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Home My WebLink AboutR-1999-234s� �, r -r <a �, a_ .f �.. i=- -f i RESOLUTION NO. 234-99 A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY 9 OCEAN WATERWAY CO.OP, INC., FROM OFF-STREET PARKING REQUIREMENTS AND SEPARATION REQUIREMENTS, FOR PROPERTY LOCATED AT 157-158 INAGUA ST., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28,Zoning, sets the zoning requirements for the City of Dania Beach; and WHEREAS, Ocean Waterway Co-Op, Inc., has applied for variances (VA-71-99 A & B) to allow for the reduction of the off-street parking requirements by 14 spaces and a reduction of separation requirements by 5 feet on the west side and 8.2 feet on the north side in con unction j with the construction of a proposed meeting facility to be located at 157-158 Inagua St., Dania Beach; and WHEREAS, the Planning &Zoning Board on October 20, 1999, recommended that the City Commission grant the variance requests VA-71-99 A & B 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-71-99 A & B), for variances as described above from the requirements of Section 39-217, Off-Street Parking Requirements, BrOWard County Zoning Code and Section 39-659, Separation, Broward County Zoning Code, a copy of which is attached as Exhibit"A"is approved with the condition that Ocean Waterway Co-Op, Inc., petitioner, Preserve the house in its current condition for the remainder of the Co-op Lease and that Ocean Waterway Co-Op, Inc,submit an application to the National Register to obtain historical designation of the house. 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent Of such conflict.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 I RESOLUTION NO. 234-99 f I, r 7 passage and adoption. PASSED AND ADOPTED THIS 9'h DAY OF N mb , 1999. R- COMMISSIONER ATTEST: ROLL CALL: 2; ' I", MAYOR BERTINO - YES SHERYL CHAPMAN VICE-MAYOR MCELYEA- YES ACTING CITY CLERK COMMISSIONER ETLING -YES COMMISSIONER CALI - NO COMMISSIONER MIKES- YES APPROVED AS TO FORM ANDqORRECTNESS: BY: l 4 THOMASJ. A SBRO CITY ATTORNEY Z RESOLUTION NO. 234-99 APPLICATION NUMBER: ' CITY OF DANIA BEACH Date stamp 1 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 / (954) 921-8700 X262 I APPLICATION FOR VARIANCE The undersigned petitions the City Commission of the City of Dania Beach. Florida to consider the variance of the parcels) of land described in this application. NAME OF APPLICANT o E fR N ADDRESS OF APPLICANTr E w q l2 0=0 Ri,c,�-iN RD PROPERTY INTEREST OF APPLICANT n a oE�r v Co - op �'� 330 NAME AND ADDRESS OF PROPERTY OWNER: r Al 1, E DESCRIPTION sue ADDRESS AND LEGAL D w o OF/SUBJECTo PROPERTY? r _ S& .L- iZ i� DRN1�1gcAeH F/. c �' A S7- EE r ---�— 3e6c PRESENT ZONING, /5 7 rw A� � 37 e-7z pR N LOT SIZE/AREA: 900, fo PRESENT/PROPOSED USE OF PROPERTY s 3o a 5! PRFstN T . EW E NPj2 L Mo /LG- tJO Nq C' oT DESCRIPTION OF VARIANCE S . M E r—Y ( ) (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): CT U S8 4/ L exs..i 7t0 LIST THE NAMES. ADDRESSES AND PHONE NUMBERS OF ANY ARCHITECT,ATTORNEY) CONSULTANTS IF ANY i. m EtiE E. L/'yao- se 3 / Paz- PLEASE N t✓ 8/��xrm..... COMPLETE THIS PORT/ON OF THE APpL/CATfON CAREFULLY. Fes ! VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD CAREFULLY. f 9as3y 8 . EACH REQUEST FOR. The following questions Pertain to the criteria upon which the Ci ANY PROP Board will consider this a PROPERTY. application ty Commission and Planning and Zoning Describe how or building Involved conditions and circumstances exist which are 9 and which are not applicable to other lands. same zoning distract Peculiar to the land, structure structures or buildings in the � p" ` f Y 1-- ' r Y ' '-'U-1 '-- :+ uf;Ub rill nt�.HULlt �aUkt LL 1�b1`J�bbc�,lbl k. bG Aug-19-99 O9:O7A P.O6 '-•• Play'" Cwdel !hat !^e 3pl Coroilo" and •he apc'Carl "CUms!drC25 OD no(r05W; '•C.n`. !re ac!ors C! -.-' - --�-�•:� Wiz` . 31 Des-roo now grart,ng ;he 'eQuestea varlancelsj will no: Confer any speUdl pnm,ege on ;Pe "Po Cant that is denied by the zoning code to other lands, bull ngs or s!ruCtureS In ;C S same zonmq a.stnCt al Provide evidence that the I feral interpretation of the provisions of 11B zoning Code would deprive the applicant of rignts commonly enjoyed by other properties in the same zoning district womb work unnecessary and undue haroship on Pe aooucanl any DeScribe ow the requested variance is lie n inimum variance reasonable use of the land pudding of structure that will make possible the Bj Explain now the grant Of the vanan - he 2omn code. and that lance( be in harmony with the generel Intent and purpose Of 9 at such vanances)s) will not Oe�nj oetnm�jTtal to me public welfare urlous to the area involved or otherwise — .e p'Aase add any omen comments Wn�Cn ^ay assist the (;;;y ComrID590n and the Planning dntl Zoning Board in rdv,ewin9 this request -- -- - -- - - -- - - - --- --- _-___ __- _--_-___ ____This, rd certify that I am fne owner of tre s„clect lardtsl aescri ed aDove it he oetiTon tar varlaree 'COmplefe, only it aocicabre'i I nave also dcth he untlesigned petlodner make arc lie Ih.s appi'cal n for and L STAIE OF FLORiOA S NATURE ' AP COUN ry OF RROWARC 'e f-'90,rg rs'ru^ie^.i wAs ackrc,,ageU Defoe me c^ as filial ' 2'2.0 tyeg oy-- 3 FIO'IOa CJrpOrat'On who -- '- __'o Inamc of -- �s iae��ld�^al4n _oC90nelw klewn Ic hie,or_oroaucea -- f-'v C=rr,ssion E.a,os /D ey( C-�G—• - a '--'yZp "' ^ lPr 200 � 4JTAriV F.,HJC .— o�pskyoo CLAIRE NADEAU COMMISSION A CC 689316 E fill OC1 16,2001 BONDED THOU OF fVATUNTIC BONDING CO.,INC. f i .� T 7 APPLICATION NUMBER: 7i_CIC •_ITY OF DANIA BE✓\CH Datestamo / �� 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 954) 921-3700 X2062 APPLICATION FOR VARIANCE The undersigned cetitions ine City Commission of the City of Dania Beacn. Florida to consider the variance of the carcel(s) of land descnaed in this application NAME OF APPLICANT D C, C- A.v W C ADDRESS OF APPLICANT /so o o c D 6 R/FF/tl RD 390, �ANiF) LaE9r• f-/ PROPERTY INTEREST OF APPLICANT -e2-Q.e,,� .li/a 13/t E o M NAME AND ADDRESS OF PROPERTY OWNER, oe EA w ca arm t,AR C o_op ADDRESS AND LEGAL DESCRIPTION OF SUBJECT/PROPERTY o/taia r N C �6AeN^ ,�% 39oa SG /S7 S.VAGUF ST' / S'8 rA/gG u,q T PRESENT.'_ONING. OTSIZEiAREAo - f-4 ego Fs-0-6 S. p PRESENT: PROPOSED USE OF PROPERTY ti^a ?Vo A4 ae"' RAL A4EE7-/✓✓G PiG/ Ty DESCRIPTION OF VARIANCE(S). (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FR M AND WHAT/IS PROPOSED): ctCKc�ri VQ,t Ukr-.!%J +L , G f s f0 � f _1ST THE NAMES. ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS iF ANY i Edo" �.RCHITEC'.ATTORNEYI s?7/ PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REpUEST�FOR AA VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY. -he fdifowing questions pertain to the criteria upon wnicn :he Cat✓ Commission and P!annmg and Zoning Board will consider this application Descrice now special conditions and cL'Cpmstances exist which are cecu'ilar or nuildin IC the land. structurec nvolved and :vhicn are not apoi:caoie a ptner 'ands. structures Orpuddings inthe same zoning district. J d ' r 'i i II , -'eviae evloence mac the s ,ai cona¢iens an 'he apcucant. oec a c rCIlmstances ❑o n of result from the acrons of Describe now granting the request var nceis ✓ �a applicant that is aenlea o zonm / the zonmo cone to ) not ca e an. Pea pnwle g tlistnct. other lands, buildings 9e on the gs or structures in ,his same �) Provide evidence that the literal interpretahon of the the applicant of rights commonly en)oyed b would worK unnecessa ordviertie of the zomnq cotle y other Properties m the same Zoning deprave y and undue hardship on the applicant. g district and Describe now the re puesteo variance is the minimum variance that .make Describe use of the land. building or structure. a �f possible the 7'0 ie o °) Explain now the grant of the variance s the Zoning code, and that such variance(s)Wil! be in willl of be harmony to the area involved detrimental to the public welfare. with the general intent and Purpose of d. ter, or Otherwise Pease dad any other ccm clea, edam n r menu wnich may a �viewino this reau ssist the City CO T est. mission and the Planning and -his is to cernfy that I am the owner of the sub)ect lands) described above in the COrnOlele anly rj a + e —_— — . P.pucablel have ;lso oeptidn for vanance, aion orlvar the ,noerSigned petitioner !o make aria fie this application for variance STATE OF FLORIDA lr COUNTY SIGNg7 RE OF.APPi ICANT OF BROWggp he rorgoing rostrum ent was acxnewieagea as(title) before me on -----------�_ —�. a Florida Corcorahon.wno�s —� 7999 by 35 iaennticatipn. ._�ersonarly known t for!name or entity-- o me.cr—croducea 'IV Ccmmiss;On Expires: --—� NOTARVPUBUC Y 7 t Phone FIX(954)922- 440N3 Fax I'1Sa)922-94a11 Ocean Waterway Mobile Home Park )curt Watcr%%a) ('u-un Inc. 1500 OLD GRIFFIN' ROAD He+Went Ou ncJ Cummunuc DANIA.FLORIDA 33004 August 31. 1999 `sirs. Lou Ann Cunningham. Planning Technician City of Dania Beach 100 W Dania Beach Boulevard Dania Beach. FL 33004 RF: Variance and Site Plan Requests for"General Meeting Facilitv'at Ocean Waterway Mobile Home Park - Lots 158 and 157 Inagua Street Dear Mrs. Cunningham: Please be advised that I am the Residents Manager of 0cean Waterway Co-Op Inc.. As you are aware. Mr. Aur& Regaudie. our President is out of town and is not immediately available for a signature orthese documents. 1 will sign in his absence. If you required his signature at a later date. we will furnish the Presidents signature document. understanding lfyou have any questions. you can reach Claire at (954) 912-0984. Thank you for your regarding this matter. Clare Nadeau.Manager Ocean Waterway Co-Op Inc. t_ ... f 7�- r, r r iiW FPL August 16,1999 S C R Construction Consultants 32860 Stirling Rd. Hollywood,FL 33021 RE: Florida Power and Light Utility Easement at 157 Inaugua St. Dania,Ft. Florida Power and Light Company has no objection for encroachment into the 10•I2'utility easement that is maintained y the aboain its tinned address.Provided that if access is necessamy for Florida Power and Light Company to maintain its facilities within the existing easement any obstruction i.e. fences, u coucrc[e per detail UN-200f F landscaping will be moved.Also the existing underground 2"to conduit mu. . of Distribution Cousuucti must be enclosed ou o 4"FPL electStandards.As discussed new recreation building will be construction over this easement with no objection from FPL.If you have any further questions please feel free to contact me at(954)442-6335. Sinceely� Carlos M. Rodriguez Service Planner T-- F. T -t b Phone(954)922.0984 Fax(954)922.9440 Ocean Waterway Mobile Home Park 112 Ocean Waterway Co-op Inc. Resident Owned Community 1500 OLD GRIFFIN ROAD DANIA.FLORIDA 33004 May 26. 1999 City of Dania Beach Attn:Building&Zoning Department 100 West Dania Beach Boulevard Dania Beach. FL, 33004 Gentlemen: Please be advised that I am the o Co-op, Inc. Said mobile home is located caner ofa mobile home at the Ocean Waterway on the cooperativeproperty. �1 from the proposed clubhouse to be constructed While it is my understanding that Section 39-659 of the Broward County Zoning Code requires a twenty-five(25)foot setback between my home and the clubhouse, I hereby voluntarily waive said setback requirement and agree to construction of the clubhouse subject to the installation of adequate landscaping and soundproofing. 1 hereby agree to hold the County harmless against any and all claims connected with the waiver of this setback requirement. elda S. Rodyn 156 Inagua Street Dania. FL 33004 -1- t_ 4 BI r 7 f ' STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME personally appeared ZELDA S. RODYN. to me well known and known to me to be the persons described in and who executed the foregoing instrument and acknowledged to and before me that they executed such instrument for the purpose therein expressed. WITNESS my hand and official seal this a 6 day of 1999. C.� -A-./m-... Signature of Notary Public My commission expires: L ej 6/ otipP C MIO #CC AU 689 _ �,COMMLiSION rF CC 689316 DQIBFS OCT 16,2001 taN0t0 tutu Oi ATUNrIC BONDING CO.,INC. z' f r, r t Phone(954)922-0984 Fax(954)922.9440 Ocean Waterway Mobile Dome Park ., Ocean Waterway Co-op Inc. Resident Owned Community 1500 OLD GRIFFIN ROAD DANIA, FLORIDA 33004 Mav 26, 1999 Citv of Dania Beach Attn.:Building& 'zoning Department 100 West Dania Beach Boulevard Dania Beach,FL 33004 Gentlemen: Please be advised that I am the owner of mobile home at the Ocean Waterway Co-op, Inc. Said mobile home is located 17 feet from the proposed clubhouse to be constructed on the cooperative property. While it is my understanding that Section 39-658 of the Broward County Zoning Code requires a twenty-five(25)foot setback between my home and the clubhouse, I hereby voluntarily waive said setback requirement and agree to construction of the clubhouse subject to the installation of adequate landscaping and soundproofing. 1 hereby agree to hold the County harmless against any and all claims connected with the waiver of this setback requirement. & -"& Canxte Lam bert 151 Ocean Waterway Boulevard Dania, FL 33004 (' vette Lambert 151 Ocean Waterway Boulevard Dania,FL 33004 -I- f i— r -r STATE OF FLORIDA COIJNTY OF BROWARD BEFORE ME personally appeared CALIXTE LAMBERT& YVETTE LAMBERT, to me well known and known to me to be the persons described in and who executed the foregoing instrument and acknowledged to and before me that they executed such instrument for the purpose therein expressed. WITNESS my hand and official seal this _day of „� _ ,1999. Signature of Notary Public My commission expires: CLe Z 14, Zoo / 1,0ri CLAIRE NADEAU +9�44 OMMN d CC 689316 OtA VEM43 OCr 16,2DOI AT LA DTHk W NDING CO.,INC, -J_ d_ f .f y NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, November 9, 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 comments which might be made to the following requests: 1) SA-75-99: Sign Adjustment Request by Roger M. Pomerance, PA Attorney and Representative for Chevron U.S.A., Inc. for property located at 345 North Federal Hwy., Downtown Dania Redevelopment District. Attorney Pomerance is requesting that the following signage which exists on the property to remain as follows: An Existing Monument Sign standing 8'2" with an area of 48.48 sq, ft., which exceeds City of Dania Beach Code Chapter 28, Section 27.160, 2(a)(iii) and 27.170 (1) and Existing Canopy Signs which are prohibited by Chapter 28, Section 27.170(2). The property is legally described as Lot 9, 10 and 11, Block "G", subdivision of the northeast one-quarter of the southeast one-quarter and the east one-half of the northwest one-quarter of the southeast one- quarter and the southeast one-quarter of the northeast one-quarter of the northwest one-quarter of section 34, township 50 south, range 42 east, Dania Florida, Hansen — nelson subdivision according to the plat thereof recorded in plat book 3, page 76, of the public records of Dade county, Florida, less the east 8.0 feet thereof, and less the north 9.0 feet thereof; the north and east line of this property being contiguous with the south and west rights of way lines of north west 4th street (Griffin Rd.) and Federal Highway (US#1) respectively. Now lying in Broward County, Florida. 2) VA-71-99: Variance request by Ocean Waterway Co-Op, Inc. from Section 39-217, Broward County, Zoning Off Street parking Requirements; and Section 39-659, Separation, Broward County Zoning Code; This request is in conjunction with a site plan request for the construction of a new general meeting facility at 157 and 158 Inagua Street in the Ocean Waterway Mobile Home Park Co-op. The property is legally described as Ocean Waterway Co-Op. Lot 157 Aka 157 Inagua St. along with Ocean Waterway Co-Op, Lot 158 Aka 158 Inagua St. 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 Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 921-8700 ext. 203, 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 Published: October 30, 1999 r �r `( r Y c AGENDA REQUEST FORM CITY OF DANIA BEACH Date: November 4, 1999 C Agenda Item#: 3 . q Title: Variance Request—VA-71-99 Ocean Waterway Mobile Home Co-Op—Located at 157 —168 Inagua St., Dania Beach Requested Action: Request from Section 39-217, Broward County, Off Street Parking Requirements and Section 39- 659, Separation in conjunction with the site plan request for the construction of a new general meeting facility Summary Explanation&Background: Exhibits (List): Resolution Memorandum by Terry L. Virta,AICP—Growth Management Director Variance 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 OCTOBER 20, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ f fi'�— ' r MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-71-99 Ocean Waterways Co-op SP-72-99 Ocean Waterways Co-op Date: November 2, 1999 The applicant is requesting two variances and site plan approval to construct a new clubhouse building at the Ocean Waterway Mobile Home Park. The applicant has indicated that the existing clubhouse is no longer adequate to meet the needs of the community. Variances for parking and setbacks are required for this site plan. Requested Variances The applicant has requested a variance from Section 39-658 of the Broward County Code dealing with yard setbacks. A variance is required from Section 39-659 requiring a 25-foot separation from accessory buildings to mobile homes. The proposed setback on the north side of the clubhouse is 16.8 feet from the nearest mobile home and on the west is 20 feet from the nearest mobile home. The applicant proposes substantial landscaping in the setback area. This variance is required in order to accommodate the additional landscaping on the site without shifting the proposed building too close to the adjacent parking area. In addition, the applicant requests a variance from the minimum parking requirements for the proposed clubhouse. The site contains 17 existing parking spaces that serve the existing two-story building. The building square footage of the proposed clubhouse is 3,600 of which 2,510 square feet is assembly area. Based on the existing City parking requirement of 1 space per 75 square feet of assembly area, 34 spaces would be required for the proposed clubhouse and the applicant is requesting that this number be reduced to 10. It is likely that primarily the residents of the community would use the clubhouse and it is within a reasonable walking distance for most of the residents. The existing circumstances are peculiar to this particular land inasmuch as it is an existing mobile home park with the desire to expand the recreational needs of the community and the granting of the variance will not confer any special privilege to the D=MenM t` r, 1' r applicant inasmuch as accessory structures are permitted in the Zoning Code. The literal interpretation of the Code would provide an undue hardship to the applicant inasmuch as the parking requirement would substantially impact the green space of the mobile home park community, and this is the minimum variance that would make Possible the reasonable use of this building. Recommendation: The Planning and Zoning Board recommends that the City Commission Approve the requested variances subject to the compliance with the approved site plan and associated conditions. Site Plan The applicant is requesting approval for a one-story 3,600 square foot clubhouse. The existing facility is no longer of adequate size to accommodate the needs of the community. Recommendation: The site plan has been reviewed for conformity with the codes. Staff recommends approval of the site plan subject to the following: 1. Approval of the necessary variances. 2. Identification and approval of the dumpster location and dumpster detail. 3. Provide a handicapped space consistent with Code requirements. 4. Provision of additional fixtures to provide adequate lighting along the sidewalk that provides main access to the building, 5. Clarify on the site plan the color of the stucco. 6• Provide bumper stops for all parking spaces. 7. Obtain approval from FPL regarding landscaping in their easement. The applicant has complied or indicated a willingness to comply with all of the above conditions. The Planning and Zoning Board recommend that the City Commission approve the proposed site plan. f fr--