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Home My WebLink AboutR-2008-089 Shenanigans Special Exception RESOLUTION NO. 2008-089 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY PATRICK UTTER,OWNER REPRESENTING SHENANIGANS EAST SIDE LLC.,FOR A SPECIAL EXCEPTION TO ALLOW LIVE ENTERTAINMENT IN THE TOC-2(TRANSIT ORIENTED CORRIDOR 2) ZONING DISTRICT,FOR PROPERTY LOCATED AT 1300 SOUTH FEDERAL HIGHWAY,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Zoning Code Chapter 28, "Zoning", Article 21 "Downtown Transit Oriented Development(TOD)and Transit Oriented Corridor(TOC)Districts", Section 21.18 "Use Table-F-1"provides for permitted,prohibited, special condition and special exception uses in the TOD and TOC zoning districts; and WHEREAS,Patrick Utter,property owner,representing Shenanigans East Side LLC., has applied for a special exception request to allow live entertainment three (3) times per year (New Year's, St. Patrick's Day and the 41h of July) in the TOC-2 (Transit Oriented Corridor 2) zoning district property located at 1300 South Federal Highway, in the City of Dania Beach; and WHEREAS, Mr. Utter has applied for a special condition to allow "Restaurant: outdoor dining accessory to a full-service restaurant" in the TOC-2 zoning district for the subject property; and WHEREAS, the Planning & Zoning Board on May 21, 2008, recommended that the City Commission grant the special exception and special condition request, based upon the criteria set forth in Chapter 28, "Zoning",Article 6, "Supplementary Use Regulations", Section 6.40,"Special Exception Uses", 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 SE-37-08, for a special exception to allow: 1) Live entertainment(indoors)three(3)times per year(New Years', St.Patrick's Day and the 4`h of July); and special condition to allow: 2) Outdoor dining accessory to a full-service restaurant at the Shenanigans Restaurant, to be located in the TOC-2 (Transit Oriented Corridor 2) zoning district,upon property located at 1300 South Federal Highway in the City of Dania Beach(a copy of which application is attached and made a part of this Resolution as Exhibit"A"),is approved subject to the following conditions: 1. install and maintain a hedge adjacent to the fence existing along the west property line; 2. if the existing fence along the west property line is removed or destroyed for any reason, the applicant shall install a fence along the same property line at his expense; 3. provide lighting in the parking lot as approved by City staff to provide patrons a safe walking area to and from the restaurant; and 4. four(4)months after the business operations begin,if the City Commission is advised by residents that vehicular traffic through the neighborhood,which traffic is associated with the restaurant, increases on SW 13`h Street to an extent unacceptable to the affected residents who live west of the restaurant, then the applicant shall return to the City Commission. 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. 2 RESOLUTION#2008-089 PASSED AND ADOPTED on June 10, 2008. ALBERT C. JONE MAYOR-COMMI NER ATTEST:PA - �i'i'va t 5 F/ftSrr�rL LOUISE STILSON_, CMC CITY CLERK 1 .� APPROVED AS TO FO AID CORRE s BY: THOM J. A SBRO CITY ATTORNEY 3 RESOLtiTION#2008-089 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6905 Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat OM ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: 5 ❑ Site Plan MY D 2 2009 N k— Special Exception Petition No. ❑ TrafFewayWaiver PfaFIFt[RE,j ' �� Variance ❑O Roadway Vacation Department ❑ Extended Flours Other: L r THIS APPLICATION WELL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESAPRY 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. 1 Location Address: ,, 22� C,() 4 2 C 1111 J Lot(s): t(jL 13.}q. 15 Block: H S7 Subdivision: K U(,+{ E 1 G "O CJC i Recorded Plat Name: �iL(Vn?{o t Lx�s-ucc� `1—t !� t Or (I Folio Number(s): .10 (00L+0 Legal Description: 7 Z6 ,:214 Vt. RN %Z, 14 n '/2, t57/191�4S Applicant/ConsultanVLegal Representative (circle one) -Takr L(-L V �Ller C Address of Applicant: 4 4 Business Telephone: Home: Fax: t SN 2— Name of Property Owner: �'i1`'t�i �!U F�n� S� SLde Lj--c Address of Property Owner: 4 k 4L4 Va V ! 7L)n�" Business Telephone:QS{- 23-3yo Home: Q: —�t��' �f 32 Fax: `ice — "-7 Explanation ofRequest:iYOVI� NO Lcr°��l( t�e� Ot�3 f Cow dLs'r r Try For plats p/ease provide proposed plat Name for Varlaneee p/ease attach triterla statement as per s-?'alo Article 10.13 of Chapter 28, Zoning Code. T 1 asl�f L�n1 Prop. Net Acreages: Gross Acreage: Prop. Square Footage: 40. 6o Lr n Existing Use: Proposed Use: e( .+-`J*(l`��C-1 Is property owned individually, by a corporation, or a joint venture? � r I understand that site plan and variance app€ wal autarnatically expires within 22 mOn of C" CO'mrnission appmvai, Pursuant to Ordtimance No- 20(15-040. A.ppiica€ttlOwner signature Print Marne Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sviom to and subscribed before me Applicant/Consul" 2epresentattve: ,j —i nis day of __ 2D 1 Signature: Date:— Sign Name of Notary Pubiic (Print game) e of( :F Print Name of Notary Sheer Address, Cty, State and Zip Code Commission t xpires: _�? ::'• DOREEN BAR LEA eiephone No. Fax No. €. ,Mr. V . My COMMISSION#DD870291 • EXPIRES May 03,2011 INDIVIDUAL €}iteFNER NOTARIZED -SIGNATURE, RE, il-Eis is to certify that I am the fee simple cmrner of subject lands described above and that I have authorized (ApplicentJGonsutten( epresenta ve) to make and file the aforesaid application. F Sworn to and subscribed before me Owner: This ST day of 20 Ct Signature• Date: k Sign Name of Notary Public (Print Name) t chi;f�Prl C!Y�ci •�` Print Name of Notary VStreet Address, City, State and Zip Code Commission Expires: Iota.) 0`3 ZD if Seal: Telephone No. & Fax No. a KBEEN DARYLEY :y. My COMMISMN m DDF70291 '•�RoEt cKPi RE6 Mav 03,201 i (00')39B-0153 FloritlallotarySarvlc_.com CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This 0�day of 20 Signature: Date: 0 (Print Name) gn Namf Notary Public (Print Title) to Eb Print Name of Notary Street Address, City, State and Zip Code Commission Expires: ' _ Telephone No. & Fax No. `c MY cOMMISsfOW#ou670291 . EXPIRES May 03,2011 (COi)398-0153 FlaidaVC.aryaervicesom JOINT VENTURE/PARTNE€tSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed beforeb�effore me This � day of r ^ ��20 0 Signature: Date: (Print Name)** Sign Name of Notary Public State of(emu,—'jam ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: ' Seal: Telephone No. & Fax No. 3✓�Y 4 MISSION D[}670.. [ll p9m, Airtach duplicate sheets as required. (407)393.0153 FlorldoNpa7Sarvica.com