HomeMy WebLinkAbout2007-12-19 Planning & Zoning Advisory Board Minutes NE[NUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
REGULAR MEETING
Commission Chambers
Wednesday,December 19,2007
7:00 PM
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ROLL CALL
Edward Bourgeois Present Laurence Leeds,AICP,Director Community Development
Lottye Crooms Present Corinne Lajoie,AICP,Principal Planner
Angeline Flowers Present Lou Ann Cunningham,Board Clerk
Patrick Schilling Excused Thomas Ansbro,City Attorney
Paul Fetscher Present
Motion made by Lottye Crooms to excuse Patrick Schilling seconded by Edward Bourgeois.
Motion passed unanimously.
PLANNING AND ZONING BOARD ITEMS
1. VA-45-07 — Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne
Associates, is requesting a variance to allow a dry stack boat storage building to have a finish
floor elevation of 7' 1" (The Dania Beach Code of Ordinances, Chapter 12 Flood Damage
Prevention, Section 12-25 (2), requires 8 feet). Property located at 801 NE 3rd Street, Dania
Beach.
Laurence Leeds, AICP, Director Community Development Department, addressed the board
describing the proposed request. Mr. Leeds described the criteria for obtaining a variance
from Section 25-52 of the City's flood protection ordinance. He further explained that In
Harbour Town's case, the FIRM Elevation is seven feet; requiring the finished floor
elevation to be eight feet. The applicant has requested a variance to build the first floor at 7'
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December 19,2007
MINUTES
I", requiring an 11" variance. Mr. Leeds indicated that staff,discussed the Harbour Town
request with FEMA in an attempt to determine what impact, if any, approval would have
upon flood insurance rates and FEMA / ISO could not provide an answer. He further stated
that staff has discussed this issue with the applicant, who maintains that approval of the
variance, based upon the criteria in the City Ordinance and State Law, will not result in
increased flood insurance rates. Mr. Leeds indicated that he has directed the applicant to
meet with the City Attorney to conf= if this correct and that until staff receives assurances
that the variance will not increase flood insurance rates, the Community Development
Department cannot support the variance.
Steven Tillbrook, Attorney with Shutts and Bowen Law Firm, 200 East Broward Boulevard
addressed the board regarding the proposed request. Mr. Tillbrook introduced Gary
Groenewold with Westrec and Gene Bieber, Architect for the project. Mr. Tillbrook gave a
description of the variance request. Mr. Tillbrook addressed the flood variance criteria for
the board while Mr. Gene Bieber distributed backup material to the board. Mr. Tillbrook
addressed the concerns of staff regarding State Law regulating insurance rates and variance
approvals. Mr. Tillbrook described the construction details of the structure and building code
requirements.
Chairman Fetscher asked City Attorney Thomas Ansbro to comment on the material
distributed by Mr. Tillbrook. After reviewing the material Attorney Ansbro does not see
where the insurance rates of the city will be affected, however he has instructed staff
attorneys to research the matter.
Chairman Fetscher opened the item for public comment, hearing no one or seeing no one the
public hearing was closed. Brief discussion by the board regarding the possible effecont on
insurance rates for the community.
Hearing no further discussion, a motion was made by Edward Bourgeois, seconded by
Angeline Flowers to recommend approval of the variance request VA-45-07. Motion failed
on the following roll call:
Edward Bourgeois — yes Lottye Crooms — no
Angeline Flowers — yes Patrick Schilling — no
Paul Fetscher — no
The board commented that upon confirmation by FEMA that the community's insurance
rates would not be affected, they would support this request.
2. VA-66-07 —Request by Bruce Kodner property owner, representing Dental Plans.com, Inc.,
to allow unpaved parking on the vacant lot directly east of 29 South Federal Highway, Dania
Beach (Fronting on SE 1 Street). The Dania Beach Code of Ordinances, Article V of the
Zoning Appendix (Off-Street Parking), requires all parking areas to be hard surfaced.
Corinne Lajoie, Principal Planner addressed the board to describing the subject property as
being located immediately north of the applicant's office building at 29 South Federal
Highway and that the property also fronts on SE 1 Street. Ms. Lajoie indicated that the
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applicant is requesting the use of the vacant lot for unpaved parking for 1 year. She stated
that the applicant agrees to all of the Public Services requested changes, including a
perimeter fence, 2 openings (1 in bound; 1 out bound) and the use of wheel stops to identify
spaces. Ms. Lajoie concluded indication that recommendation is at the discretion of the
Planning and Zoning Advisory Board.
Timothy Stemberg, 29 S Federal Highway,Dental Plans.com addressed the board describing
the business and growth of the company since 2004. Mr. Sternberg indicated that the
company is in the process of looking for another site in Dania Beach to relocate and that
currently Mr. Kodner is not willing to pave the lot for the additional parking. Mr. Stemberg
stated that the variance would be for no longer than 1 year's time.
Chairman Fetscher opened the item for public comment, hearing no one or seeing no one the
public hearing was closed. The board discussed the request briefly indicating that
Hearing no further discussion, a motion was made by Edward Bourgeois, seconded by
Patrick Schilling to recommend approval of the variance request VA-66-07 for a period of
one year. Motion passed on the following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Angeline Flowers — yes Patrick Schilling — yes
Paul Fetscher — no
3. VA-68-07 —Request by Johnny Filion to allow a 6 inch carport setback for property located
at 2691 SW 54th Street (Broward County Code of Ordinances Article XIX Mobile Home
Districts Section 39-330,Yards and Separation,requires a 2 foot side setback.)
Corinne Lajoie, Principal Planner addressed the board describing the request to build a
carport 6 inch from the side property line indicating that that the code requires a 2 foot side
setback. Ms. Lajoie concluded stated that recommendation is at the discretion of the
Planning and Zoning Advisory Board.
Johnny Filion addressed the board requesting approval of his variance request. The board
questioned whether the concrete,pad existed previously and it was confirmed that there was
an existing pad on the site.
Chairman Fetscher opened the item for public comment, hearing no one or seeing no one the
public hearing was closed.
Hearing no further discussion, a motion was made by Edward Bourgeois, seconded by Lottye
Crooms to recommend approval of the variance request VA-68-07. Motion passed on the
following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Angeline Flowers — yes Patrick Schilling — no
Paul Fetscher — no
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4. VA-70-07 — Request by Fidel Labrecque for property located at 2924 West Marina Drive
(Mobile Home) for the following:
1. A mobile home addition with 0 foot setback, (Broward County Code of Ordinances
Article = Mobile Home Districts Section 39-330 Yards and separation requires a 2
foot side setback.)
2. To provide 1 parking space. (Broward County Code of Ordinances Article XH Off-street
Parking and Loading Section 39-228 requires a minimum of 2 parking spaces.)
3. To provide a 17 foot long parking space (Broward County Code of Ordinances Article
Off-street Parking and Loading Section 39-217 (Table 1), requires each parking space to
be 9' X 18' in size.)
Corinne Lajoie, Principal Planner addressed the board describing the variance request. Ms.
Lajoie indicated that the applicant was cited by Code Compliance for enclosing the carport
without a valid building permit and inspections and that the applicant is now requesting
permission to allow the mobile home addition to remain at zero feet from the west side
property line. She indicated for the record that the zoning code requires a two foot setback.
She further stated that allowing the building addition will result in providing only one
parking space on site. Ms. Lajoie stated that recommendation for variance #1 and #3 be at
the discretion of the Planning and Zoning Board. Ms. Lajoie concluded stating that staff
cannot support variance#2 to allow only 1 parking space.
Fidel Labrecque addressed the board regarding staffs comments and his request for variance.
Chairman Fetscher opened the item for public comment:
Maureen SW 19'h Avenue Ft. Lauderdale, she lives directly next door to Mr. Labrecque and
stated that his addition is encroaching on her property.
Hearing no one or seeing no one further, the public hearing was closed. The board
commented on the negative effect building with out a permit has on the community.
Hearing no further discussion, a motion was made by Patrick Schilling, seconded by Lottye
Crooms to recommend denial of the variance request VA-70-07. Motion passed on the
following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Angeline Flowers — yes Patrick Schilling — yes
Paul Fetscher — yes
ADJOURN
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