be injurious to Uie area imro theWed general intent detrim welfare. purpose of the Zoning W - 11(avE pRC-S erttal to tfte publk iHC- NV\ROh_NT 5q 1iNro JE o�`06 ATG StRucTuRE WHit F kEEP1N6 ZN> �XiSTSN6 T S N UK DIM% P DE P RKi JC STgI�S CIE �RONr (�N1� Ep _ qC oRD taV T4 T P4 ITN T E 5Pf(i i� To T N C CaD E 113CLL01 N 6 I N D',CA P A 17i hE N NS 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board it WE rev�y�this request 713 9,(-�>F_0.vE T 'NH�t,1C.� Tli r< i3TiN6 i � C�5 s� �vT.ip,E GEfJ�Rq IIJrvs A , NiLN WE NgvE N TUR6 Wl1iL iHPRov N(, r)T E NCi4 HgpR �i T --------- $E N PrJtiz {oR vci. M 11 This is to ce rtify that I am the owner of the subject land(s)described above in the petition for variance. applicable)I have also authorized the undersigned petitioner (Compfefe only if application for variance. to make and file this Ignature o' e Signature of Applicant(if not the owner) Street Address,City, State and Zip Notanzation as to the Owner. Swom to and subscribed before me this Notarization as to the Applicant day of L"4, y 9 . Swo to and subscribed before me this Note Public/ - day of�� c r� Notary Public - uhlinger Stamp: kCOmmiWOn#CC741235 == MOO 10,2002 Stamp: ArUMiCBONDING CO.,INC. L J r. MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-26-99 European Auto Date: May 4, 1999 The site of these requests is zoned industrial but until recently a single-family residence occupied it. The site is heavily wooded containing many mature oak trees. The applicant prior to developing a site plan for the project consulted with the City's Tree Consultant, Bill Tesauro, on maintaining the existing vegetation. The site plan that is included with this petition reflects the results of those preservation efforts. The landscape requirements for the City require a buffer strip to be placed around the perimeter of the property. At the same time the zoning regulations allow for a zero setback from the property lines on the rear and side yards. The applicant is requesting that he be allowed to use the zero setback provisions in order to maximize the use of his site. At the same time the building placement will allow him to preserve the existing mature oak trees. Staff believes that the applicant is attempting to meet the spirit of the City's development codes and obtain the best usage of his site. The applicant is also requesting that he be allowed to provide 16 parking spaces when 17 are required by the ordinance. Again this request is made so that the site plan will allow for the preservation of existing vegetation. This site is located within the area covered by the zoning moratorium. The moratorium would prohibit the establishment of this use among others. In order for this petition to proceed a variance must also be granted to the Moratorium Ordinance. RECOMMENDATION The Planning and Zoning Board recommends that the City Commission approve both of these variance requests. Staff supports this recommendation. Do eW 1 4-- r, r -7 NOTICE OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on April 21, 1999 at 7:30 p.m., and the City Commission on May 11, 1999 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 Blvd., Dania Beach, Florida, to consider the following proposed development request by Tony Aliaga, Aliaga Enterprises, Inc., owner of property located at 2180 SW 38' Street, Dania Beach. Petition No. VA-26-99 — Variance - Mr. 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.): 1) 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. 2) 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. Property is legally described as: 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. 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 Beach Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 202,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 Planning Technician 1 VA-26-99-European Auto Service L J t�- -r • D.R. �] L V `o I16D9( PLAT M-2 L 06E M- n 0 12 UKE o D IA au. BROWARD COUNTY N FLORIDA N �1 PM 'C' M1 LL o „ la p � � r . 7WP. 50 QQ SN" ST W Pw CLL "0 y S M RNG. 42 m OI a' =' RS SEC. 29 M m gl a j 1v ,. (h ST Li E �RAVENSWOOD Q. A F N — a HEIGHTS ' F RAVENSWOOD _ t� p a FLL AIRPORT � tt., C - )M-1 co I M-3 - $ ai NI REDEVELOPMENT (PLAT 2) --0G52 a o Pw. o g DANIA ,.=o, (159-19) D.1 AND C. AID BROWARD PROPERTIES of A—( 111-49) C-4 N r R-2 P-CEL Nv ! .> M-2 � B o (o, R VE WO D I F e 2 s c a 2 3 rn o0 3 rn <zna 3p r2 I O J i•na � LL R-1 = 01127 t.i25 3 21 4. - 0-25 m CIO I -r NOTICE OF PUBLIC HEARING BEFORE THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on April 21, 1999 at 7:30 p.m., and the City Commission on May 11, 1999 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 Blvd., Dania Beach, Florida, to consider the following proposed development request by Tony Aliaga, Aliaga Enterprises, Inc., owner of property located at 2180 SW 381" Street, Dania Beach. Petition No. VA-26-99 — Variance - Mr. 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.): 1) 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. 2) 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. Property is legally described as: 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 Countv 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. 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 Beach Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 202, 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. 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LoT l o °EL 4YIEM IOaLpW[aE HPIGLpIW M\e .IML\peC ' 1OSI.MaEP pl p.[a(M °a .¢I.aYllllplp N .MM M .Mpgryw IL .MNI¢iMpYC1R \W .1°atore[a..n e°4.lOMlpp),IWtL PP .I°vR,IIP! llUl.lIIYYBIIIp9aM Pnt .IPVABII R .p laWp M .IIp1f6w\I eR .alliLM tl6 .CNIEwML!/Af M/ .e pwxR 1¢a .ewpew LL! .IIIYM1fpY1[M ELEVATION NOTES: m :m�°RPorteemvi¢ +LIVING AREA LOWEST FLOOR EL.= 79a I D- IDMYEICA *LOWEST GRADE ADJACENT TO BLDG.= 740 NF=WID FII'IE °APPLICABLE DIAGRAM 2 IS I ¢� 'o'\�'�O/".L'; SCALE; DRAWN BY: � CHECKED BY:.�� RB.PB.�O/ ,7-5 JOB N0.9B_//� P SSOCIATED ENGINEERS&SURVEYORS OF SOUTH FLORIDA CORPORATION -- PROh� CONSULTMO ENGINEERS-LAND PLANNERSSURVEYORS FOR BKETCHOFSURV ALIAGA Y� TLIOPHONPirF N ROAD.SLATE FAX DAME.1-1332FLORIDA]]71� E%ISTWD TELPPIIONEI97q]9L7110 FA%19 71119 1-U71 INCORPORATED STRUCTURES J' i-