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RESOLUTION NO. 140-99
A RESOLUTION APPROVING THE VARIANCE REQUEST
SUBMITTED BY DONNA KRILICH, TRUSTEE FOR R.K.
COMPANIES, FROM CHAPTER 28, ZONING, ARTICLE 4.202,
SCHEDULE OF LOT, YARD AND BULK REGULATIONS, 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 4.202,
Schedule of Lot, Yard and Bulk Regulations, sets the height regulations for the City of Dania
Beach; and
WHEREAS, Donna Krilich, Trustee for R.K. Companies, applied for a variance (VA-42-99)
to allow for a proposed conference center to be built at a height of 48' , for property located at 151
SW 181h Avenue, Dania Beach; and
WHEREAS, the Planning & Zoning Board on June 16, 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 4,202, Schedule of Lot, Yard and Bulk Regulations),
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repealed to the extent of such conflict.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 13T" DAY OF July, 1999.
t RESOLUTION NO. 140-99
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YOR-COMMISSIONER
ATTEST:
ROLL CALL:
MAYOR BERTINO - YES
SHERYL HAPMAN c VICE-MAYOR MCELYEA- YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER CALI - YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMA J. A SB 0
CITY ATTORNEY
DG%WP 91LESICLIENTSIDANIAQ-C0WaRTEDV-vaA2-99 height variance rk companies.doc
2 RESOLUTION NO. 140-99
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NCATION NUMBER: CITY OF DANIA BEACH
— y2- q 100 WEST DANIA BEACH BLVD. 9
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: 1 000 Royce lvd k
PROPERTY INTEREST OF APPLICANT: owner
NAME AND ADDRESS OF PROPERTY OWNER:
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attachment r
PRESENT ZONING:C-2 & R-2 LOTSIZEIAREA:
PRESENT/PROPOSED USE OF PROPERTY: Vacant
FROM AND WHAT
DESCRIPTION OF VARIANCE(S): (LIST IS PROPOSED): THE CODE SECTION YOU WOULD LIKE THE VARIANCE
The applicant re guests a variance from the C-2 height restrictions
in Section 4 202 h Code
conference c a x the proposed
enter building, The ar licant also re uests a
parking variance to permit the spaces shown on the site plan, Proposed
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT, ATTORNEY):
William Latham Michael Craddock AIA• Lei h Robinson Kerr &
Associates, Inc. 808 E Las Olas Blvd
p one: 5 - 7_ , N104, Ft Lauderdale, FL 33301
308; ax: 467-6309
PLEASE COMPLETE THIS PORTION OFTHEAPPUCAT/ON CAREFULLY. EACH REQUEST FORA
VARIANCF_ 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
site distinctions other than those imposed by City 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 II.
5. 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 APPLI—CA T
COUNTY OFBROWARD
The forgoing instrument was acknowledged before me on 1999 by
as(tide] for[name of entity]
a Florida Corporation,who is,_personalty known to me,or
as Identification. _ produced
My Commission Expires:
NOTARY PUBLIC
FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJEC PR PERTY: THIS IS T CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IE AND THAT I HAVE AUT APPLICATION F R N ADJUSTMENT
HORIZEDLeiah Rob�na n r TO AFORESAID APPLICATION FOR A SIGN ADJUSTMENT, AN✓ THE
STATE OF FLORIDA SIG TURE OF
COUNTY OF BROWARD MCIAL SEAL°
// D. Chakroborty
The forgoing instrument was acknowedged before me on o`Z b ig t I St of in'
C'[1RKR�0.00.0 i ,as[t tle]'�FRYfn� A�pbLK p for[nam
a Florida Corporation,who Is_personally known to me,or
as identification.
My Commission Expires:
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ATTACHMENT I
LEGAL DESCR/PUCK,
PARCEL 'A"ACCORDING TO THE PLAT 0r DUKE & DUKE SUBDINS/ON'AS RECORDED IN PLAT 800,r 124,
PAGE 48 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS PARCEL II/ FAIRFIELD 101, IIORE
PARTICULARLY DESCRI8ED AS FOLLOIVS
i COMMENCE AT 1NE SOUTHWEST CORNER OF PA.4CEC A, KR/L1CH PLAT, ACCORDING TO THE PLAT 7HER£OF
AS RECORDED IV THE PLAT BOOK 142, PACE 19, PUBLIC RECORDS, BROUkRD COUNTY, FLORIDA; THENCE i
j NOR7/ O12128" WEST, ALONG THE 13ES7ERLY LINE OF SAID KR/L/CH PLAT, FOR I24.3J'FEET TO ME j
{ SOUTHEAST CORNER OF SAID PARCEL A, DUKE & DUKE SUSDIWSaV,, AND POINT OF BE&Aw1,vG,• THENCE F
50UTH 8754'08" 1YFST, ALONG THE SOUTHERLY LIVE OF SAID PARCEL A, Fog i9.71'FEET TO fHE I;£SlERLY
LINE OF SAID PARCEL A; THENCE NORTH 0078'IJ" EAST FOR 15.80'FEET; I}/ENCE NORTH 05'4259' EAST L
FOR 88.48' FEET TO A POINT OF CURYA 7URE,' 7HENCE NORHI£ASTERLY, ALONG CIRCULAR CURbF TO THE i
LEFT, HANNG A RADIUS OF 5929.55' FEET, A CENTRAL ANGLE OF 015375; FOR AN ARC DISTANCE OF
19564'FEET TO A POINT ON A CURVE SAID POINT BEARS NORTH 04'7926"£AST FROM THE RAD/US POINT
OF THE NEXT DESCRIBED CURVE, D/E LAST(J) A/ENBONED COURSES BEING CO/NC/DENT IN PART WH 7H£
WESIERLY LINE OF SAID PARCEL A, THENCE 50117HEASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT '
HA ONG A RADIUS OF 703 00'FEET, A CENTRAL ANGLE OF OJ29Y6, FO4 AN ARC DISTANCE OF 4292'FEET
TO IHE WES7ER1Y LINE OF SAID KRIZICH PLAT* IHENC£ SOUTH 017128"EAST, ALONG SAID HE57ERLY LINE,
FOR 29a94'FEET TO THE POINT OF BEGINNING AND CONTAINING 16,,015' SOUARE FEET, MORE OR LESS(0.41
ACRES MORE OR LESS).
ALSO TOGEIHER W11H.• A PORT708 OF PARCEL A'ACCORDING TO THE KRILICH PLAT AS RECORDED IN PLAT
BOOK 142, PAGE 19 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, A1O4E PARTICULARLY
DESCRIBED AS FOLLOWS•
AT THE BEGINNING NORTHEAST CORNER OF SAID PARCEL /// FAIRnE10 INN,' THENCE EASTERLY ON A CURVE
OF NON-TANGENCY,.BEING CONCAVE TO THE SOUTH NAWNG A RADIUS OF 705.00'FEET, A CEN7RA1 ANGLE
OF 2278'11; FOR A ARC DISTANCE OF 276.48'FEET; SAID LINE ALSO BEING THE NORM LINE OF PARCEL I
FAIRnEL0 INN,• TO A NON-TANCENRAL LINE, SAID L/NE ALSO BEING 1HE EAST LINE PARCEL A, KR/LICH PLAT
AS ME817ONE0 BEFORE,• IHENC£NORTH 0121 04' WEST FOR 159.20'FEET; TO SOUTH LINE PARCEL A"DUKE
& DUKE SUBD/NSION,• THENCE SOUTH 8754 08' WEST FOR 157.46'FEET THENCE SOUTH 0171 28" EAST FOR
6010'FEET BACK TO SAID POINT OF BEGINNING.
SUBJECT PROPERTY CON7A7N1.4'G J7,625 SQUARE FEET MORE OR LESS (8.62 ACRES ALORE 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
Heieht 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.
Parking 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 13, 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 / R.K. Companies, Inc. for property located at 151 SW 181°
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..Klerr is
requesting relief from this code section by allowing the proposed structure to be built at a height of 48'for aj
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 Location Map
Planning Technician
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VA42-99 SA 43.99 RK companies
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AGENDA REQUEST FORM
CITY OF DANIA BEACH ri
Date: July 8, 1999 Agenda Item#:
3�
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:
APPROVAL FROM CHAPTER 28, ZONING ARTICLE 4.202 SCHEDULE OF LOT, YARD AND
BULK REGULATIONS PERTAINING TO HEIGHT REGULATIONS
Summary Explanation& Background:
PETITIONER IS PROPOSING TO ALLOW CONSTRUCTION OF A CONFERENCE CENTER AT
A HEIGHT OF 48 FEET.
Exhibits(Lisp:
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 JUNE 16,1999
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 Parking Variance/ Height Variance
SA-43-99 Sign Adjustment Request
Date: July 8, 1999
The request for the relief from the parking standards is being reviewed by
Hughes, Hall Inc. and is not available for this meeting. The applicant's consultant,
Kimley Horn is working with the City's Consultant in conducting this analysis. It is a
complex issue due in part to 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.
The height variance for the conference center is a request that would place this
portion of the site under the same height requirements as the remainder of the property.
The applicant is seeking authorization to build his conference center up to 48 feet in
height. This issue was briefly addressed at the time that this portion of the site was
being considered for rezoning and the overall site plan was being reviewed.
The applicant is also seeking a sign waiver to be able to construct a pole sign
100 feet in height and 238 square feet in area. The Sign Ordinance would allow a sign
to be a maximum of 50 feet or 25 feet above the grade of the Interstate whichever is
less. The ordinance also allows a maximum of 48 square feet. It seems at least on the
surface that this request is excessive in light of the actual code maximums. It is a fact
that this same restaurant chain has outlets in South Florida that have significantly
smaller signs and in one case has no pole sign at all.
RECOMMENDATION
The Planning and Zoning Board recommends that the height variance for the
conference center be approved as requested. The Planning and Zoning Board has
forwarded the request for the sign waiver to the City Commission without a
recommendation. They would like the City Commission to know that they as a Board
have badly fractured opinions as to the merits of this request.
=Mem0v 42&W3NIm
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