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RESOLUTION NO. 139-99
A RESOLUTION APPROVING THE SIGN ADJUSTMENT REQUEST
SUBMITTED BY DONNA KRILICH,TRUSTEE FOR R.K.COMPANIES,
FROM CHAPTER 28, ENTITLED "ZONING",ARTICLE 27, "SIGNS",
SECTION 27.110 RESTRICTIONS IN AREAS ZONED COMMERCIAL,
FOR PROPERTY LOCATED AT 151 SW 18T" AVENUE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 28, Signs,
sets the signage criteria for specific zoning districts within the City of Dania Beach; and
WHEREAS, Donna Krilich, Trustee for R.K. Companies, has applied for a sign adjustment
(SA-43-99) to allow for a sign which is in excess of the allowed signage regulations in the
Commercial Zoning District for property located at 151 SW 18T"Avenue, Dania Beach; and
WHEREAS, the Planning &Zoning Board on June 16, 1999, has reviewed this matter and
forwarded this request for a sign adjustment without a recommendation to the City Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application SA-43-99, for a sign adjustment from Chapter 28,
entitled "Zoning",Article 27,"Signs", Section 27.110 restrictions in areas zoned commercial, 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repealed to the extent of such conflict.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,_1 9. /
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R—COMMISSIONER
I RESOLUTION NO. 139-99
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ATTEST: ROLL CALL:
MAYOR BERTINO - YES
` VICE-MAYOR MCELYEA- YES
SH RYL CH PMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORV AND CORRECTNESS:
BY: J i
THO AS J. A SBRO
CITY ATTORNEY
THOMAS J. ANSBRO
CITY ATTORNEY
G WFILESICLIENTSIOANIA13-CONVERTEOV-SA43 99 RK ComOemes Cac
MUM
2 RESOLUTION NO. 139-99
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Date stamp
[APION NU1JIBER: CITY OF DANIA BEACH100 WEST DANIA BEACH BOULEVARD
f3-�i 9 DANIA BEACH, FLORIDA 33004
-- (954) 921-8700
APPLICATION FOR SIGN ADJUSTMENT
The undersigned petitions the Planning and Zoning Board and the City Commission of the City of Dania
Bench, Floiida to consider a sign adjustment upon the parcels) of land described in this application.
NAMEOFAPPLICANT: R.K. Companies
ADDRE OPAPPLICANTc 1000 Royce Blvd, Oak Terrace, IL 60181
PHONE: 630-268-4000
PROPERTY INTEREST OF APPLICANT: owner
NAME AND ADDRESS OF PROPERTY OWNER(IF NOT THE APPLICANT):
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See Attachment I.
ZONING CLASSIFICATION: C-2 LOT SIZE: AREA:
PRESENT USE: Vacant
PRESEtdr 01GNAGE: None \
DESCRIPTION OF THE SIGN ADJUSTMENT REQUESTED (INCLUDING SPECIFIC CODE SECTION
REFERENCE): The applicant requests a variance to allow a
one hundred (100 ) foot sign visible from I-95 .
LIST THE NAMES AND ADDRESSES OF ANY EXPERTS (PLANNER,ARCHITECT,ATTORNEY, ETC.,
IF ANY) William Latham Michael Craddock AIA• Leigh Robinson
Kerr & Associates, I0c �04 E Las Olas Blvd, N104,
Ft Lauderdale, FL M0
phone: 467-6308 fax: 467-6309
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH REQUEST FOR A
SIGN ADJUSTMENT MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER
PROPERTY.
The fallowing questions pertain to the criteria upon which the City Commission and Planning and Zoning
Board will consider this application:
1. Describe how the sign will still maintain the basic intent and aesthetic improvement purposes of
the sign regulations, particularly as it affects the appearance and compatibility with properties in
the, surrounding areas.
C rya Attachment TT
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2) Provide evidence that the special conditions and circumstances do not result from the actions of
r the applicant.
See Attachment I2.
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.
See Attachment I2.
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.
Attachment J1_
5) Describe how the requested variance is the minimum variance that will make possible the
reasonable use of the land, building or structure.
— n I
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 public welfare.
------- Attachment II.
7) Please add any other comments which may assist the City Commission and the Planning and
Zoning Board in reviewing this request.
See Attachment I2.
---- - -- - - - -- - - - - - - -- - - - - - -- -- --- - -- --- -- - - --- -- --- ------ - -
This is to certify that I am the owner of the subject land(s) described above in the petition forvar]ance.
(Complete only if applicable) I have also authorized
he undersigned petitioner
—�_to make and file this application for c
STATE 01- FLORIDA SIGNAT E F APPLICANT
COUNTY OF UROWARD
The forgoing instrument was acknovAedged before me on
as[title] --��, 1999 by
_, a Florida Corporation,who is for[name of ontilyi�—
as rUenhliccrt;on. _Personally known tome,or produced
My Commission Expires:
NOTARY PUBLIC
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FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT P PERTY: THIS IS TO CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN APPLICATION FOR SIGN ADJUSTMENT
AND THAT I HAVE AUTHORIZED Lei h Robinson K r TO MA AND FILE THE
AFORESAID APPLICATION FOR A SIGN ADJUSTMENT.
SIGN TURE OF OW F.IC Aj,,SEALS
STATE OF FLORIDA ChakrobortY
COUNTY OF BROWARD D' State of Illinois
a Public, xp olt2gr002
The f,Qrgoing instrument was acknowledged before me on 1999
CtlfikA0pp0.iY , as[title[ K-For[name of
a Florida Corporation,who is_personally known to me,or_produced
as identification.
v
My Commission Expires:
NOTARY PUBLIC
Check list for Planning Dept: Plan— Fee_ Survey _
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ATTACHMENT H
Vnriaucc_('ritaria
This sign is intended to be visible from I-95. The aesthetics of the sign will be
Consistent with those signs in the area as well as the other sign variances that have
been granted in the area.
Signs permitted in the C-2 district would not be visible from the site due to the
lil'(crencc in grade elevations between the property and I-95 and also due to the
speed of cars traveling on I-95.
Due to the location of the Cracker Barrel restaurant and its relationship to I-95,
the sign variance is necessary in order to adequately direct travelers to the
I estaurant.
4 1-95 is adjacent to this site on the west. Due to this unique location and the grade
elevation differential between I-95 and the site, this sign variance is required in
order Ibr the sign to be visible to motorists on I-95.
I'he sign is not existing on the site.
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Cracker Barrel Old Country Store TYPICAL BUILDING FOOT PRINT:
Standard Civil Engineering Details 184-97 Building Prototype
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PRESENTATION DRAWING
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7 IOO'O OVERALL HEIGHT
PRESENTATION
DRAWING S24OPF-100-P I . I
SIGN ELEVATION SIGN PROM NOT FOR
CONSTRUCTION a
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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 an made to
the requests, as follows:
VA-42-99 — Variance request Donna Krilich / R.K. Companies, Inc. for property located at 151 SW lath
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 000) 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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VA-42-99 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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VA-42-99 SA 43-99 RK companies
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
Date: July 8, 1999
Agenda Item#: 36 I
Title:
SIGN ADJUSTMENT REQUEST-SA-43-99 BY DONNA KRILICH/R.K. COMPANIES, INC.
FOR PROPERTY LOCATED AT 151 SW 18T"AVE., DANIA BEACH
Requested Action:
APPROVAL FROM Chapter 28, entitled "Zoning', Article 27, "Signs", Section 27.110
Restrictions in areas zoned commercial
Summary Explanation&Background:
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.
Exhibits(List):
RESOLUTION +1
MEMORANDUM
VARIANCE APPLICATION
PUBLIC HEARING NOTICE
Purchasing Approval:
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name 6 Phone)
Recommended for Approval By:
THE PLANNING AND ZONING BOARD FORWARDED THIS REQUEST WITH NO
RECOMMENDATION ON JUNE 16, 1999
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MEMORANDUM
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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.
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