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HomeMy WebLinkAboutR-1999-211s r, T _� (� �sr''"'t t ; 1 „�» �%'' I L f Y ., 1�-- r 0 k r RESOLUTION NO. 211.99 A RESOLUTION APPROVING THE VARIANCE REQUESTS SUBMITTED BY JIMMY VILLARROEL, PRESIDENT OF JGV PROPERTIES, FOR PROPERTY LOCATED AT 16 NORTH FEDERAL HWY., DOWNTOWN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 26 Vegetation, Article IV, Landscaping, Section 26.51, sets the perimeter landscape requirements for business,commercial and industrial properties for the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 4 District Regulations, sets the schedule of lot yard and bulk regulations for the C-2 zoning District; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 6.21, sets the off-street parking requirements for the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28,Zoning,Article 28.10, sets the Pervious and Impervious area regulations for the City of Dania Beach; and WHEREAS, Jimmy Villarroel, President of JGV Properties, has applied for a variance(VA- 73-99) to allow for the following: Chapter 28,Zoning Article 4. District Regulations, Schedule Of lot, yard and bulk regulations \ —C-2 zoning district requires a 10 foot side yard setback. Mr. Villarroel is proposing a five- foot setback for a proposed addition which would match the existing building. Chapter 28, Zoning Article 6.21 Off Street Parking requirements in conjunction with a proposed site plan request(SP-74-99)for renovations to an existing building. Mr.Villarroel is requesting that he be allowed to provide 17 parking spaces where the code calls for 18 spaces, and have a 20 foot driving aisle width rather than a 24 foot driving aisle, as required by code. Chapter 28. Zoning Article 28.10, Pervious and Impervious Areas which provides that the land covered by buildings, structures and impervious surfaces shall not exceed seventy percent (70%) for commercial uses. Chapter 26, Vegetation, Article IV, Landscaping, 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.Villarroel is proposing a four- foot landscape buffer. for property located at 16 North Federal Hwy., Downtown Dania Beach; and WHEREAS,the Planning &Zoning Board on September 15, 1999, recommended that the 1 RESOLUTION NO. 211-99 f 4-- r City Commission grant variance request VA-73-99 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 '! That that certain application VA-73-99, for a variance as described above(from requirements in Chapters 26, Vegetation and 28,Zoning),a copy of which is attached as Exhibit"A" is approved with following conditions: 1 The plan as presented by petitioner at 10/12/99 meeting is included as an exhibit to the approval; 2• The petitioner agrees to provide awnings and a fake front door entrance in front; 3. The petitioner agrees to select paver colors with Mainstreet within six (6) months; 4. The petitioner agrees to replace the proposed trees with Queen Palms of a height of 12 to 14 feet; 5. The petitioner agrees to grant the City of Dania Beach four(4) feet easements on both sides of the property for drainage; 6. The petitioner agrees the plant a hedge on the east wall between paves and building to soften appearance. 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 immediate) upon its and adoption. y p passage PASSED AND ADOPTED THIS 12'"DAY OF OCT� / � �R.-19 M OR - COMMISSIONER ATTEST: ROLL CALL: << MAYOR BERTINO - YES SHERYL CHAPMAN - � VICE-MAYOR MCELYEA- YES ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER CALI - NO COMMISSIONER MIKES. YES 2 RESOLUTION NO. 211-99 t- APPROVED AS TO FOR AND CORRECTNESS: BY: THO A J. ANSE 0 CITY ATTORNEY G"DOCSIresolutionPrep991r-va-73-99 jgv properties.doc 3 RESOLUTION N0. 211-99 i T-� r r ' APPLICATION NUMBER: CITY OF DANIA BEACH Dale stamp i -�! 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. Fiorda ;o consider the variance of the Parcel(sl of land described in this application. NAME OF APPLICANT _ AODRESSOFAPPLICANT (ean5 ? ho too /'D Inc•• PROPERTY INTEREST OF APPLICANT: NAME AND ADDRESS OF PROPERTY OVVHER 0. ADDRESS AND LE � I'nNlU ��1 ��G11✓I ems_-- GAL DESCRIPTION OF SUBJECT PROPERTY Ti --'�— PRESENT ZONING: ----- LOT SIZEIAREA:_q.�0 O PRESENT/PROPOSED USE OF PROPERTY. DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): 0 e P ' 75 012,C(err ^ V-s ---— � Cr = UST THE NAMES.ADDRESSES AND PHON 5g7 S I ARCHITECT.AT7 E NUM©ERS OF. QIOA `aF �"�CIA1 r a RN ;Y) 4NY CAMTMf , 7�tife�j n --T' Q� rC10. PLEASE COMPLETE THIS PORTION OF THE APPLICATIONCAREFULLY. EACH REQUEST FORA VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD LL ANY OH ER PROPERTY. The following questions pertain to the cntena upon::hick;he C;, O poara will consider this application. Y ununismon and Planning and Zoning 11 Describe hew special cdndrticns and or budding involved and :. „ ar circumstances exist which are pecuuar to the land. structure same zonlna district !n a .^.,,t gap"`able Ca other lends, sINCt4feS or CWId IngS i❑ the + cture Gn ' S IS AInT —n� �.-,i cl u= t NTS iTJ�t�Cl_ G) TH PAR Tr;Ct Q Eft�Et�L �lP IT �s A T— r— `PTN(T EXHIBIT "All r -t I ,I Provide evidence that the soe the applicant. aal condrtlnns inn afc��.msta.^.cee' ec ,,r E P result fruin the actions or s .ataR Gc ^ TL- PU r_ fA P PE �{ es _-r+F r Describe ho:v granting _ DES the rccucs applicant that Is denied b he zoning "arianC or l w"' net conger — zonmo tllstnct y the '"nln5 code fe o; ar lards, v any soeclal pnvlle uddings or structure Qe on the - s In this same A CEREm - ZSilnlC PR PF ?7 f 03 PAR u nIC E FTC E!U C=F u LkkVD ry/9E iV a) Provide evidence that;,he literal interpretation of the �--_ RO , woultlthe pwotrk urnecessarcant of rights �om,only enjoyed by other provisions es of the code would deorwe the zoning y and undue hardship on the a the zoning 9 tlistrtct and \IR i C SPSGE) _ LS AMA r_ RK2u 5) Describe how the requested variance Is th reasonable use of the l a minimum q _ _ 9 or structure.and, building variance that wtll make At pIV Possible the F P R <=N ccFrr,� P E SPA E t' r- rhEN �T �PRCE. ` — t� �s Pr2ou? R 61 [xplain how the r EX zoning grant of the variance(s)will be m harmony g code, and that such variance will not r on with to rpose of detrimental to the general intent and pu Public welfare. he area involved^ —T= i_ ofved or otherwise B - Lt->=.Ren3- N i CL -�7y� Diu TC fP)) CSL e-G ci\fir r _ � r N C �iL-�L(,a- P PRo� i i Please add an a Sqt� C TURI Zdnln y etier comments which may r - 9SToaro m reviewing this request. y assist the C,ry Commission, and the PI and AN, c � amm�g y c f3 PC Q'GU I Rr- S _ PAPS. lA;,i r.rri n itit f ^tc --� u_�rv4crl -u v rfNEtQ -�- ' ------1-�-CRE 415b-'ta�,LJy f,ICz „� rnt✓rtKT _ REFl r H w,v rtSC This is ro cern -k N that I am the owner of the sunject i _ U�C� (Compete „nfy ;, andfs) descnh d __-- aaFfrdabfel hays aiso auth e n ce0fion for variance. ilea ndersigned _:c make and file this apppcauo or v n oehhoner STATE OF FLORIDA / COUNTY OF 13ROWARO ATURE OF A PI-ICANT The fcrgo:r.G;ns'.-un,en:was a- J -- ti lei r„wletlgeYY Uelore me en ns f 5 --��.a Ronda Coroo .wrio Is f S�/'999 by as Identification, t r ,/n)JrfIU V IG 7 Cavan. jnersonau e n Hpla a oxen ny) �--f rC fCC f i v n_wn to. 'dy r°.mrr!gSlon c%Y e.. 4° e Pr' urea Z/fPJ L�Ell—, 0 yn° p.c.. Col., NOTARYO , Er Im. UBL!C rorW0 �N16L L( 1341T is;�a r . r ti I FOR USE WHEN APPLICANT IS NOT O'A'NER OF SUEJECT PROPERTY TO +�pv MAT 'HE O'v'JNER OF THE S'v'FJEOT;..:�"`c CESMSED AEOVE :.op >r :�S Ic ,:ND 'HAT ! HAVE AUTHORIZED VJ ., A'I1n"1 .;:ON rC;UgT.,tE�.,r AFORESAID APPLICA[ION FOR A SIGN.D,uSTMEiJi --- - t KE "ND `ILE THE STATE OF FLORIDA "' E• `OWNER -- COUNTY OF FROWARD The toraomo mstmment was ack wledgea bet me un as(Iffle) V!?4rIt!a/e 14 les9by�� aTt, v�ll a Florida Corporation.Arno is for Jname of entity/ r as IaentRlcatlon. �pefscnally Known to me.or—_produo My Commission Exones: (2l b I G p NO*YPUSLtIC�EM—ej( N I yg Check list for Planning Dept: Plan Fee Survey Miry Banfta * OF aamMplana os9)t �� E"Olrar MnmEa E,21. o1 I10��0 .f r 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, September 28, 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 a request, as follows: VA-73.99 — Variance request by Jimmy Villarrdel, President of JGV Properties, owner of property located at 16 North Federal Hwy, Downtown Dania Beach, Florida 33004. Mr. Villarrdel is requesting a variance from the following code sections: Chapter 28, Zoning Article 4. District Regulations, Schedule Of lot, yard and bulk regulations — C-2 zoning district requires a 10 foot side yard setback. Mr. Villarrdel is proposing a five-foot setback for a proposed addition which would match the existing building. Chapter 28, Zoning Article 6.21 Off Street Parking requirements in conjunction with a proposed site plan request (SP-74-99) for renovations to an existing building. Mr. Villarrdel is requesting that he be allowed to provide 17 parking spaces where the code calls for 18 spaces, and have a 20 foot driving aisle width rather than a 24 foot driving aisle, as required by code. Chapter 28, Zoning Article 28.10, Pervious and Impervious Areas which provides that the land covered by buildings, structures and impervious surfaces shall not exceed seventy percent (70%) for commercial uses. Chapter 26, Vegetation, Article IV, Landscaping, 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. Villarrdel is proposing a four-foot landscape buffer. Legally described as parcel number 5042-34-01-1840 - Plat Book B, Page 49, lots 17 & 18 Blk 12 Town of Modelo. Copies of the proposed petitions 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 I h 1• _t I 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 Mailed: September 2, 1999 ITjj IGEArai.' swn II, 4 !I61 11 7 3A a J ;,35 Pf' • 2 • 17 0 Gry-A.. '307 ' l . 7. ' v,<RTHE 4 J 1 1C7NN OF f r1_49iMODELO ' io f J I' 4-- h r y 1 / AGENDA REQUEST FORM CITY OF DANIA BEACH � /f Date: September 22, 1999 Agenda Item#: Title: VA-73-99—Variance request 16 North Federal Hwy., JGV Properties Inc. Requested Action: Variance requests in conjunction with Site Plan for renovations to building at 16 North Federal Hwy., Downtown Dania Beach Summary Explanation &Background: Exhibits(List): Resolution Memorandum Application Public Hearing Notice Location Map Purchasing Approval: Prepared By: TERRY L. VIRTA,AICP—GROWiH MANAGEMENT DIRECTOR Source of Additional Information: (Name&Phone) Recommended for Approval By: PLANNING AND ZONING BOARD September 22,1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ f L 4� r 7 MEMORANDUM TO: Michael W. Smith, City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: VA-73-99 16 North Federal Highway Variance SP-74-99 16 North Federal Highway Site Plan Date: September 22, 1999 A) VARIANCE REQUESTS FROM THE FOLLOWING CODE SECTIONS: Chapter 28, Zoning Article 4. District Regulations, Schedule Of lot, yard and bulk regulations — C-2 zoning district requires a 10-foot side yard setback. Mr. Villarrdel is proposing a five-foot setback for a proposed addition, which would match the existing building. Chapter 28,Zoning Article 6.21 Off Street Parking requirements in conjunction with a proposed site plan request (SP-74-99) for renovations to an existing building. Mr. Villarrdel is requesting that he be allowed to provide 17 parking spaces where the code calls for 18 spaces. Chapter 28, Zoning Article 28.10, Pervious and Impervious Areas, which provides that the land covered by buildings, structures and impervious surfaces, shall not exceed seventy percent(70%) for commercial uses. Chapter 26, Vegetation, Article IV, Landscaping, 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. Villarrdel is proposing a four-foot landscape buffer. B) SITE PLAN REQUEST FOR RENOVATIONS TO EXISTING BUILDING LOCATION: 16 NORTH FEDERAL HWY., DOWNTOWN DANIA BEACH o«�mcoiz 4- f rt P _ ( I I BACKGROUND The applicant is seeking the necessary approvals to allow for the renovation and use of the property located at 16 North Federal Highway. In order to utilize properties within the Downtown area it is going to be necessary for the City to consider relaxation of Code standards through the variance process. This applicant is seeking a host of variances to allow for the upgrade and construction of an addition to an existing building. The applicant is proposing to convert the existing structure from retail and multifamily to office. The building when revitalized is intended to house the applicant's realty operations. Staff has worked closely with this project to assist the applicant in meeting his needs while fitting in with overall downtown development. RECOMMENDATION Staff believes that the variances as requested should be granted. There are issues other than zoning that will also have to be addressed as this project moves through the approval process. Again the difficulty is trying to deal with existing structures in a revitalization mode. The Planning and Zoning Board recommends that the City Commission act favorably upon those requests for variances. If the Commission should approve those requests the Planning and Zoning Board then recommends that the City Commission approve the site plan as well. f