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HomeMy WebLinkAbout2008-10-15 Planning & Zoning Advisory Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, October 15,2008 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.01-93.REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON,CITY CLERK,100 W.DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A.PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE.IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B.IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. ROLL CALL Edward Bourgeois Present Corinne Lajoie,AICP,Acting Community Development Director Lottye Crooms Present Kristin Dion,City Planner Angeline Flowers Excused Thomas Ansbro,City Attorney Patrick Schilling Present Helen Ceaser,Board Clerk Paul Fetscher Present Motion made by Patrick Schilling seconded by Lottye Crooms to excuse Angeline Flowers. Motion passed unanimously. MINUTES Approval of the September 17, 2008 Planning and Zoning Board Minutes. Minutes of the September 17, 2008 Planning and Zoning Advisory Board passed unanimously. NEW BUSINESS 1. Request by applicant Jorge M. Fallad, property owner of Ornamental Home Designs located at 102 North Federal Highway for the following: VA-59-08—Variance request to allow (7) seven parking spaces for a retail showroom/office use. (Chapter 28, Zoning, Article 21, "Downtown Transit Oriented Development (TOD) District" requires 10 parking spaces.) SP-58-08 — Site plan review for the modification of existing buildings to allow a decorator retail showroom(4,262 square feet) and office (348 square feet). Planning and Zoning Advisory Board 1 October 15,2008 Minutes Corinne Lajoie, AICP, Acting Community Development Director, addressed the board describing the proposed request for parking variance and site plan. She indicated that the applicants' current place of business is at 227 North Federal Highway and that he wishes to relocate his sales/display operation to 102 North Federal Hwy which is located at the northeast corner of US 1 and NE 1 st Street, formerly Garrison's Garage. Ms. Lajoie described the variance request to provide seven parking spaces where the code requires 10. She stated that currently the business is seldom occupied by more than 3 or 4 cars. She further stated that the applicant is also asking for site plan approval modification to the exterior and interior of the building and that the site plan and elevations have not changed from the original plan which was approved two years ago. Ms. Lajoie stated that vehicle access to the site is restricted to NE 1 st Street, and that there will be a pedestrian gate on Federal Highway. She stated that Mr. Fallad will need approval to exhibit his materials at the front of the building because outdoor storage is prohibited. She stated that he is also requesting to install decorative signs and that the outdoor storage and signage is subject to approval by the City Commission. Ms. Lajoie stated that the applicant is proposing to perform the work in phases due to economic constraints providing that phase one entails all of the interior improvements and exterior improvements to the east side of the building which will include the parking drainage and landscaping. The second phase will complete the parking, drainage and landscaping on the west side of the building. Ms. Lajoie advised the board that the property is located within the City's Community Redevelopment Area and that comments from the CRA's Director are as follows: 1. Change color of building to meet code, i.e. pastel. 2. Provide additional information regarding courtyard display. 3. Max. height of`art' displayed outside should not exceed height of building, 16'. 4. Additional palm should be added to the planting beds on the west side of building. 5. Additional palm should be planted between the 2 oaks on the south elevation. 6. Provide additional architectural treatment to south elevation. 7. Provide awnings over windows on south side of building. 8. Add a faux window on south elevation, for a total of 4 windows. 9. Provide additional architectural treatment to east building elevation. 10. Consider installing solar lights, especially along the west fagade. Ms. Lajoie concluded stating that recommendation is that the height of the art displays be restricted to no taller than the height of the building and that staff is recommending approval of both the variance and site plan with the conditions previously approved by the Commission of the original site plan. Jorge Fallad, 227 N Federal Highway, addressed the board describing his request for site plan and variance. Mr. Fallad stated his economic hardship to move forward with the original site plan, and further to allow him to proceed with his original site plan in two phases. Mr. Fallad concurs with the recommendation of staff and the CRA Director. Planning and Zoning Advisory Board 2 October 1 S,2008 Minutes Mr. Fallad addressed concerns by the board regarding customers at the site, indicating that customers normally contact him by phone and that parking has never been an issue. He indicated that he is ready to begin phase one as soon as approvals are granted and phase two within one year. Chairman Fetcher opened this item to the public for comment. Hearing no one and seeing no one, the public hearing was closed. Motion made by Patrick Schilling seconded by Lottye Crooms approve the requests VA-59-08 and SP-58-08-08 with the conditions of the previous site plan approval, the CRA Director and staff s recommendation to limited outdoor exhibits to be no higher than the existing building height. Motion passed on the following roll call: Edward Bourgeois - yes Lottye Crooms - yes Patrick Schilling — yes Paul Fetscher — yes 2. VC-66-08 — Request by applicant William Stamm, property owner to vacate a 40 foot by 200 foot alley located along the eastern property line of vacant property located on SW 4th Court in the City of Dania Beach. Kristin Dion, City Planner addressed the board to describe the request by William Stamm to vacate a 40 foot by 200 foot alley located along the eastern property line. Ms. Dion indicated that the vacation of the alley is requested to accommodate parking for proposed future development. Ms. Dion indicated that after staffs review of the requests the Public Services Direction has made the following comments: 1. Applicant must establish and record a maintenance easement in Broward County Public Records to allow City to access existing sewer line at this location. 2. Owner to sign letter of release, approved as to form by the City Attorney. Letter to state that owner is responsible for all costs to repair all surface features (pavement, curbing, sidewalks, landscaping, fence, etc.) required as a result of maintenance or repair of sewer line and installation of new utilities (future water lines). Ms. Dion concluded stating that staff is recommending approval provided that all of the Public Services Directors comments are addressed. Mr. David Pulot addressed the board representing Mr. William Stamm. Mr. Pulot explained the need for the additional space to provide adequate parking for the building addition. Chairman Fetcher opened this item to the public for comment. Hearing no one and seeing no one,the public hearing was closed. Motion made by Edward Bourgeois to approve the request VC-66-08 with staffs recommendations, seconded by Patrick Schilling. Motion passed on the following roll call: Planning and Zoning Advisory Board 3 October 15,2008 Minutes • Edward Bourgeois — yes Lottye Crooms — yes Patrick Schilling — yes Paul Fetscher — yes 3. VC-67-08 — Request by applicant Linda Socolow, Esquire with the firm Shutts & Bowen, LLP representing Harbour Towne Associates, Inc. for property located at 801 NE 3rd Street in the City of Dania Beach. The request is to vacate an existing 12 foot wide by 600.07 foot long Florida Power and Light(FPL) easement located along the eastern property line. Kristin Dion, City Planner addressed the board to describe the request by Harbour Towne Marina to vacate an existing 12 foot wide by 600.07 foot long FPL easement located along the eastern property line. Ms. Dion indicated that the applicant indicates that an existing FPL easement interferes with proposed water and sewer lines and a new boat storage building. She further stated that the project manager for FPL has no objection to this vacation and that the request was reviewed by the Public Services Director with no objection to the request. Linda Socolow with the firm of Shutts and Bowen addressed the board describing the request. Chairman Fetcher opened this item to the public for comment. Hearing no one and seeing no one,the public hearing was closed. Motion made by Patrick Schilling to approve the request VC-67-08, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois - yes Lottye Crooms - yes Patrick Schilling — yes Paul Fetscher — yes 4. VA-69-08 - Variance request by applicant Harold Miller, property owner to install a generator (5) five feet from the side lot line and (10) ten feet from the rear lot line, for property located at 136 SE 2nd Court, Dania Beach. (Chapter 8, Building, Article XII, "Emergency Generators", Section 8-175, requires a 10 foot side setback and a 15 foot rear yard setback.) 2008-PZ-002 - A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING AND ZONING BOARD, APPROVING THE VARIANCE REQUEST SUBMITTED BY HAROLD MILLER, PROPERTY OWNER, FROM CHAPTER 8, "BUILDING", ARTICLE XII, "EMERGENCY GENERATORS", SECTION 8-175, FOR PROPERTY LOCATED AT 136 SE 2ND COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Kristin Dion, City Planner addressed the board describing the variance request by Harold Miller to allow set back variances relating to the installation of an emergency generator. Ms. Dion indicated that the generator has already been installed and this is an after the fact request. Mr. Harold Miller 136 SE 2nd Court addressed the board, explaining that a proposed addition is planned so rather than move the emergency generator again, it was placed at the site to comply with the addition. Planning and Zoning Advisory Board 4 October 15,2008 Minutes The board clarified the request and the reason for moving the generator. Mr. Miller indicated that his brother is on dialysis and the generator is necessary during a power outage. Chairman Fetcher opened this item to the public for comment. Hearing no one and seeing no one,the public hearing was closed. Motion made by Edward Bourgeois to approve resolution 2008-PZ-002 for request VC-69-08, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois - yes Lottye Crooms - yes Patrick Schilling — no Paul Fetscher — yes 5. VA-70-08—Variance request by Michael and Pamela Gildon for a 200 square foot"Tiki Hut" on property located at 850 Argonaut Isle, Dania Beach, Florida. The variance request is to allow: a) A "Tiki Hut" to be located 1 foot from the rear property line. (Chapter 28, Zoning, Article 4, "Schedule of Lot, Yard and Bulk Regulations"requires a 10 foot setback.) b) The same "Tiki Hut" to be located 2 feet from the side property line. (Chapter 28, Zoning, Article 4, "Schedule of Lot, Yard and Bulk Regulations" requires a 10 foot setback.) 2008-PZ-001 - A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING AND ZONING BOARD, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL AND PAMELA GILDON FROM CHAPTER 28, ZONING, ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 850 ARGONAUT ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Kristin Dion, City Planner addressed the board describing the variance request to locate a Tiki Hut one foot from the rear property line where the code requires 10 foot and two feet from the side property line where code requires ten feet. She indicated that this was an after the fact variance request for an existing "Tiki Hut" that was cited by Code Compliance. The applicants indicate that the Seminoles constructed the "Tiki Hut" and were advised at the time that building permits were not required, and therefore were not aware that zoning setbacks would apply. Ms. Dion concluded stating that due to the size of the lot and the pool and patio in the backyard, the ability to comply with setback requirements is not possible. She stated that staff is leaving recommendation of the variance request to the discretion of the board. Gildon 850 Argonaut Isle addressed the board stating that the Seminole contractor that installed the but indicated that permits were not required to install the "Tiki Hut". Chairman Fetcher opened this item to the public for comment. Hearing no one and seeing no one, the public hearing was closed. Motion made by Edward Bourgeois to approve resolution 2008-PZ-001 for request VC-70-08, seconded by Lottye Crooms. Motion passed on the following roll call: Planning and Zoning Advisory Board 5 October 15,2008 Minutes . • • Edward Bourgeois - yes Lottye Crooms - yes Patrick Schilling — yes Paul Fetscher — yes 6. TX-68-08 — City of Dania Beach Zoning Code text amendment revising Chapter 28, Zoning Article 18, Industrial Research Office Marine zoning district, Section 18-30 "Prohibited Uses". AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" OF THE CITY CODE OF ORDINANCES TO CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE IROM DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Thomas Ansbro addressed the board describing the error with the code and the change that would need to be applied to correct the conflict. Chairman Fetcher opened this item to the public for comment. Hearing no one and seeing no one, the public hearing was closed. Motion made by Patrick Schilling to approve text amendment request TX-68-08, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois - yes Lottye Crooms - yes Patrick Schilling — yes Paul Fetscher — yes ADJOURN Planning and Zoning Advisory Board 6 October 15,2008 Minutes