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RESOLUTION NO. 168-99
A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY MR.
ROBERT CLABAUGH, REPRESENTING STEPHEN C. MUTHER,SENIOR V.P.,
ADMINISTRATION,EVERGLADES PIPE LINE COMPANY,FROM CHAPTER 26,
VEGETATION, ARTICLE IV LANDSCAPING, SECTIONS 26-41 THROUGH 26-
53, FOR PROPERTY LOCATED AT 2900 SE 14T" AVENUE, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 26, Vegetation, Article IV
Landscaping, Sections 26-41 through 26-53, set the landscaping requirements for the City of Dania
Beach; and
WHEREAS, Mr. Robert Clabaugh, representing Stephen C. Muther, Senior V.P.,
Administration, Everglades Pipe Line Company has applied for a variance(VA-48-99)to allow for
relief from the landscaping requirements for property located at 2900 SE 1411 Avenue, Dania
Beach; and
WHEREAS, the Planning & Zoning Board on July 21, 1999, recommended that the City
Commission grant variance request VA-48-99 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-48-99,for a variance as described above(from
requirements in Chapter 26, Vegetation,Article IV Landscaping,Sections 26-41 through 26-53), a
copy of which is attached as Exhibit"A"is approved and the appropriate city officials are directed to
execute same.
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repealed to the extent of such conflict.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.
adoption.
PASSED AND ADOPTED THE 10'h DAY OF AUGUST, 1999.
RESOLUTION NO. 168-99
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MATOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO- YES
VICE-MAYOR MCELYEA- YES
SHERY HCL APMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- NO
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THO AS J. N BRO
CITY ATTORNEY
ALCunningham\My Documents\winword\ordinances\VA-48-99 Everglades Pipeline variance.doc y
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2 RESOLUTION NO. 168-99
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APPLICATION NUMBER: CITY OF DANIA BEACH q
� 100 BLVD. IA j 5
(954) 921-8700 X262 -- j
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:EVERGLADES PIPE LINE CO. , L.P.
ADDRESS OF APPLICANT: 79nn 4R 14 AVENUE .A 1DERDAL. . FL 33316
PROPERTY INTEREST OF APPLICANT: OWNER
NAME AND ADDRESS OF PROPERTY OWNER:EVERGLADES PIPE LINE CO. , L.P.
2900 SE 14 AVENUE, FT LAUDERDALE, FL 33
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
„ 1700 -5 45 l4t4'/4-✓� — (�c + r /�ozT vr. GCiJi>Es� (p nr� �� " 465 �21 Q®T- 2 .
PRESENT ZONINGS^ y`,Svt Iry1. LOTSIZEIAREA: 9s S^ 5
PRESENT PROPOSED USE OF PROPERTY INDUSTRIAL• PIPE LINE PUMP STATION
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
C'H>'I,4T,t—': 12 -1(7 — I/�G - r?�r;770 /
"7- Z L�j,:)sC.7rZiyG 26 - •// — aG - 53
LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY (I.E.
ARCHITECT.ATTORNEY)'
JOHN TOSCANO
Z-/ 'v r,<-CT
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 mll consider this application.
11 Describe now special conditions and circumstances exist which are peculiar to the land, structure
u nwlding involved and which are rat applicable to other lands. structures or buildings in the
same zoning district.
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2) Provide evidence that the special conditions and circumstances do not result from the actions of
the applicant.
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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.
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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.
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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.
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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 publi17
c welfare.
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7) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in rewewm�1his request.
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�u[la?-�icrvt/oir✓G� r-Cr+y /'� c�urEs j /V/ Lrhyi����rj�i.!/ �frlylksd;
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This is to certify that I am the owner of the subject land(s) described above in the petition for variance.
(Complete only r .?ppacible) I have also nuthorrzed ;he undersigned petitioner
EVERGLADES PIPE LINE to make and file this application for u na�
SIGNATURE OF APPLICANT
STATE OF FLORIDA
COUNTY OF BROWARD op
The forgoing instrument was acknowledged before me on L,. �_ 1999 by GQ)X,S.
1C cc, as(title] AcPr`. Sc(ueN'.3e� _for]name of entity] L�ergtc,nlES
a Fionda Corporatiol-iuho is i� "W tome or_produced
as identification. /.aof^'zo•
7/02/99
My Commission Expires .ywu y , NOTARY PUBLIC
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FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY: HH"', IS rO CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR SIGN ADJUSTMENT
AND THAT I HAVE AUTHORIZED TO MAKE AND FILE THE
AFORESAID APPLICATION FOR A SIGN ADJUSTMENT
SIGNATURE OF OWNER
STATE OF FLORIDA
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on 1999 by
. as[title] for(name of entity]
a Florida Corporation,who is_personally known to me.or_produced
as identification.
My Commission Expires:
NOTARY PUBLIC
Check list for Planning Dept.: Plan_ Fee_ Survey
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CITY OF DANIA BEACH
100 W. DANIA 13EACH BLVD.
DANIA BEACH. FL 33004
(954) 921-8700 EXT. 262
PROCEDURE FOR VARIANCE REOUFST
Prior to completing the application for variance, the applicant is encouraged to become
familiar with the appropriate provisions of the zoning code. Questions should be directed
to Growth Management at (954)921-8700,Ext.262.
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1. The following must be submitted to the Growth Management Director at least!
days prior to a date of Planting and Zoning Board Hearing which is held on the Yd
Wednesday of each month at 7:30 p.m.
A. Completed Application of Variance form and all other supporting
documents and materials.
B. An application fee of:
Single Family.......................$110.00
Duplex...............................$165.00
Triplex.............................. $165.00
Multi-family.........................$275.00_.- --
Non-residential...................$275.00
Sign.................................. .00
C. Public Hearing Notice Fee.......$200.00
D. 15 preliminary sketches(Site Plans)showing:
(If sketches can be reduced to I Ix17 or smaller, only I will be necessary)
(1) Site dimensions and area.
(2) Location of any existing building on the Lot with differences to lot
lines clearly shown.
(3) Lot location.
(4) Placement of proposed building(s)on the lot with distances between
lot lines and all proposed buildings clearly shown.
(5) The location and dimensions of streets,sidewalks, curb cuts, driveway,
parking and loading spaces.
(6) Easements.
(7) Type of construction.
(8) Front building elevation— A photograph may be submitted for an existing
building.
(9) Other data that may be necessary for the review of the application.
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E. \ sealed survcv.
P. A description of the use(s) or proposed usctsl otall structures and/or lands.
11. the waiver of required documentary evidence can be granted by the Growth
iManagement Director provided the information is insignificant or unnecessary.
III. Each applicant for variance shall be referred to the Planning and Zoning Board for
advisory cornment.
Each petitioner or applicant shall be responsible for the placement of a temporary
sign on the parcel or parcels subject to a hearing for variance not less than five(5)
days before the public hearing by the Planning and Zoning Board. The sign shall
remain until completion of the public hearing by the City Commission. Such signs
shall be provided by the City shall contain such information as directed by the
Growth Management Director. In recognition that such sign may be destroyed by
winds or vandalism, the actual posting of such sign shall not be deemed to be
jurisdictional in nature.
IV. The applicant or his/her representative must attend the Planning and Zoning Board
meeting. It shall be the responsibility of the applicant to present a case supporting
this request in a complete and logical manner,and to have immediately available all
evidence to support the request.
V. The Planning and Zoning Board shall submit written recommendations to the City
Commission for final action. The Planning and Zoning Board shall recommend
approval of a variance which is not contrary to the public interest where, owning to
special conditions, a literal enforcement of the provisions of this chapter will result in
unnecessary and undue hardship.
In order to recommend any variance it shall be found:
(a) That 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:
(b) That the special conditions and circumstances do not result from the actions of
the applicant:
(c) That gramme the variance requested will not conter on the applicant any special
privilege that is denied by this chapter to other lands, buildings or structures in
this same zoning district:
(d) The literal interpretation of the provisions of this zoning code would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this zornng code and would work unnecessary and
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undue hardship on the applicant:
(e) That the variance granted is the minimum variance that will reasonable use of the land, building, or structure; make possible the
(t) That the grant of the variance will be in harmony with the general intent and
purpose of the zoning code, and that such variance will not be injurious to
the area involved or otherwise detrimental to the public welfare.
VI. The Growth Management Director shall then submit the applications, documents,
plans or other materials as well as the recommendation of the Planting and Zoning
Board affecting the variance requested to the City Commission to conduct a public.
Hearing thereon.
Notice of the public heating shall be provided in three separate forms;
(a) The temporary sign referenced in item III of the outline.
(b) A notice of public hearing shall be mailed to the owner of property or, in the case
of a condominium or cooperative development, the board of directors thereof, of
property within three hundred(300) feet thereto and across the street therefrom
at the address shown on the county tax records. A certified list of owners with
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addresses shall be provided by the petitioner. This notice shall advise of the time
and date
of the Daniag which are h City Hall, 00 conducted t t
West Dan a Beach Boulevard e
eting
R omThe
notice shall also give a brief explanation of the proposed request. This notice
must be sent at least ten (10)days prior to the Planning and Zoning Board
meeting at which the application will be considered.
c) The Growth Management Director shall publish in a newspaper of general
circulation in the Citv of Dania Beach a brief summary of such application and the
date of the hearing. Such notice shall be published not less then ten(10)days
before the meeting of the Citv Commission at which the application is to be
considered.
VII. The City Commission shall hear the application at a regular meeting. The City
Commission must and shall review the this outline. variance application as described in item V of
the Citv Commission may grant. deny or modify the proposed variance. In granting
any variance, the City Commission may prescribe appropriate conditions and
�ateguards. Violations of such conditions and safeguards, when made part of the
terms under which the variance is mmis granted,shall be deemed a violation of the zoning
action for the vari
code. The City Cosion may prescribe a reasonable time limit within which the
ance is required to begin or be completed or both. however no time
limit for same shall exceed one year from the date said variance is granted and
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approved by the Citv Commission. unless said one year time limit is extended b_v the
City Commission after a written application for such extension is tiled with the
Growth Management Department by the ❑ffectcd party.
The concurring vote by 3/5 of all the members of the City Commission is required to
decide in favor of the application for variance.
Vill. After disposition by the City Commission, the Growth Management Director shall
notify the applicant of the final decision of the City Commission.
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NOTICE OF PUBLIC HEARING
THE CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning
Board on July 21, 1999 at 7:30 p.m., and the City Commission on August 10, 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 request, as follows:
Request by Robert J. Clabaugh, Area Supervisor, representing Stephen C. Muther,
Senior Vice President, Administration, General Counsel and Secretary for Buckeye
Pipe Line Company a.k.a. Everglades Pipe Line Company, L.P., owners of property
located at 2900 SE 14'Avenue, Dania Beach, FL 33316 for the following:
Petition No. VA-48-99 — Variance — Mr. Robert Clabaugh would like to request a
variance from Chapter 26 Vegetation, Article IV Landscaping, Sections 26-41 through
26-53. The petitioner would like the existing non-conforming vehicular use area
landscaping to remain and relief from the required hedging due to Port Everglades Fire
Control Clear Zone. The petitioner is providing an upgrade to the existing green areas
at the road front offices to meet code requirements.
The above Variance requests are in conjunction with an approval for the addition of a one story
metal building garage Site Plan SP-49-99.
Property is
y described as:
east oneuarter(SE Y4) of the Northeas
%4)of the Southeast l one-quarter(SE Tl%)of the hNorthwestone-quarter(NW:)of S ct ont 23, w ship 50
South, Rnage 42, less the West 50.00 feet thereof, for Port Railroad Right-of-Way.
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
petiticn.
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
Page 1
VA48.991 SP-49.99 Everglades Pipeline
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AGENDA REQUEST FORM
CITY OF DANIA BEACH l �.
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Agenda Item#:
Date: August 3, 1999
Title:
Public Hearing-VA-48-99—Variance request by Robert J. Clabaugh, Everglades Pipeline
Company, L.P.
Requested Action:
Clabaugh, Area Supervisor, representing Stephen C.
Variance request by Robert J.
Administration, General Counsel and Secretary for
Muther, Senior Vice President,
Buckeye Pipe Line Company a.k.a. Everglades Pipe Line Company, L.P., owners m
property located at 2900 SE 14th Avenue, Dania Beach, FL 33316 for a variance from
Chapter 26 Vegetation, Article IV Landscaping, Sections 26-41 through 26-53. The
petitioner would like the existing non-conforming vehicular use area landscaping to
remain and relief from the required hedging due to Port Everglades Fire Control Clear
Zone. The petitioner is providing an upgrade to the existing green areas at the road
front offices to meet code requirements. The parcel is situated in Port Everglades and
fronts upon Southeast 14t" Avenue. It is the existing Everglades Pipe Line facility and
the es in
ze. The
withparproposed ptroject to construct a(1,600r square r variance
foot garage on the western (rear)
limits of the property
Summary Explanation&Background:
Exhibits(List):
Resolution
Memorandum
Variance Application
Public Hearing Notice
Location Map
Prepared By:
TERRY L. VIRTA, AICP—GROWTH MANAGEMENT DIRECTOR
Recommended for Approval By:
PLANNING AND ZONING BOARD July 21, 1999
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: VA-48-99 - Variance Request Everglades Pipeline
Sp-49-99 - Site Plan Request Everglades Pipeline
Date: August 5, 1999
The Everglades Pipe Line Company, L.P. has requested a variance from various parameters of
the landscaping ordinance for the above noted facility. The proposed project is to construct a
1,600 square foot garage on the western (rear) limits of the property. The parcel is situated in
Port Everglades and fronts upon Southeast 14"Avenue. It is the existing Everglades Pipe Line
facility and the parcel is slightly greater than two (2) acres in size.
The proposed landscape plans provide for a substantial upgrade for this existing facility. The
landscaping will be situated along the eastern limits of the property as it abuts 141" Avenue to
address concerns of the Port Everglades Authority which are outlined in the attached
memorandum dated July 12, 1999. The current landscape plan sheet L-1 will be modified to
eliminate the landscaping along the northern and southern limits of the property and the
landscaping would focus on the eastern limits, or 14" Avenue, A June 29, 1999 memorandum
from the Port supports the site plan approval and references the installation of a fire hydrant that
would be accommodated by the Port Everglades Authority.
Port Everglades provides unique industrial based developments to serve the greater South
Florida area. The special conditions and circumstances that effect the fire control concerns of
the Port Everglades Authority are not a result of the actions of the applicant. This variance
should not confer upon this applicant a special privilege that would not be enjoyed by other
properties within the Port Everglades facility; the literal interpretation of the zoning code would
deprive this applicant of rights commonly enjoyed by other properties, and would also result in
an undue hardship. Granting this variance would meet the general intent and harmony of the
zoning code. There will be a substantial increase in the landscapingq at this existing facility that
will be in the high profile area which fronts along Southeast 14` Avenue. This plan also
addresses the safety concerns identified by the Port Everglades facility.
The Planning and Zoning Board recommends approval of the variance and site plan subject to
the above comments and attached comments of the Port Everglades Authority.
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Jul 15 99 09: I0a Louann Cunningham 19541 9222687 P. 1
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POR it
G V ERUGLAD—F-5
Hollywood/Ft.Lauderdale/Dania
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.tQpartmedlt nt Hroward County
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July 12, 1999
Mr.Terry L. Virta
Growth Management Director
City of Dania Beach
l Do Nest Dania Beach Blvd.
Dania Beach,FL=?004
[ZE: SP-49-99-Proposed Site Plan"Everglades Pipeline"
Dear Mr.Virta:
This letter is in follow-up to my letter dated June 29, 1999 in reference to the above cited site
plan. I did not address the request for a variance to landscaping requirements at that time. It is
the Port's position to support the request in order to limit the danger of fire propagation \
presented by the abundance of trees surrounding the property. The proposed landscaping along
SE 14 Avenue is acceptable.
If I may be of any further assistance,please do not hesitate to contact me.
Sincerely,
/���
Louis M.Gagliardi
Assistant Director of Public Safety
cc: MitcheUN.Iiarvey
-UIOWARD COUNIY HOARIl OF C CAJfJT''I COf.AM)SSIONr HS*A.n tquui Opporturnty Employer ano Plowirr at Semlc"
`J men 4rra,t;lwn,i a I.Ca,.+� u:acrr '.uc.out')" ta,;I,L, Jaoku ticnr L,nOcvmml Lcr ICetree Parrv, .Intro E.Ruoctrur.Jr
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Jun 30 99 11 : 20a Lnuann Cunningham (9541 9222687 p.2
PORT
M Hollywood/Ft.Lauderdale/Dania
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Jane 29, 1999
Mr.Terry L.Virta
Growth Management Director
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,I'l,33004
RE: SP-49-99-Proposed Site Plan`'Everglades Pipeline"
Dear Mr. Virta:
Thank ynu for the opportunity to review the above cited site plan for Everglades Pipeline which
is within the jurisdictional boundary of Port Everglades. The Broward County Land \r
Development Code would require that a fire hydrant be installed within 150'of the new structure
in order to provide an adequate water supply for fie protection. The hydrant would be required
to be installed on a minimum 8" water main capable of supplying the required fire flows with a
minimum of 20 psi residual water pressure. The cost of installation would normally be the
owner's responsibility,however,the Port has planned to upgrade the water mains in this area
next year and will make the needed improvements.
The site plan,as submitted,is acceptable to this office. if I may be of any further assistant,
please do not hesitate to contact me.
Sincerely,
4�;P�74_]e
Louis M. Gagliardi
Assistant Director of Public Safely
cc: Mitchell N.Harvey
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