HomeMy WebLinkAboutR-1999-114 F�
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RESOLUTION NO. 114-99
A RESOLUTION APPROVING THE VARIANCE REQUEST BY RONALD AND
STACEY FONTES, OWNERS OF AMERICAN CRANES, INC. I MATERIAL
HANDLING, FROM CHAPTER 28 ZONING, ARTICLE 4, SCHEDULE OF LOT,
YARD AND BULK REGULATIONS; CHAPTER 26, VEGETATION, SEC. 26-50.
(a) AND (b) LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING
BUSINESS,COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL
PROPERTY, FOR PROPERTY LOCATED AT 720 SW 4T" CT., 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CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER,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 4 sets the
schedule of lot, yard and bulk regulations for properties within the City of Dania Beach and Chapter
26, Vegetation, Sec. 26-50 (a) and (b) set the landscaping requirements for areas separating
business, commercial and industrial property from residential property.; and
WHEREAS, Ronald and Stacey Fontes, owners of American Cranes, Inc. / Material
Handling, has applied for a variance (VA-36-99) to allow for relief from the 30'front yard setback
requirement by allowing him to utilize a V front yard setback, relief from the required 10' landscape
buffer, allow the proposed placement of landscaping in mitigation on the east FEC right of way
easement, and provide relief from installing a 6' masonry wall, and allow an 8' masonry wall in its
place, at his property located at 720 SW 411 Ct., Dania Beach; and
WHEREAS, the Planning & Zoning Board on May 19, 1999, recommended that the City
Commission grant variance request VA-36-99 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-36-99, for variances from Chapter 28 Zoning,
Article 4, Schedule of Lot, Yard and Bulk Regulations, and Chapter 26, Vegetation, Section 26-50
(a) and (b) Landscaping Requirements for areas separating business, commercial and industrial
property from residential property, a copy of which is attached as Exhibit"A" is approved with the
I RESOLUTION NO 114-99
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following conditions:
a) That the petitioners, Ronald and Stacey Fontes, owners of American Cranes,
Inc. / Material Handling, agree to pay the City of Dania the amount of$4,000.00 for landscaping
improvements to be expanded along the entirety of SW 4' Avenue, between the railroad tracks and
residential community;
b) That the petitioners, Ronald and Stacey Fontes, owners of American Cranes, Inc.
I Material Handling, agree to add a climbing vine type of plant to the proposed masonry wall along
the eastern portion of the property to reduce noise impact on the residential community.
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 8" DAY OF June, 199 .
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YAR—COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
VICE-MAYOR MCELYEA-YES
SHER CHAPMAN COMMISSIONER ETLING -YES
ACTING CITY CLERK COMMISSIONER CALI -YES
COMMISSIONER MIKES- NO
APPROVED AS TO FO M AND CORRECTNESS:
BY: "OAS 0 AS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO 114-99
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02/. 5/14 SAT 00:27 FAX
� Date stamp
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CITY OF DANIA BEACH
100 WEST DANIA BEACH BLVD.DANIA BEACH, FL 33004
(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: Amer' -an Cranes Inc.
ADDRESS OF APPLICANT: 720 S.W. 4th Court, Dania, Florida 33004
PROPERTY INTEREST OF APPLICANT. Owner
NAME AND ADDRESS OF PROPERTY OWNER: American Cranes, Inc.
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 720 S.W. 4th
B ock 3
Court, Dania, F1. 33004 ; Lots 5 through 10�
first addition
cc lege tract, Plat Book 22, Page 10 OTSIZEIAREA:AR° °k 1 160 e� s° ftt
PRESENT ZONING: T� —
PRESENT IPROPOSED USE OF PROPERTY'.
Present: Assembly / light fabrication o
hoist'..:/cranes . . Proposed same
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
Sec. 4.202 re uirin 30 front and setback re osed setback 1 '
Sec26-50(a) requiring 10' landscape buffer; proposed p
o an scaping — mi iga ion on E. F C RY Y Basemen
Sec 26-50(b) ( 1 ) re uirin 6' masonr wall. ro osed 8' masonr
wa .
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY)'.
William D. Tucker Es uire 735 N.E. 3rd Avenue Ft Laud, F1 954-453-4
Randall Keller 999 East Oakland Park Blvd. Ft. Laud Fl. 954-566-87
Kim Zimmerman, Architect 1314 E.Las Olas #102 Ft. Laud Fl. 954-522-66
THIS PORTION OF THE APPLICATION
VARIANCE MUST S CAREFULLY.
TAND ON ITS OWN MER TS WITHOUT R GARD 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.
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.
SEE EXHIBIT "A" ATTACHED HERETO
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02/1.5/14 SAT 00:27 FAX
z) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
SEE EXHIBIT. "A" ATTACHED HERETO
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.
SEE EXHIBIT "A" ATTACHED HERETO
4) 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 EXHIBIT "A" HERETO
5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
SEE EXHIBIT "A" ATTACHED HERETO
5) Explain how the grant of the vanance(s)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 otherwise
detrimental to the public welfare.
SEE EXHIBIT "A" ATTACHED HERETO
7) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request.
SEE EXHIBIT "A" ATTACHED HERETO
yThis 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
to make and file this application for varianc
HIV
SIGNATURE OF APPLICANT
STATE OF FLORIDA
COUNTY OF BROWARD The forgoing instrument was acknowledged before me on 5 ,1999 by /2iw41 J G- `r/AK f
as[title)�,�Cc for[name of entity] !�etA� _
C fpNr�_,a Florida Corpord)jon,who is X oersonallY known to me,or_produced
as identification. �••�•• m D.Tucker
a 4•`? My COMMISSION M CC658238 EXPIRES
��. ;a; June 23.2001 NOTARY PUBLIC
My Commission Expires: '.,g,or,yJr,:' eoNoro n�nu rear ru�uauruxcr.ixc
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EXHIBIT "A"
TO APPLICATION FOR VARIANCE
BY AMERICAN CRANE, INC.
Applicant American Cranes, Inc.
Property Address 720 SW 4ih Court, Dania, FL 33004
'Fax Folio Numbers 51-41-03-35-0210 and 51-41-03-35-0190
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 property's unique trapezoidal shape and configuration imposes upon the Applicant
special design considerations and unique restrictions not found in other properties in this same
zoning district For example the property's southerly property line is only sixty feet wide and the
northerlv boundary is one hundred and fortv feet wide If all set back restrictions were literally
enforced.Applicant could not build any structures on the southerly portion of its property
because it is so narrow. The only access to the property is on the northeast and southeast corner
FEC railroad tracks so that Applicant can only expand at the mid-point of the property. Due to
the propertv's peculiar configuration, applicant is limited in location that any additions can be
constructed to the existing buildings In addition, and unique to this property, this property has
approximately 470 lineal feet along the Florida East Coast Railway The railwav bed is elevated
approximately tour feet above the surrounding elevation which necessitates the eight foot wall
so as to prevent vandals from throwing rocks and otherwise gaining visual access to the property
via the elevated railwav bed.
2. Provide evidence that the special conditions and circumstances do not result from the
actions of the applicant.
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With the exception of the recently vacated roadway easement alone the easterly property
line. Applicant did not cause the property to be in its current configuration. The existings
buildings were on the property when Applicant purchased the propertyi n September, 1998..
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.
A number of other properties in this same zoning district contain structures within the
setback alone the railroad, and thus 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. Applicant has submitted along with this application photographs of
these other properties with improvements within the required setback along the railroad tracks..
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.
Without the requested variances Applicant cannot expand his business and put the
property to its highest and best use, a right commonly enjoved by other properties in the same
zonin district. In addition, other properties alone the railroad have buildings and security walls
within the setback. In fact. it appears that the only properties along the FEC railroad have the IR
zoning designation. Manv, if not most of the properties in the IR zone have structures in the
setback. Due to the nature of Applicant's business and the current configuration of buildings on
the property Applicant can only expand its buildings as set forth in the submitted site plan.
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5. Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land. building or structure.
Applicant seeks a variance of the thirty foot set back line only along the easterly boundary
of the pro ertv in order to construct a sorely needed 4,750 square foot assembly facility addition
to an existing building.
Applicant seeks a variance to build an eight foot masonry wall around only those sections
of property bordering on or accessible to the Florida East Coast Railway. and not around the
entire property.
Finally with respect to the vegetation applicant seeks a variance only to construct the
addition to the existing assembly facility and to in order place the newly required parking.
Applicant will plant mitigation vegetation alone 470 lineal feet on the eastern edge of the Florida
Fast Coast Railway right of wav that runs alone the property.
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 variance(s) will not be injurious to the area
involved or otherwise detrimental to the public welfare.
The urant of the variances will rotect and Vreserve the appearance, character and value
of the surro incline nei hborhood. and thereby promote the general welfare. and at the same time
allow Applicant to put his property to the hi hest and best functional use. In addition. as the
accompanying photos show,the proposed improvements will beautify the property and improve
property values in the nei hborhood. The variances will benefit the nei chborhood as follows:
i by planting a substantial amount of mitigation vegetation alone the approximately 470 lineal
feet on the cast side of the FEC rail road: (ii) in addition the homes to the east of the property
currently have an unobstructed view of Applicant's assembly operations. By allowing Applicant
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to construct an eight toot wall the surrounding properties' view of Applicant's operations will be
obstructed. Further. the 470 lineal feet of mitigation vegetation that Applicant proposes to plant
will promote the enhance the appearance character and value of the surrounding neighborhood,
beautify the area, and will add a buffer between the Florida East Coast railway and the residents
of the properties to the east of the tracks
7. Please add any other comments which may assist the City Commission and the Planning
and Zoning Board in reviewing this request.
This variance request is prompted by Applicant's need to expand its current crane and
hoist business Due to the unique configuration of the property and functional considerations
unique to Anglicants assembly operations,the proposed addition must be constructed along the
FEC railway according to the site Plan submitted with this application As a result in order to
construct the proposed addition Applicant requires a variance from the thirty foot front vard set
back restrictions.
Again due to the unique and somewhat limiting shape of the property. Applicant must
place the newlv required parking alone the Eastern property line where the Zoning code would
iruuire vegetation. Applicant seeks a variance from the ten toot landscape buffer contained in
Section 26-50(a) because of the required Placement of tile proposed addition and attendant
parking (the placement of which are dictated by the property) Applicant proposes in exchange
for this variance to plant approximately four hundred lineal feet of mitigation vegetation on the
East side of the FEC tracks. This will beautify the neighborhood improve property values and
provide a buffer to the residents alone that stretch of rail from the sights and sounds of the
railroad.
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Because the PEC railwav bed is approximately Four feet above Applicant's property.
Applicant needs to build along the railroad ri,,ht of wav an eight toot masonry site wall than a six
foot wall in order to secure its property. The wall will brine an added benefit to the surrounding
properties in that it will obstruct their view of Applicant's operations Currently Applicant's
buildings, trucks.etc., are in open view of the surrounding properties.
k:\mhs.varience\application.exhibit A
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CITY OF DANIA BEACFI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board
on May 19, 1999 at 7:30 p.m., and the City Commission on June 8, 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
special exception or variance request, as follows:
SE-35-99 — Special Exception request by Ronald G. Fontes & Stacy L. Fontes owners of American
Cranes, Inc., for property located at 720 SW 40 Ct.. Mr. & Mrs. Fontes are requesting the continued
use of the property for assembly and light fabrication of materials in an I-R (Restricted Industrial)
zoning district as a special exception use.
VA-36-99—Variance request by Ronald G. Fontes &Stacy L. Fontes owners of American Cranes, Inc.,
for property located at 720 SW 4th Ct.. Mr. & Mrs. Fontes are requesting variances from the following
City of Dania Beach Code of Ordinances:
Chapter 28, Zoning, Article 4, Schedule of Lot, Yard and Bulk Regulations which would provide relief from
the 30'front yard setback requirement by allowing him to utilize a 1'front yard setback;
Chapter 26 Vegetation, Article IV, Landscaping, Section 26-50(a) which would provide relief from the
required 10' landscape buffer, and allow the proposed placement of landscaping in mitigation on the East
FEC right of way easement. Section 26-50(b)(1) which would provide relief from installing a 6' masonry
wall, and allow an 8' masonry wall in its place.
These variances are in conjunction with the proposed construction of a 736 sq. ft. warehouse area and a
4,750 sq. ft. assemblage area. (Petition SP-37-99).
Legally described as follows: Lots 5,6,7,8,9 and 10, block 3, first addition college tract, plat book 22,
page 10 of the public records of Broward County, Florida. Together with: Railroad alley (know as SW
41" Ct) adjacent to the westerly boundary line of block 3, first addition college tract according to the plat
thereof, as recorded in plat book 22, page 10 of the public records of Broward County, Florida;
bounded on the north by the easterly extension of the south right of way line of SW 7" St. (50 foot right
of way); bounded on the east by the easterly line of said railroad alley (SW 4" Ct); bounded on the
south by the easterly extension of the north right of way line of SW 91" St. (50 foot right of way);
bounded on the west by the westerly line of railroad alley (SW 4'" Ct), also being the easterly line of
said block 3.
All interested parties may appear at said meeting and be heard with respect to the proposed
petition(s). 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 Location Map on back
Planning Technician
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AGENDA REQUEST FORM
Date: 06I01/99
CITY OF DANIA BEACH
9
A enda Item#:
Title:
VARIANCE-VA-36-99-RONALD AND STACEY FONTES,AMERICAN CRANES, INC. /
MATERIAL HANDLING
Requested Action:
PUBLIC HEARING-VARIANCE REQUEST FOR PROPERTY LOCATED AT 720 SW 4T" CT.,
FROM SETBACK REQUIREMENTS; LANDSCAPING/BUFFERING REQUIREMENTS AND
LANDSCAPE MITIGATION PROPOSAL
Summary Explanation&Background:
IN CONJUCTION WITH SPECIAL EXCEPTION SE-35-99 AND SITE PLAN SP-37.99
Exhibits(List):
RESOLUTION
MEMORANDUM FROM TERRY L. VIRTA,AICP-GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
LOCATION MAP
APPLICATION
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 5/19199
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: SE-35-99 Material Handling Systems Special Exception
VA-36-99 Material Handling Systems Variance Requests
SP-37-99 Material Handling Systems Site Plan Request
Date: June 2, 1999
The applicant is seeking permission to build an addition to the facility it currently
occupies adjacent to the FEC Railroad tracks and west of PhippensANaiters Road. American
Crane Inc. currently occupies the site but needs more space in order to handle the needs of
their business. The City Commission may recall that it recently reviewed this site in relation to a
request to vacate SW 4'" Court. The street vacation was requested to provide the land
necessary for this expansion. The current use is nonconforming as to zoning and in order to
expand must be approved as a special exception.
A major problem working with an existing confined site is that the size and shape can
offer definite design challenges. This is the case with this site. If the Special Exception is
approved, in order to build at this location the applicant is seeking three variances as well as
site plan approval.
The first variance is relief from the required front yard setback. They are asking to
reduce the required front yard setback from thirty feet to one foot. This request is based upon
the presumption that as a result of the property having a 41" Court address the front yard of the
property is the FEC right of way. It could be argued that this is in fact a side yard, which if it
were would require a twenty-foot setback. The site, in addition to being oddly shaped, is
separated from any other development to the east by the railroad and SW 41"Avenue.
The second variance being requested is from the required ten-foot buffer. If the
applicant is successful in the first variance then it becomes impossible to meet this requirement.
If all requested variances are approved the proposed site plan would, as submitted, provide
landscaping onsite which would exceed City Code requirements in terms of numbers of planting
material. In addition, the applicant proposes to supplement the City's landscaping along the
western right of way of SW 4"Avenue.
The third variance is to the height and location of the masonry wall. The applicant is
proposing to construct the wall on the property line and is asking permission to build it at a
height of eight rather than six feet. The FEC tracks are two feet higher than the applicant's
property. He is requesting the additional height along this side of the property to minimize the
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potential for vandalism. The additional height will also further screen the applicant's property
from the residences located to the east of SW 41h Avenue.
If the applicant is successful in obtaining the requested variances the site plan will have
to be modified further to meet City standards. The City's landscaping code requires that buffers
be placed adjacent to all residentially zoned or used properties. There are residential properties
located adjacent to this site at the SW and NW corners of the property. The site plan only
indicates the placement of chain link fencing at these locations. These property lines will have
to include buffers and the solid masonry wall.
The Fire Marshall has also expressed some concerns. His comments are as follows:
1) Vehicular Access gates (2) must be provided with Knox padlocks for manual gates OK
Knox gate key switches for electric gates.
2) The 15' service drive must be painted and posted "Fire Lane", this is the south access
rd. to new structure.
3) Area bordered by parking space (16), west wall and north wall of existing vehicle garage
shall be dedicated for a fire lane for turning of fire apparatus. Painting and signs
required will be required to delineate this area.
4) The applicant needs to discuss all fire requirements in detail with the Fire Marshall prior
to future submittals.
The Public Works/Utility Director is also concerned about the sewer line located on the property.
The plans show the sewer line to be located beneath the storm water retention area. The
applicant has agreed to modify his plans to rectify this situation.
RECOMMENDATION
The Planning and Zoning Board recommends that the City Commission approve the
Special Exception as requested. The Planning and Zoning Board further recommends that the
City Commission approve the requested variances. If approved they would allow for the
continued development of the site and the applicant has demonstrated a desire to further
mitigate his development by providing landscape materials off of his site. The Planning and
Zoning Board also recommends that the site plan be approved provided that the following
happens:
1. approval of the variances is supported;
2. the site plan is modified to address the identified landscape concerns and that the
adjacent property owners are satisfied with what has been proposed for the western
boundary;
3. that the applicant make a monetary contribution towards the cost of landscaping on
the east side of the railroad tracks in lieu of planting additional materials;
4. that the Fire Marshal's and the Public Works/Utility Director's comments are
addressed; and,
5. no barbwire is to be installed along the top of the masonry wall.
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