HomeMy WebLinkAboutR-2008-091 Atlantic Village Marina Variance RESOLUTION NO. 2008-091
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY DEBBIE M. ORSHEFSKY,
ESQUIRE WITH THE LAW FIRM GREENBERG TRAURIG REPRESENTING
BAYARD SPECTOR,PRESIDENT OF ATLANTIC VILLAGE MARINA,FROM
CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 1541 GRIFFIN
ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 4.20,sets
the lot, yard and bulk regulations for properties within the City of Dania Beach; and
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28, "Zoning",Article 6.21,sets
the off street parking regulations for the City of Dania Beach; and
WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.22,sets
the off street loading regulations for the City of Dania Beach; and
WHEREAS, Debbie M. Orshefsky, Esquire with the law firm Greenberg Traurig
representing Bayard Spector, President of Atlantic Village Marina, has applied for the following
variances:
1. VA-05-08 - To allow a building height of.-
a) 12-stories/157 feet for an office building;
b) 12-stories/130' for the hotel/condominium building
(Chapter 28, "Zoning", Article 4.20, "Schedule of Lot Yard and Bulk Regulations"
permits a maximum height of 3-stories/40 feet in a C-3 Zoning District);
2. VA-06-08 - To allow a loading zone with 11 feet 4 inch clearance; (Chapter 28, "Zoning",
Article 6.22, "Off-Street Loading" requires a 14 foot clearance);
3. VA-07-08 - To allow 18 loading spaces;code requires 23. (Chapter 28,"Zoning",Article 6.22,
"Off-Street Loading" requires 23 berths);
4. VA-10-08 - To allow 965 parking spaces; (Chapter 28, "Zoning", Article 6.21, "Off-Street
Parking" requires 1,488 spaces);
for property located at 1541 Griffin Road, Dania Beach; and
WHEREAS,the Planning & Zoning Board on May 21, 2008, recommended that the City
Commission grant variance requests VA-05-08, VA-06-08, VA-07-08 and VA-10-08, 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 applications VA-05-08,VA-06-08,VA-07-08 and VA-10-08,
for the variances described above from requirements in Chapter 28, "Zoning", of the City of Dania
Beach Code of Ordinances, a copy of which application is attached and made a part of this
Resolution as Exhibit"A", is approved.
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 on June 10, 2008.
ALBERT C. JON
Is Futsr oT MAYOR—COM SSIONER
r
ATTEST:
LOUISE STILSON, CM
CITY CLERK
APPROVED AS TO F R� ANTCORRECTNESS:
III
BY:
TH MAS B O
CITY ATTORIlly
2 RESOLUTION 42008-091
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954) 924-3645 Phone
www.daniabeachfl.gov
General Development Application
❑ Administrative Varianceti`}.err _ s (
❑ Assignment of Flex/Reserve Units t r
❑ Land Use Amendment
EI Plat
❑ Plat Delegation Request ).�'fl� B 20I)8 c5
❑ Rezoning Date Rec'd: �� a
❑ Site Plan
❑ Special Exception l ) Gar. Petition No.
❑ Trafficway Waiver
-5k Variance
❑ n Roadway Vacation v n -
❑ Extended Hours
❑ Other:
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of your application. As always, the applicant or their
authorized legal agent must be present at all meetings. All projects must also obtain a building permit from
the City's Building Department.
Location Address: 1541 Griffin Road, Dania Beach, F1 33004
Lot(s): Block: Subdivision:
Recorded Plat Name: -Village Marina
Folio Number(s):T n Sp422A11 n n 1 n Legal Description: SPp Attached
Applicant/Consultant/Legal Representative (circle one) Bayard—Sd Spector
Address of Applicant: 9999 S.W. 89th Court mi Fi
Business Telephone: 9549215595 Home: 3052747893 Fax: 9549217410
Name of Property Owner: _ Bayard W. Spector
Address of Property Owner: 9999 S W 69th Court, Miami , Florila
Business Telephone Same Home: same Fax: same
Explanation of Request: Variances
For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per
Article 10.13 of Chapter 28, Zoning Code.
Prop. Net Acreage: 6 . 4 8 7 Gross Acreage:9 . 319 Prop. Square Footage: 1 , 101 , 3 5 0 s f
Existing Use: Marina Proposed Use: Hdtel , marina , office
Is property owned individually, by a corporation, or a joint venture? Tnrl;v; dual 1 v
I understand that site plan and variance approval automatically expires within 12
mol�hs of City Com fission approval, pursuant to Ordinance No. 2005-040.
�'r/�-✓� ��9/.s�D lam'. S�'����+2,
Applicant/Owner signature Print Name Date(
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
This ! hday ofh( 2003
,Ut Signature:
Date:
Sign Na of Notary Puh is (print Name)
State of )
-O _ u h i
Print Name df Notary Street Address, City, State and Zip Code
. �;; MARYM.KNIGHT
n FxPIRE �� Telephone No. & Fax No.
F , ��` �arnN Nao ryZ1,2011
7 PuWk U'iEerWMen
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have authorized
(Applicant/Consultant/Representative) to make and file the
aforesaid application.
Sworn tq and subs�jribed before me Owner:�a a S a e T�
This /'T�h day ofJ l� 20&
(� Signature:
Date:
�i gYAR �> w . SPFE
Sign Na e f o ary Publ c (Print Name)
ate of )
Print Na e of Notary ki Street Address, City, State and Zip Code
Commission Expires: 3 vJ Z > y 7 p9�
Seal: Telephone No. & Fax No.
•,�yM'.y MARY M.KNIGHT
MY COMMISSION I DO 644808
= EXPIRES:Febmary27,2011
EXHIBIT "A"
LEGAL DESCRIPTION
VILLAGE MARINA PLAT, recorded in Plat Book 129, Page 3, of the public
records of Broward County, Florida, located at 1541 Griffin Road, adjacent
to the Dania Cut-off Canal, Section 33, Township 50 South, Range 42
East, in the City of Dania Beach, Florida.
I. Explanation of Request:
The Applicant, Bayard Spector, is requesting four (4) variances from the dimensional
requirements pertaining to height and loading spaces set forth in the City's Code of
Ordinances. This variance request a companion to a pending site plan application. We are
hereby submitting the following variance requests:
Variance Request Required Provided Previously
Approved
Height of Hotel 40' 130' 110,
Height of Office 40' 157' 110,
Vertical Clearance 14' 1 F-4"(hotel) N/A
for Loading Zone 12'-3" (office
Spaces
Loading Spaces 1 22 18 N/A
The subject property is located at 1541 Griffin Road and is known as "Atlantic Village
Marina" (the "Proposed Development"). The Proposed Development will consist of a hotel,
office and marina complex.
a. Previously Approved Height Variance
On March 13, 1985, the City Commission granted a height variance in order to construct the
hotel and office complex up to 110 feet in height. (Exhibit 1, attached City Commission
minutes). Per Staffs recommendation, the variance approval was subject to FAA and
Broward County approval. In a letter dated October 12, 2005, the City Attorney provided us
confirmation that the variance approval granted was still in full force and effect(Exhibit 2).
b. Justification For Request For Additional Height Variance
As reflected in the enclosed letter from the Applicant, over the past few years,the Applicant
has sought and obtained airspace permits from both the FAA and FDOT (Exhibit 3, letter
dated January 15, 2008, with copies of permits attached). During FDOT and FAA review of
the project,the FAA recommended that the height of the garage on the north side of the hotel
be lowered. Because of this modification and loss of valuable parking,the FAA permitted an
increase in height of the hotel from 110 feet to 130 feet and an increase in the height of the
office complex from 110 feet to 157 feet(See Exhibit 3, copies of FAA permits).
c. Justification For Request For Vertical Clearance and Loading Space Variance
As a result of the height increase approved by the FAA, minor modifications impacting the
loading areas were needed to complete the site plan. The height of the garage was lowered
causing a loss of parking and also requiring a redesign of the parking areas. Our team has
conferred with City staff regarding the loading spaces required under the Code and discussed
the fact that the hotel would require less loading spaces. The hotel combines the food,
beverage and housekeeping services and will generate less loading needs as opposed to other
proposed uses that have various vendors. Based on the shared services and reduced need for
loading spaces, the Applicant is requesting a variance to reduce the total number of loading
spaces from 22 to 18. In addition, the Code requires a 14 foot vertical clearance in order to
permit delivery trucks to enter the garage. As shown on the site plan, the loading space sizes
are 12'x25', and it has been detennined that trucks that fit that size would not require the 14
foot vertical clearance. The Proposed Development will include a total of 18 loading spaces
10 of which are located outside the garage areas. Therefore, these 10 spaces do meet the 14
foot vertical clearance. The remaining 8 spaces are located within the garages (2 spaces in the
office garage, and 6 spaces in the hotel garage). The Applicant is requesting a variance to
permit the 8 spaces that cannot meet the 14 foot vertical clearance requirement.
H.Variance Criteria:
The Applicant is submitting the following criteria statement in support of its variance
requests for the Proposed Development, pursuant to Section 10.13. of the City's Code of
Ordinances
a.Height Variance
1. 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,-
The previous height variance and the airspace permits issued by the FDOT and FAA create a
special condition that is peculiar to the Proposed Development. The special condition is not
applicable to other properties within the zoning district and is unique to the Proposed
Development. The Applicant is seeking these variance requests in order to construct the
hotel, office and marina complex and the variance approval would be consistent with the
airspace permits issued for this property.
2. That the special conditions and circumstances do not result from the actions of the
applicant;
The height variance approved by the City Commission remains valid, however, the approval
was subject to FAA and Broward County approvals. As discussed in the letter dated January
15, 2008, the FAA airspace approvals permitted an increase in height for the hotel and office
buildings and constitute a special condition of this property (See Exhibit 3). Therefore, the
Applicant is requesting a variance to increase the height, as permitted by the FAA, and is not
seeking to increase the height beyond the FAA approvals (See Exhibit 3, attached airspace
permits).
3. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in this same zoning
district;
r properties located
within the zoning district do not have the same history of approvals
Other g
P P
associated with the subject property, therefore, the variance approvals would not confer a
special privilege on the property that is denied to other owners. The Applicant is only
seeking those variances necessary to construct the Proposed Development and has not
exceeded the limitations set forth in the airspace approvals issued by the FDOT and FAA.
4. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district;
Because of the issuance of previous City, County, and FAA approvals, a literal application of
the provisions would deprive the Applicant rights enjoyed by other owners in the district to
develop their property. The Applicant is seeking only to increase height as set forth in the
airspace approvals issued by the FAA. A literal interpretation of the provisions would
overlook the fact that the City Commission approved the original height variance subject to
FAA and County review. The Applicant has received approvals from both agencies and has
provided copies of airspace permits concluding that the height increases would not be a
hazard to air navigation.
5. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
The Applicant is seeking only those variance approvals necessary to construct the Proposed
Development and therefore,permit the Applicant a reasonable use of the land. The Applicant
has designed the Proposed Development within the parameters set forth in the airspace
approvals issued by the FDOT and FAA.
6. That the grant of the variance will be in harmony with the general intent and purpose of
this chapter, and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
As required by the City Commission and due to its proximity to the airport, the Proposed
Development has undergone review by the FAA and FDOT. The Applicant has received the
requisite airspace permits and is seeking to construct within the height parameters set by the
FAA. Based on the previous height variance and FAA permits, approval of this variance
request would not be injurious to the surrounding area or detrimental to the public welfare.
The FDOT and FAA reviews ensure that the project height does not negatively impact the
surrounding area as well as air navigation.
b. Vertical Clearance and Loading Space Variance
1. 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;
Because of the height increase, the site design had to be modified, which impacted the
loading areas found within the office and hotel garages. The Applicant is requesting a
variance for a deficiency in 4 loading spaces located within these garages. As discussed with
City staff, the hotel use is a special condition of this site and results in shared services which
decrease the need for loading areas. The reduction is peculiar to the configuration of this site
and the proposed uses and is not applicable to other buildings located within the zoning
district. The Applicant is also requesting a variance for the 8 spaces that do not meet the 14
foot vertical clearance requirement. Our architects have confirmed that due to the loading
space size a 14 foot clearance should not be required in this instance. The size of any trucks
that enter the loading areas are limited by the 12'x 25' loading space and therefore, do not
require a 14 foot vertical clearance. The loading space size is specific to this project site and
would not apply to other buildings located within the same district.
2. That the special conditions and circumstances do not result from the actions of the
applicant,
The special conditions outlined above have not resulted from the actions of the Applicant.
The Applicant is seeking only those variances necessary in order to construct the office and
hotel garages as re-designed. Any changes to the site design impacting these dimensional
requirements were caused by the additional height increase permitted by the airspace permits.
3. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this chapter to other lands, buildings or structures in this same zoning
district,
Based on the airspace permits issued for this project, the Applicant re-designed the Proposed
Development to further increase the height of the office and hotel buildings. The proposed
changes impacted the previous configuration of the office and hotel parking garages. The
Applicant has provided justification for the variance requests permitting a decreased vertical
clearance and a reduction in loading spaces. The site is designed with a total of 18 loading
spaces of which 8 are located inside the parking garages requiring a variance to reduce the 14
foot vertical clearance requirement. As discussed previously, the 8 loading spaces are
designed for smaller trucks which do not require a 14 foot clearance in order to enter the
garage. The variance request for a 4 space reduction is based on the decreased need for
loading areas for the hotel use, which is unique to this project. The variance approvals would
therefore not confer a special privilege denied to other properties located within the zoning
district.
4. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district;
A literal application of the provisions pertaining to loading areas would deprive the Applicant
of the right to construct the office and hotel parking garages as re-designed. The literal
application of the loading space requirement,would not account for the shared uses and
services found within the hotel complex which justify the 4 space reduction. Further, a literal
application would overlook the fact that the loading spaces are designed for smaller delivery
trucks that, based on the space measurements, would not require a 14 foot vertical clearance.
The site plan has been designed to locate as many loading spaces as possible outside of the
garage which permits larger trucks access. However, the 8 spaces located within the garage
are limited in size and capacity justifying the reduction in vertical clearance.
S. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure,
The Applicant is requesting only those variances needed to construct the Proposed
Development. Because of the previous site plan changes, the loading areas have been
impacted and re-designed. However, the Applicant has provided ample justification for the
variances requested.
6. That the grant of the variance will be in harmony with the general intent and purpose of
this chapter, and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
The variance requests are in harmony with the intent of Section 10.13, which permits
issuance of a variance if the request is not " contrary to the public interest," and is a result of
a "special condition." Further, the literal enforcement of the applicable code provisions
would create an undue and unnecessary hardship for the Applicant. As stated above, the
Applicant has provided justification for the variance requests and approval would not be
contrary to the general welfare of the public. On the other hand, the Applicant has requested
only those variances necessary to construct the office and hotel garages,which will not result
in negative impacts on the surrounding areas.
FTL 106,931,681✓1