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Home My WebLink AboutR-1999-138 w, -� �t ..-�� -r L .� ?�- r. T _t RESOLUTION NO. 138-99 A RESOLUTION APPROVING THE VARIANCE REQUEST SUBMITTED BY ZEN MIERZWA,OWNER OF AMERICAN OFFSHORE MARINA, FROM CHAPTER 28, ZONING, ARTICLE 4,20, SCHEDULE OF USE REGULATIONS, SPECIAL EXCEPTION (4C) OF THE C-3 ZONING DISTRICT AND ARTICLE 6.20, OFF STREET PARKING REQUIREMENTS, FOR PROPERTY LOCATED AT 1451 OLD GRIFFIN RD., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28 Zoning, Article 4.20, Schedule of Use Regulations, Special Exception Requirements sets criteria for specific zoning districts, and Article 6.21 Off Street Parking sets the parking requirements for specific uses within the zoning code; and WHEREAS, Zen Mierzwa, owner of American Offshore Marina, has applied for variances (VA-40-99)from Article 4.20, Schedule of Use Regulations, Special Exceptions item (4c)of the C-3 zoning district which states that a dry stack boat storage facility use be allowed, but must contain less than 50 vessels and that the buildings on the site be no higher than 30 feet. Mr. Mierzwa is requesting that the existing building be allowed to remain at a height of 55 feet and to have 140 dry stack slips. He is also requesting a variance from Article 6.20, Off Street Parking Requirements to allow for a reduction in the number of required parking spaces from .7 per slip to .5 per slip for property located at 1451 Old Griffin Rd., Dania Beach; and WHEREAS, the Planning & Zoning Board on June 16, 1999, recommended that the City Commission grant the variances' request VA-40-99 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-40-99, for variances from Chapter 28 Zoning, Article 4.20, Special Exception Uses within a C-3 Zoning District and Article 6,21 Off Street Parking Requirements, a copy of which is attached as Exhibit "A" is approved and the appropriate city officials are directed to execute same. I RESOLUTION NO. 138-99 f a r 7 F Section 2 . That VA-40-99 approved by the Dania Beach City Commission on July 13, 1999, includes the condition that Zen Mierzwa, owner of American Offshore Marina, agrees to work with staff members on developing a Site Plan that will meet the spirit of the City's Design Guidelines and provide appropriate landscaping for facing two residential communities. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. 7 PASSED AND ADOPTED THIS 13'" DAY OF JULY, 1999. -l7"6R-COMMISSIONER r ROLL CALL: \ ATTEST: MAYOR BERTINO -YES VICE-MAYOR MCELYEA-YES ` COMMISSIONER FLING -YES SHERYL CHAPMAN COMMISSIONER CALI -YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH M S J. ANSBRO CITY ATTORNEY G1WPFILES\CLIENTS\DANIA\3-CONVERTED\R.va-40-99 American Offshowdoc 07/06/99 2 RESOLUTION NO. 138-99 f T I APPLICATION NUMBER: CITY OF DANIA BEACH Date stamp _ _/� 100 WEST DANIA BEACH BLVD. "[ DANIA BEACH, FL 33004 (954) 921-6700 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: American Offshore Marine,Inc. ADDRESS OF APPLICANT: 1451 Old Griffin Road Dania.FL 33004 PROPERTY INTEREST OF APPLICANT: Owner NAME AND ADDRESS OF PROPERTY OWNER:Same ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 1495 Old Griffin Road, Dania.FL See Attached Survey for Legal Description. PRESENT ZONING: C-3 LOT SIZE/AREA: 1.63 acres/71,114 sf PRESENT I PROPOSED USE OF PROPERTY: Pteserrdy the site is an unoccupied dry stack boat storage and repair facility. The applicant proposes to redevelop the property for use as a dry stack boat statage facility DESCRIPTION OF VARIANCE(S):(LIST THE CODE SECTION YOU WOULD LIKE THE VARIANCE FROM AND WHAT IS PROPOSED): Section 6.2.OPGtrm paricing from 0.7 spaeea per slip to 0.5 Section 4.7,Height restriction from 35 feet to 52 fat Section 4.2,Slip density from 50 to 140 LIST THE NAMES, ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E. ARCHITECT,ATTORNEY): Kevin M.McCabe,P.E.,President EDC Corporation(305)858-8100 2250 South Dixie Hwy.,Suite 2,Miami,FL 33133 PLEASE COMPLETE THIS PORTION OF THE APPUCA7ON CAREFULLY,EACH REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MER/Ts WITHOUT REGARD TO ANY OTHER PROPERTY. rho 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, stricture or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Applicant is seeking approval for rehabilitation of the subject property in accordance with applicable land use and zoning requirements. Variance requests relative to height and parkikng are consistent with adjacent parcel uses in the vicinity. f ■ r. -r 2) Provide evidence that the special conditions and circumstances do not result from the actions of the applicant. Redevelopment of the site(current use dry stack storage)is consistent w th the ermined use of the property City Ordinance, P P petty under 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. A twat of r ested variances is consistent with other fitted uses in the nei boyhood, 4) Provide evidence that the literal interpretation of the provisions of the zoning code would deprye the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary and undue hardship on the applicant. H OrdiLiters!in tetation of the Code would render the current devel mt in non-coin ance with the Zonin nance relative to atradn 5) Describe how the requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. The requested height variance will make the building compatible with the adjacent(east)parcel and will allow increased on-site parking 77 e1 Expain how l grant of the variance(s) the the la nin will be in harmony with the general intent and ptxpOse of g code, and that such vanance(s)will not be injurious to the area involved or otherwise delnmental to the public welfare. AP Droval of the requested varances v'i ll improve the current use site and will nei borhood. enhance the aesthetic treatment of the 7) Please add any other comments which may assist the City Commission and the Planning and Zoning Board in reviewing this r The a consist witit Ma2�� t fined use and land classification, This is to certify that I am the owner of the subject land(s)``described above in the petition for variance. (Complete only if applicable) I have also aL#honzed the undersigned petitioner to make and file this appliccaalllddion fpr,variance, STATE OF FLORIDA Sl RE OF APPLI COUNTY OF BROWARD I The forgoing instrument was ack etl / 1. ,L�6 19996y DPwled bet me o .tom . 2Lf) I11t4 �ZLL --�„a Florida Corporation,who is_penonelly [o for (^ame of snit—Y. 1:. •..,.:,.,� �, ,.as ldenbficaoon. Or reduced My Commission Expires: / l ' ' '=\� 2 I X PW1tq[ie M.jCruse y Commlaslon#CC 800071 ExpkeslUL 12,200I BONDED THRU >n.wnc BONDING CO.INC t_ b a r t 7 r FOR USE WHEN APPLICANT IS NOT OWNER OF SUBJECT PROPERTY:THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN E APPLICATION FOR SIGN ADJUSTMENT AND THAT I HAVE AUTHORIZED AFORESAID APPLICATION FOR A SIGN ADJUSTMENT. TO MAKE AND FILE THE I CD STATE OF FLORIDA SIGN E OF OWNER COUNTY OF BROWARD The forgoing instrument was ackn dged before me 9n aF�--�..��,as ftidel Uf l-p_ / 1999 by z�1 m l� z U.�{j lorida Corporation,wno is arsonally kno t ma for in me of entityi S as Identification. —produced MY Commission Expires: r r N TARY LIC ufffe M, _= use Check list for Planning Dept.: Plan NO CC$00071 r — Fees Survey __° ° 'tll�oweraRUwc 3 t .. -f r r, 7 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 a request, as follows: SE-39-99 — Special Exception request by Zen Mierzwa, representing American Offshore Manna, for property located at 1451 Old Griffin Rd., Dania Beach, FL. Mr. Mierzwa is requesting to continue using this site as a dry stack boat storage facility. The request is allowed as a special exception use in the C-3 zoning district item (4). VA-40-99 —Variance request Zen Mierzwa, representing American Offshore Manna, for property located at 1451 Old Griffin Rd., Dania Beach, FL. Mr. Mierzwa is requesting variances from the following City of Dania Beach Code of Ordinances: Chapter 28, Zoning, Article 4.20, Special Exception Uses within the C-3 Zoning District (4c) which states that a dry stack boat storage facility use be allowed but must contain less than 50 vessels and that the buildings on the site be no higher than 30 feet. The petitioner would like to renovate the existing site for continued use as a dry stack boat storage facility, and is requesting that the site be allowed to contain 140 dry stack slips and that the overall heights of the buildings be allowed to remain at 55 feet in height. Chapter 28, Zoning, Article 6.20, Off Street Parking Requirements, which state that .7 parking spaces are required per boat slip, The petitioner would like to request that he be allowed to use a calculation of .5 parking spaces per slip in conjunction with the requested use of a dry stack boat storage facility. (See site plan petition SP-41-99). Legally Described: Parcel "A", Oceanway Manna, according to the plat thereof, as recorded in plat book 88, page 1, of the public records of Broward County, Florida, together with a portion of the northeast quarter of Section 33, Township 50 south, Range 42 east, lying south of Griffin Rd., east of a line 30 fee, east of and parallel with the west line of the east one half of the northeast quarter of said Section 33, north of the Florida Power and Light Company easement as described in official record book 1116, page 451 o the public records of Broward county and west of the westerly edge of water of the C-10 canal, all more particularly described as follows: Beginning at the southwest comer of said parcel "A"; thence north 8E degrees 08 minutes 22 seconds east, 234.38 feet along the south line of said parcel "A" and the easterl% prolongation thereof to the westerly water's edge of the C-10 canal; thence north 01 degrees 00 minute's 27 seconds east, 197.57 feet along said westerly waters edge of the C-10 canal, same being the eas face of a concrete bulkhead; thence north 42 degrees 27 minutes 45 seconds east, 16.61 feet along saic waters edge; thence north 09 degrees 30 minutes 00 seconds east, 37.48 feet along said waters edge tc the southeasterly prolongation of the south line of the maintained right of way of Griffin Road as shown or miscellaneous map book 7, page 1 of the public records of Broward County; thence north 72 degrees Of minutes 29 seconds west, 46.38 feet to said south line of the maintained right of way for Griffin Road thence the following five courses along said south maintained right of way line, 1. North 72 degrees 0! minutes 29 seconds west, 70.60 feet; 2. North 69 degrees 37 minutes 05 seconds west, 50.83 feet; 3 North 67 degrees 22 minutes 15 seconds west. 50.82 feet: 4. North 65 degrees 24 minutes 37 second! west. 50.83 feet; 5. North 63 degrees 31 minutes 29 seconds west. 15.47 feet to the aforesaid line lying 3( feet east of and parallel with the west line of the east one half of the northeast quarter of said section 33 1 VA-99 Amencan 01lshore Manna Published: June 4. 1999 L f y at_ E Ya T 7 thence south 00 degrees 02 minutes 12 seconds east. 59.81 feet along said parallel line to the arc of non-tangent curve, concave to the northeast, having a radius of 1143.82 feet. (A radial line to said poir bears north 23 degrees 00 minutes 52 seconds east); Thence westerly, southwesterly and southerly alon. the arc of said curve through a central angle of 113 degrees 03 minutes 04 seconds, an arc distance c 49.33 feet to the point of tangency being on the west line of aforesaid parcel "A"; thence south 00 degree 02 minutes 12 seconds east, 248.57 feet along said west line of parcel "A" to the point of beginning. Sal lands lying in the City of Dania, Broward County, Florida, Containing 71,114 square feet, (1.6326 acres more or less. 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 Jabatee, 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 Gr i r'n Ro /4 NTER i I r er �. r'r10E N w. s y n h 4 , , .i1RW. a a -T 3 1 � v; o I CENTER a ,,,•>, I - � � QME $ �"{I�J.I0 ry kww 4 n ' NW 6^' ST j /9 e W l5 1� L / /TS DAItl IA 'ATL11WAY N�aINA11S9J �w raw:',• Y +j 1, i 4•L. CO EA9ENE T06. 'I. C— p� v /CAeOER TORT[YER UO Q i 1 67 ` 11 i T ANd LINE C-3 I MEN immmmone f �.pa ► / VA-99 Amencan Ottsh,m Marine Published: June 4,1999 L .. y s m AGENDA REQUEST FORM CITY OF DANIA BEACH Date: July 6, 1999 Agenda Item#: k Title: VA-40-99-VARIANCE -AMERICAN OFFSHORE MARINE 1451 OLD GRIFFIN ROAD-ZEN MIERZWA Requested Action: VARIANCE REQUEST TO ALLOW 140 DRY STACK SLIPS ON THE SITE AND THAT THE BUILDINGS BE ALLOWED TO REMAIN AT 55 FEET IN HEIGHT, ALSO, THAT THEY BE ALLOWED TO CALCULATE THE NUMBER OF OFF-STREET PARKING USING A FORMULA OF .5 SPACES PER SLIP Summary Explanation&Background: Exhibits (List): RESOLUTION MEMORANDUM VARIANCE APPLICATION PUBLIC HEARING NOTICE LOCATION MAP Purchasing Approval: Prepared By: TERRY L. VIRTA,AICP-GROWTH MANAGEMENT DIRECTOR Source of Additional Information: (Name 8 Phone) Recommended for Approval By: PLANNING AND ZONING BOARD JUNE 16, 1999 Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ L .. .f