HomeMy WebLinkAboutR-2008-090 Shenanigans Variance RESOLUTION NO. 2008-090
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY PATRICK UTTER, OWNER,
REPRESENTING SHENANIGANS EAST SIDE LLC. FROM CHAPTER 28,
ZONING AND CHAPTER 27 VEGETATION, FOR PROPERTY LOCATED AT
1300 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances Chapter 28, "Zoning", Article 28.180,
"Principal Arterial Commercial Design Standards Overlay", requires signs to be set back 30 feet
from the intersection of any two (2) street lines; and
WHEREAS, the Dania Beach Code of Ordinances Chapter 28, "Zoning", Article 4.201,
"Proximity of beverage establishments", sets the distance requirements for the sale of alcohol from
schools and churches; and
WHEREAS, the Dania Beach Code of Ordinances Chapter 27, "Vegetation", Article IV
Landscaping sets the landscape and buffering requirements for commercial properties with in the
City of Dania Beach; and
WHEREAS, the property owner, Patrick Utter owner representing Shenanigans East Side
LLC is requesting variances (VA-35-08) to allow the following:
1) To allow a sign to be located 20 feet from the intersection of two streets (Chapter 28,
"Zoning",Article 28.180,"Principal arterial commercial design standards overlay", requires
signs to be set back 30 feet from the intersection of any two (2) street lines);
2) To provide no wall or fence adjacent to residential and a zero (0) foot perimeter landscape
buffer; (Chapter 27, "Vegetation", Article IV, "Landscaping", Section 26-50, "Landscape
requirements for areas separating business, commercial and industrial property from
residential property", requires a six-foot masonry wall or solid wooden fence five(5)feet off
of the residentially zoned or used property and Section 26-51 "Perimeter Landscape
requirements for areas separating business,commercial and industrial properties"requires a 5
foot landscape buffer);
3) To allow the sale of alcohol 700 feet from a school; (Chapter 28, "Zoning", Article 4.201,
"Proximity of beverage establishments to churches and schools", requires a 1,000 foot
separation);
for property located at 1300 South Federal Highway, in the City of Dania Beach; and
WHEREAS,the Planning&Zoning Board on May 21,2008 recommended approval of the
variance requests, 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-35-08 from requirements listed in the Dania
Beach Code of Ordinances,Chapter 28,"Zoning"and Chapter 27,"Vegetation",is approved with the
following conditions:
i. that rolling gates are provided to the dumpster enclosure to eliminate vehicle conflicts
when the enclosures gates are open;
2. that all of the City landscape consultant's comments are addressed;
3. install and maintain a hedge adjacent to the fence existing along the west
property line;
4. 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;
5. provide lighting in the parking lot as approved by City staff to provide
patrons a safe walking area to and from the restaurant; and
6. 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 131s Street to
an extent unacceptable to the affected residents who live west of the
restaurant, then the applicant shall return to the City Commission.
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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. JONE
MAYOR-COMMI IONER
ATTEST: _1
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LOUISE STILSON, CMC
CITY CLERK -�
APPROVED AS TO F AND CORRECTNE
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BY:
T OM J. S
CITY TTOR EY
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