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RESOLUTION NO. 156-99
A RESOLUTION APPROVING THE VARIANCE REQUEST
SUBMITTED BY DONNA KRILICH / R.K. COMPANIES, INC.,
FROM CHAPTER 28, ZONING, ARTICLE 6.20, OFF STREET
PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 151
SW 18TH AVENUE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Zoning, Article 6.20, Off
Street Parking Requirements, sets the parking requirements for the City of Dania Beach; and
WHEREAS, Donna Krilich/R.K. Companies, Inc. applied for a variance (VA-42-99)to allow
for the parking requirements to be reduced for property located at 151 SW 18"Avenue, Dania
Beach; and
WHEREAS, the Planning & Zoning Board on July 21, 1999, recommended that the City
Commission grant variance request VA-42-99 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-42-99, for a variance as described above(from
requirements in Chapter 28, Zoning, Article 6.20, Off Street Parking), 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repealed to the extent of such conflict.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.
PASSED AND ADOPTED THIS 27T"DAY OF JU , 1999.
R—COMMISSIONER
I RESOLUTION NO. 156-99
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ATTEST: ROLL CALL:
MAYOR BERTINO- YES
VICE-MAYOR MCELYEA- YES
SHERYL CH PMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER MIKES - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: n
THOM" S . AN RO
CITY ATTORNEY
2 RESOLUTION NO. 156-99
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AGENDA REQUEST FORM
CITY OF DANIA BEACH r
Date: July 22, 1999 Agenda Item#: J®
Title:
VARIANCE REQUEST—VA-42-99 BY DONNA KRILICH/R.K. COMPANIES, INC. FOR
PROPERTY LOCATED AT 151 SW 18T"AVE., DANIA BEACH
Requested Action:
Chapter 28, Zoning, Article 6.20, Off Street Parking Requirements, the petitioner would like
to request that he be allowed a reduction (35%) in the parking calculations for the existing
hotel and proposed conference center, hotel and restaurant. It is anticipated that patrons
using this site will take advantage of more than one of the uses during any one visit to this
mixed-use site. (See site plan petition SP-21-99).
Summary Explanation &Background:
Exhibits(List):
RESOLUTION
MEMORANDUM
VARIANCE APPLICATION
PUBLIC HEARING NOTICE
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 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-42-99 Off Street Parking Variance
Date: July 22, 1999
Hughes, Hall Inc has reviewed the request for the relief from the parking
standards. It is a complex issue due the restaurant being a popular eating
establishment. The popularity of Cracker Barrel Restaurants makes parking or the
sharing of it a difficult situation to review.
RECOMMENDATION
Staff would support the parking variance for this combined facility if full
documentation was to be provided to the City. The applicant's consultant has provided
a parking analysis, which demonstrates that the combined facility could function with the
reduced parking. However their analysis is tied to a study by reference but which was
not supplied to the City (see attached letter from Hughes, Hall Inc.). The City's
consultant has suggested that not having the referenced study to determine its
relevance to this situation that the applicant should reserve sufficient land as a parking
reserve to protect against possible short falls.
The Planning and Zoning Board held a Public Hearing on this matter at their July
21, 1999 meeting. As a result of that Hearing they are recommending that the City
Commission approve the variance as requested.
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Date stamp
[APPLICA7TION NUMBER: CITY OF DANIA BEACH 9
Z_0t� 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: R.K. Companies
ADDRESS OF APPLICANT: 1000 Royce Blvd Oak T rrace IL 60181
PROPERTY INTEREST OF APPLICANT: owner
NAME AND ADDRESS OF PROPERTY OWNER:
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attachment I.
PRESENT ZONING:r-2 R R-2 LOT SIZE/AREA:
Vacant
PRESENT!PROPOSED USE OF PROPERTY:
DESCRIPTION OF VARIANCE(S): (LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE
FROM AND WHAT IS PROPOSED):
The applicant requests a variance from the C-?._height restrictions
in Section 4 .202 of the Code of Ordinanges to allow the nroDoseed
conference center buildin . The a licant also Ee uests a
parking variance to permit the spaces shown on the proposed
site plan.
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT,ATTORNEY):
William Latham Michael Craddock AIA; Leigh Robinson Kerr &
3301
Associates, Inc. 808 E Las alas Blvd, H104 , Ft Lauderdale, FL 3.
phone:�4-4� _ g; ax: 467-6309
PLEASE COMPLETE THIS PORTION OF THEAPPLICAT70N CAREFULLY. EACH REQUESTFORA
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 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.
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2. Describe how the signs permitted under this code cannot be adequately viewed due to physical
r site distinctions other than those imposed by CRY ordinances or created by the applicant.
See Attachment II.
3. Describe how the architectural design of a structure or the site plan pose unique and extenuating
characteristics which are not compatible with the requirements of the sign article.
4. Describe how the structure or site configuration are unique,which causes the signage permitted
by this article to be ineffective in identifying a use or structure that would otherwise be entitled to
a sign.
See Attachment 2I.
S. If the sign is an existing sign, describe the age of the sign and the extent to which the sign
deviates from the existing code requirements,in addition to the criteria above.
STATE OF FLORIDA SIGNA RE OF APPLICA
COUNTY OFBROWARD
The forgoing instrument was acknowledged before me on
as[title] w 1999 by
aFlodda for[name ofentity]�
as Identification. Corporation,Who is---penally known to me,Or_produces—"
My Commission Expires:
NOTARY PUBLIC
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJE P PERTY: THIS IS T CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IE APPLICATION F R N ADJUSTMENT
AND THAT I HAVE AUTHORIZED
AFORESAID APPLICATION FOR A SIGN A0.IUSTMENT. n TO ANp FI THE
STATE OF FLORIDA SIG TURE OF
COUNTY OF BROWARD ' MCLIL SEAT.'
The forgoing instrument was acknowledged before me on �gvIi6ijD. Chakrobortynnnlryas[ttle] '�FR56NA1 '� 19 t I St of Illinois
a Florida Corporaoon— whr o f—H N K for[nam
as ident ication. ---personally mown tome,or
produced
My Commission Expires: -� -
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ATTACHMENT I
LEGAL DESCRIPTTaV,-
PARCEL A' ACCORDING TO THE PLAT OF DUKE & DUKE SUBOINS/ON"AS R£CORO£D /N PLAT BOOK 124,
PAGE 48 OF THE PUBLIC RECORDS OF SROWARD COUNTY, fi ORIDA, LESS PARCEL /1/ fA1Rr1fLD LVA! MORE
PARTICULARLY D£SCR/BED AS FOLLOWS•
i COMMENCE AT THE SOUTHIIrST CORNER OF PARCEL A. KRILICH PLAT, ACCORDING TO Th,E PLAT THEREOF
AS RECORDED IN THE PLAT BOOK 142, PAGE 19, PURL/C RECORDS BRO)VARD COUNTY, FLORIDA; !HENCE
NORJH Ol71'28" NEST, ALOVG THE )IESTERLY LINE OF SAID KRILICH PLAT, FOR L2''.JJ'FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL A. DUKE & DUKE SUSDIwSON, AND POINT OF B£6myv,YG,, THEA'CE '-
SOUTH 875408" )VEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL A. FO,R 79.72'FEET TO He IiESTERLY
LINE OF SAID PARCEL A. THENCE NORTH 00'18YJ'EAST FOR 1580'f£ET; THENCE NORTH 05'4259" EAST `
FOR 88.48'FEET TO A POINT OF CURVA TUR£,• THENCE NORHI£ASTERL Y, ALONG CIRCULAR CURVE TO THE ^�
LEFT, HA 14NG A RADIUS OF 5929.65'FEET, A CENTRAL ANGLE OF 015325; FOR AN ARC DISTANCE Of
19564'FEET TO A POINT ON A CURVE, SAID PWNT BEARS NORTH 04'1926" EAST FROM THE RADIUS POINT
OF THE NEXT OESCR/BED CURD£ THE LAST(J) AIEN mvm COURSES BEING CO/NC/OEN7 IN PART WIN THE
WESIERLY LINE OF SAID PARCEL A. THENCE SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT
HA NNG A RADIUS OF 70500'FEET, A CENTRAL ANGLE OF 0329'16, FOR AN ARC DISTANCE OF 4292'FEET
TO ITT£ WESTERLY LINE OF SAID KRILICH PLAT' THENCE SOUTH 012128"EAST, ALONG SAID 6ESTERLY LINE,
FOR 290.94'FEET TO THE POINT OF BEGINNING AND CaYrA/N/NG 16,,015' SQUARE FEET, MORE OR LESS(0.41
ACRES AIORE OR L F.SS).
ALSO TOGETHER IWIH.• A PORDON OF PARCEL 'A'ACCORDING TO THE KRIUCH PLAT AS RECORDED IN PLAT
BOOK 142, PACE 19 OF THE PUBLIC RECORDS OF BROWARO COUNTY, fLOR/DA, UWE PARITCULARLY
DESCRIBED AS FOLLOIST
AT THE B£G/NN/NG NORTHEAST CORNER OF SAID PARCEL /// FAIRFIELD INN,* THENCE EASTERLY ON A CURVE
OF NON-TANGENCY,-BEING CONCAVE TO THE SOUTH NA VIVO A RADIUS OF 70500'FEET, A CENTRAL ANGLE
OF 2226'11; FOR A ARC DISTANCE OF 276.48'FEET,• SAID LINE ALSO BEING THE NORTH LINE OF PARCEL I
FAIRnCID 1NN,• TO A NON-TANCENRAL LINE, SAID LINE ALSO BEING THE EAST LINE PARCEL A. KRILICH PLAT
AS AI£NT70NED BEFORE,* THENCE NORM 017/104' WEST FOR 159.20'FEET TO SOUTH LINE PARCEL A"DUKE
& DUKE SUB0INS/ON,• THENCE SOUTH 8754 08' WEST FOR 257.48'FEET,• THENCE SOUTH 0121.28" EAST FOR
60.10'FEET BACK TO SAID POINT OF 8£G/NN1NG.
SUBJECT PROPERTY CONTA/MNG J7,625 SQUARE FEET, MORE OR LESS (8.62 ACRES .VO-7E OR LESS)
Together with Lots 2-7, Plat book 12, Page 45 of the public records
of Broward County.
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ATTACHMENT II
Variance Request
Height Variance
This variance pertains only to that portion of the property described as Lots 2-7, Plat
Book 12, Page 45. The Applicant requests a variance to allow a Conference Center
approximately 48 feet in height.
Parkine Variance
The applicant proposes a mixed-use development that includes an existing hotel and
proposed conference center, hotel and restaurant. It is anticipated that patrons using this
site will take advantage of more that one of the uses during any one visit to the site.
Therefore, some adjustment in the parking requirement should be made in order to
account for the mixed-use nature of this development.
Variance Criteria
1. A height variance was previously granted on the majority of this property. In
order to master plan this entire site for the mixed use development it is necessary
to apply the previous variance to entire project.
2. The developer of the site was not involved with the subject site at the time that the
previous variance was initiated.
3. This is not a use variance. The applicant is requesting the ability to develop uses
that are allowed on all property zoned C-2,in the City of Dania Beach.
4. The applicant is requesting the ability to construct a mixed use development with
uses permitted the C-2 District and at the same time preserve as many trees as
possible on the site. Due to the commitment to preserve and protect existing
trees,the application of the code requirements would present an undue hardship
on the applicant.
5. The applicant is requesting a variance that is consistent with the previous variance
granted for the property. In addition,the City's Code does not make provision for
a mixed-use parking calculation which is common in many zoning codes.
Therefore, this is the minimum variance needed to implement the applicant's
development plan.
6. This height variance is consistent with the variance previously granted for the site.
Therefore, it was previously determined that the variance would be in harmony
with the general intent and purpose of the Code. The Code does not prohibit the
mixed use parking ratio; it is silent on this issue. Adequate parking will be
provided so as not to create a burden for the site or the surrounding properties.
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/ CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Board
on June 16. 1999 at 7:30 p.m., and the City Commission on July 27, 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
the requests, as follows:
VA-42-99 — Variance request Donna Krilich I R.K. Companies, Inc. for property located at 151 SW 18'"
Ave., Dania Beach, FL. Mr. Kerr is requesting variances from the City of Dania Beach Code of
Ordinances as follows:
Chapter 28, Zoning, Article 4.202, Schedule of Lot, Yard and Bulk Regulations which states that the
allowed height requirement be no more than 2 stories or 35' in the C-2 zoning district. Mr. Kerr is
requesting relief from this code section by allowing the proposed structure to be built at a height of 48' for a
proposed conference center;
Chapter 28, Zoning, Article 6.20, Off Street Parking Requirements, the petitioner would like to request that
he be allowed a reduction (35%) in the parking calculations for the existing hotel and proposed conference
center, hotel and restaurant. It is anticipated that patrons using this site will take advantage of more than
one of the uses during any one visit to this mixed-use site. (See site plan petition SP-21-99).
SA-43-99 — Sign Adjustment request - Chapter 28, entitled "Zoning", Article 27, "Signs', Section 27.110
Restrictions in areas zoned commercial. The petitioner would like a variance to allow construction of a
one hundred (100) foot sign which would be visible from 1-95 for the proposed "Cracker Barrel" project. �
Legally Described: Commencing at the southwest corner of parcel A Krilich Plat, according to the plat
thereof as recorded in plat book 142. page 19 of the public records of Broward County, Florida; Thence
north 1 degree 21 minutes 28 seconds west, along the westerly line of said Krilich Plat, a distance of
124.33 feet to the southeast corner of Parcel A, of the Duke & Duke Subdivision as recorded in Plat
Book 124, page 48, of the public records of Broward County, Florida; Thence south 87 degrees 54
minutes 08 seconds west, along the southerly line of said Parcel A, a distance of 79.72 feet to the
westerly line of said Parcel A; thence north 0 degrees 18 minutes 13 seconds east a distance of 15.80
feet; thence north 6 degrees 42 minutes 59 seconds east, a distance of 88.48 feet to a point of
curvature; thence northeasterly, along a circular curve to the left, having a radius of 5929.65 feet a
central angle of 5 degrees 59 minutes 24 seconds a distance of 619.91 feet to a point on the curve
having a radial bearing from the radius point of south 89 degrees 16 minutes 254 seconds east, said
point being on the west line of the said Duke & Duke subdivision at a point of beginning; thence north
87 degrees 52 minutes 10 seconds east a distance of 294.53 feet; thence south 1 degree 21 minutes
04 seconds east a distance of 280.00 feet; thence south 87 degrees 52 minutes 10 seconds west a
distance of 311.35 feet to a point on the westerly line of Duke & Duke subdivision said point also being
on a curve with a radial bearing from the radius point of south 86 degrees 33 minute 39 seconds east;
thence northeasterly along said curve to the left having a radius of 5929.65 feet, a central angle of 2
degrees 42 minutes 48 seconds a distance of 280,75 feet to the point of beginning, the last course
being coincident with the easterly right of way of interstate 95 (state road no. 9). The above described
property containing 84,504.48 sq. ft. (1.9 acres ) more or less.
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VA42-99 SA 43-99 RK companies
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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
Planning Technician
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VA-42-99 SA 43-99 RK companies
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