HomeMy WebLinkAbout2007-08-15 Planning & Zoning Advisory Board Minutes i
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MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
REGULAR MEETING
Commission Chambers
Wednesday,August 15,2007
7:00 P.M.
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ROLL CALL
Edward Bourgeois Present Laurence Leeds,AICP,Director Community Development
Lottye Crooms Present Thomas Ansbro, City Attorney
Angeline Flowers Excused Louis Mercado,Planner
Patrick Schilling Excused Lou Ann Cunningham,Board Clerk
Paul Fetscher Present
Motion was made by Lottye Crooms seconded by Edward Bourgeois to excuse Angeline Flowers and
Patrick Schilling. Motion passed unanimously.
PLANNING AND ZONING BOARD ITEMS
1) VA-21-07—Variance request by applicant Robert Spiece for a duplex located at 105 SW 1st
Court,Dania Beach for the following: (Continued from May 16, 2006)
a) To be allowed to maintain pavers in the swale area for automobile parking measuring
37.5 feet in width. (Chapter 28, Zoning, Article 6.21. Off-Street Parking states that
maximum width allowed is 15 feet).
Laurence Leeds, AICP, Director Community Development, addressed the board describing
the request for variance. He described the location of the site and that the existing duplex is
non-conforming with respect to parking, lot width, lot size, front yard, and side yard
setbacks. Mr. Leeds further indicated that the `usable' front yard area is about 16 feet deep
with insufficient room to install perpendicular back-out parking.
Mr. Leeds indicated that on May 16, 2007 the Planning and Zoning Board continued this
item for three months to allow the applicant to address engineering and drainage issues in the
swale. He concluded stating that based on the small size of the property and the absence of
Planning and Zoning Advisory Board Meeting 1
August l S,2007
AGENDA
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sufficient space to install back-out parking in the front yard, staff recommends approval.
This recommendation is subject to compliance with drainage requirements of the Public
Services Director.
Mr. Robert Spiece addressed the board indicated that his neighbor spoke to him commenting
on the improvements.
Chairman Fetcher 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
Lo e Crooms to recommend approval of variance VA-21-tty pp 07. Motion passed on the
following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Paul et —F scher yes
2) PL-27-07—The applicant, Linda Strutt Consulting, Inc., on behalf of the property owner, is
requesting a perimeter plat"Corfu Homes Plat", for a single family home located at 2311 SW
45 Street.
Laurence Leeds, AICP, Director Community Development, addressed the board describing
the subject property as being located on the north side SW 45 Street, south of the Dania Cut-
Off Canal. He stated that the applicant indicates platting is required by Broward County
Development Services and that the proposed lot complies with minimum size and lot
frontage requirements.
Mr. Leeds indicated that the project has been reviewed by the Planning Division, Public
Services and the Fire Marshal and that the following outstanding comments shall be
addressed prior to this project being heard by the City Commission unless stated otherwise.
1. Must provide copy of Broward County staff comments prior to City
Commission public hearing(Planning Division).
2. Must obtain a tree removal permit from the City prior to removal or relocation
of any tree; no clearing or grubbing permitted(Planning Division).
3. Applicant to indicate if property owner owns additional property abutting the
subject parcel (Planning Division).
4. Must place a note on the face of the plat stating: "No building permits shall be
issued for the construction, expansion and/or conversion of a building within
this plat until such time as the developer provides this municipality with written
confirmation from Broward County that all applicable impact fees have been
paid or are not due."
Mr. Leeds concluded stating that staff is recommending approval subject to conditions 1 —4
above.
Linda Connors with Linda Strutt Consulting addressed the board indicating that all of staff s
recommendations will be addressed. She also indicated that the requirement of platting was
requested by Broward County.
Planning and Zoning Advisory Board Meeting 2
AGENDA August 1 S,2007
1
Chairman Fetcher opened the item for public comment, hearing no one or seeing no one the
public hearing was closed.
Hearing no further discussion, a motion
of the atmre nect PL27-07 subttye ject ct to seconded
taff s by
Bourgeois to recommend approval p q
Motion passed on the following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Paul Fetscher — yes
3) VA-35-07 - Request by Ed Darling on behalf of Nassau Development Corporation for
property located at 45 NW 14th Avenue,Dania Beach, for a variance to allow the following:
1) To allow the construction of a single family home on a lot that is 4,750 square feet in
area. (Chapter 28 Zoning, Article 5. Supplementary Lot Regulations requires lots to be no
less than 6,000 square feet in the RD-8000 Zoning District.)
2) To allow the construction of a single family home on a 50 foot wide lot. (Chapter 28,
Zoning, Article 5. Supplementary Lot Regulations requires that lots shall not be less than
sixty(60) feet in the RD-8000 Zoning District).
Laurence Leeds, AICP, Director Community Development, addressed the board describing
the subject property as being located on the east side of NW 14th Avenue, between NW 1 st
Street and West Dania Beach Boulevard. He stated that this block of NW 14th Avenue is
zoned RD-8000 (Duplex) and characterized primarily by single family homes and unplatted
50 foot wide vacant lots. Mr. Leeds summarized the zoning district and surrounding uses for
the board.
Mr. Leeds stated that the applicant requests a variance to build on an undersized lot that is
typical of the development pattern of this block of NW 14th Avenue and that after staff
review the site plan complies with all setback, open space, and parking requirements. Mr.
Leeds concluded stating that based on the City Commission policy of encouraging infill
single family home construction, staff has no objection to the variance approval.
Applicant,Ed Darling,indicated he concurs with staff s recommendation.
Chairman Fetcher 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 plat request VA-35-07. Motion passed on the
following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Paul Fetscher — yes
Planning and Zoning Advisory Board Meeting 3 August 15,2007
AGENDA
4) Attorney Keith Poliakoff with the firm Becker & Poliakoff, representing the property owner
Robert Krilich, Sr. of Oakbrook Realty & Investment, LLC., is requesting the following for
property generally located at the Northeast comer of Stirling Road and Southwest 18th Street
in Dania Beach
1) LU-37-07 - Future Land Use Plan Amendment from "Parks and Recreation" to
"Commercial".
2) PL-36-07 - Perimeter Plat request.
Laurence Leeds, AICP, Director Community Development, addressed the board describing
the applicant's requests to amend the Future Land Use Map from "Parks and Recreation" to
"Commercial". Mr. Leeds indicated that the site is vacant and contains a number of oak
trees, some greater than 12" in caliper. He gave a brief history of the site, which was
previously owned by the Audubon Society and what had transpired regarding negotiations
with Broward County Parks and Recreation.
Mr. Leeds concluded indicating that the following comments shall be addressed prior to this
project being heard by the City Commission unless stated otherwise.
1) Applicant shall provide Broward County plat comments prior to the first City
Commission public hearing(Planning Division).
2) Applicant shall provide wildlife protection plan.
3) Applicant to provide letter acknowledging that no site clearing, grubbing, or tree
removal is permitted without city permits.
4) Plat shall be revised to indicate utility easements (Planning Division).
Staff is recommending approval of the Future Land Use Change and that the issue of tree
preservation will be addressed during site plan review. Staff is recommending approval of
the plat, subject Conditions 1 —4 above.
Keith Polikoff with Becker Polikoff addressed the board describing the request. Mr. Polikoff
indicated that the property is not listed on Broward County map as an environmentally
sensitive land. He further discussed the wildlife animal survey and landscaping at the site.
Chairman Fetcher 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 Lottye Crooms, seconded by Edward
Bourgeois to recommend approval of the plat request PL-36-07 subject to staff s conditions.
Motion passed on the following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Patrick Schilling — yes Paul Fetscher — yes
Hearing no further discussion, a motion was made by Lottye Crooms, seconded by Edward
Bourgeois to recommend approval of the land use request LU-37-07 subject to staff s
conditions. Motion passed on the following roll call:
Planning and Zoning Advisory Board Meeting 4
AGENDA August 15,2007
Edward Bourgeois — yes Lottye Crooms — yes
Patrick Schilling — yes Paul Fetscher — yes
5) VA-40-07 -Request by Flooker Adams on behalf of Janette S. Nanton for property located at
53 SE 13th Terrace, Dania Beach, for the following:
1) To allow the construction of a new home on a lot that is 40 feet wide. (Chapter 28 Zoning
Article 5. Supplementary Lot Regulations requires that lots not be less than 50 feet in
width.)
2) To allow the construction of a new home on a lot that has 3,700 square feet in area.
(Chapter 28 Zoning Article 5. Supplementary Lot Regulations requires lots to be no less
than 6,000 square feet.)
3) To allow two parking spaces. (Chapter 28 Zoning Article 6.21 Off Street Parking requires
that three(3) spaces be provided.)
4) To allow a 27 foot wide swale driveway to accommodate three parking spaces. (Chapter
22, Streets and Sidewalks, Article 1, Section 22-5(1) Pavement, improvement and use of
swale areas states that paved access driveways shall not exceed (30) percent of the
frontage of the abutting lot and in this case 12 feet is allowed.)
Mr. Louis Mercado, City Planner, addressed the board describing that the lot is located on the
north side of Southeast 13th Terrace, one house west of Southeast 2nd Avenue. The
applicant proposes to demolish the existing home and replace it with a new 3-bedroom, 1,200
sq. ft. one story home (no garage). He indicated that the lot abuts existing homes on all sides
and that the surrounding lots are developed, leaving no opportunity to acquire additional
land. Mr. Mercado stated that the site plan complies with lot coverage, setbacks, and
pervious area, but is deficient in parking. In addition, he indicated that the landscape plan
required some tree removal, including a 19" palm, located within the proposed building
footprint.
Mr. Mercado concluded stating that after city staff review of the request, staff is
recommending the following:
1) To allow the construction of a new home on a lot that is 40 feet wide, staff is
recommending approval as it is an existing non-conforming lot;
2) To allow the construction of a new home on a lot that has 3,700 square feet in area,
staff is recommending approval as it is an existing non-conforming lot.
3) To allow two parking spaces, staff is recommending denial and recommends three
parking spaces as required by city code.
4) To allow a 27 foot wide swale driveway to accommodate three parking spaces, staff
is recommending approval, subject to approval of swale drainage by the Public
Services Director and Landscape Consultants recommendations.
Laurence Leeds, AICP, Director Community Development addressed the board,
recommending an additional condition to the variance request relating to the issue of the
landscape plan. He indicated that there are a lot of trees on the site including a 19"palm that
is to be removed. Mr. Leeds stated that the City's Landscape Consultant is requiring the
applicant to provide two 12" high native shade trees as a replacement for the palm. He
Planning and Zoning Advisory Board Meeting 5 August 15,2007
AGENDA
further stated that the other existing trees will remain on the site and will have to be protected
from construction operations. Additional condition to read as follows:
5) Approval of the substitute plantings in order to remove the 19" caliper palm and
applicant must protect existing vegetation to remain with suitable fencing and barriers
during construction.
The Contractor Elij ah Adams and Edna Fraizer from Broward County Housing and
Community Development addressed the board to discuss the option of replacing the home
and the requested variances.
Jeannette Nanton addressed the board indicating that her family is small and they are not in a
position to purchase another vehicle two spaces should be sufficient.
Chairman Fetcher 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 Lottye Crooms, seconded by Edward
Bourgeois to recommend approval of the following variance requests (VA-40-07):
1) To allow the construction of a new home on a lot that is 40 feet wide, staff is
recommending approval as it is an existing non-conforming lot;
2) To allow the construction of a new home on a lot that has 3,700 square feet in area,
staff is recommending approval as it is an existing non-conforming lot.
4) To allow a 27 foot wide swale driveway to accommodate three parking spaces, staff
is recommending approval, subject to approval of swale drainage by the Public
Services Director and Landscape Consultants recommendations.
and the additional condition by staff:
5) To allow (2)two 12"high native shade trees as substitute plantings in order to remove
the 19" caliper palm and that applicant must protect existing vegetation to remain
with suitable fencing and barriers during construction.
Variance request 3) To allow two parking spaces, the board is recommending denial and
recommends three parking spaces as recommended by staff and required by city code.
Motion passed on the following roll call:
Edward Bourgeois — yes Lottye Crooms — yes
Paul Fetscher — yes
6) VA-42-07 — Variance request by applicant Melinda Rosenthal, AICP, representing Kurt
Frahn on behalf of the property owner Marine Max Yachts, LLC, for property located at 490
Taylor Lane, Dania Beach for the following:
1) To allow five existing structures, built without permits, to remain at their current
locations. The structures provide between 3.5 and 4.1 foot side yard setbacks. (Chapter
28, Zoning, Article 27 Industrial General, Section 27.60 Area requirements, requires a
minimum 25 foot interior side or rear yard setback.)
Planning and Zoning Advisory Board Meeting 6
AGENDA August 1 S,2007
2 To allow a 3.5 feet landscape buffer. (Chapter 26, Vegetation, Article IV Landscaping,
Section 26-51 requires a minimum of a five foot landscape buffer for business,
commercial and industrial properties.)
Laurence Leeds, AICP, Director Community Development, addressed the board describing
property located north of the Dania Cut-Off Canal, at the far west end of Port Laudania,
south of Taylor Lane. He indicated that Code Compliance inspections identified five
structures, built without building permits that are in violation of zoning code setback
requirements.
Mr. Leeds stated that according to the applicant, the structures have existed for years and
because none of the structures were legally permitted, it is difficult to determine exactly
when they were built. He stated that the variance request was reviewed by the Planning
Division,Fire Marshal and Building Official and that the Building and Fire divisions raised
the following life-safety concerns:
1) Exiting 6' X 20' waste oil containment unit, how many gallons? How close to all
adjacent structures? (Fire Marshal).
2) Diesel Fuel storage; how many gallons? How close to all adjacent structures? (Fire
Marshal).
3) Machinery space cover & guard shed - how close to all adjacent structures? (Fire
Marshal).
4) Flammable materials (Existing Chickee Hut) are too close to fuel containment area
No. 4. The existing arrangement would not have been permitted under prior codes
and is not permitted today(Building Official).
5) The wood storage shed is too close to the fuel containment tank. The existing
arrangement would not have been permitted under prior codes and is not permitted
today(Building Official).
6) Marine Max is required to provide engineers report identifying fire and building code
violations and a plan for correction of same. Permits are necessary for such
improvements and repairs (Building Official).
7) The structures were not built in accordance with current or past building codes.
Marine Max is required to provide engineers report identifying building code
violations and a plan for correction of same. (Building Official).
Mr. Leeds concluded stating that the Community Development Department does not
generally support after-the-fact variance applications in commercial or industrial zoning
districts however, because Port Laudania has historically been used for both indoor and
outdoor industrial uses, staff can support the following zoning variances subject to the
following conditions:
1 Approval of the landscape buffer variance based on historical development patterns
of Port Laudania.
2) Guard shed may remain in the present location if there is no objection from adjoining
property owner and condition No. 4.
3) All structures (except the guard shack) shall provide a minimum 10 foot setback and
condition No. 4.
Planning and Zoning Advisory Board Meeting 7 August 15,2007
AGENDA
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4) Approval of items No. 2 and 3 subject to applicant submitting a complete engineer's
remediation report for correction of all building and code violations by September 7,
2007. Report to include a time schedule for compliance.
Heidi Davis with the firm Gunster Yoakley addressed the board describing the request for
MarineMax and justification of the requests. Ms. Davis indicated several suggestions for
relocation of several of the structures on the property. Based on the 5 locations indicated in
the. staff report (1) Waste Oil containment unit. All structures are permitted within
environmental regulations. Within recommendation will move and relocate 1, 2, 4 and 5
within the 10 foot side yard setback. 2) Machinery space cover. We will propose to move
them within the existing building if we can get our engineering report to certify that this
sufficient and acceptable, and in#2 will move it under the phase I addition structure.
#4 and#5 on the east side of the property are proposing to relocate or move these structures
(Water Recycle Station and Diesel Fuel Storage and Bilge water containment) to move
them and relocate them within the 10 foot side yard set back. Will also need to be
approved by engineering. There are fire issues that they must be moved 30 feet from the
Chickee Hut. Will be removed or relocated within the side yard set back. Heidi Davis
clarified for Mr. Leeds that these items will be set back at least 10 feet as required by the
set back.
#3 is the Guard Shed, they have spoken to Derecktor Gunnell and they have no problem
with the guard shack remaining within the 10 foot side yard setback area. Guard shack is
currently within 4 feet from the eastern property line. Ms. Davis indicated that the property
orientation is unique and as of Commission approval of the I-G ordinance on August 14th
the uses at the site are in compliance.
Chairman Fetcher questioned that upon relocation of these items will there be an inspection
of the previous site that there has been no contamination.
Peter Smith representing Marine Max addressed the board's inquiry, indicating that an
environmental assessment can be done on the site if requested. Mr. Smith further
discussing the conditions placed by the Fire Marshal and Building Official and the
engineering study. Mr. Leeds questioned the time frame for completing the report and to
bring the buildings into compliance if the variance is approved. Mr. Smith indicated that
they should have permitting documentation by September 7th and the actual construction to
be completed in two months.
Chairman Fetcher opened the item for public comment,hearing no one or seeing no one the
public hearing was closed.
Chairman Fetcher recognized Patrick Schilling's arrival at 7:35 pm
Hearing no further discussion, a motion was made by Lottye Crooms, seconded by Edward
Bourgeois to recommend approval of the variance request VA-42-07 based on staffs
conditions and the relocation plan submitted by the applicant. Motion passed on the
following roll call:
Planning and Zoning Advisory Board Meeting 8
AGENDA August 1 S,2007
Edward Bourgeois — yes Lottye Crooms = yes
Patrick Schilling — yes Paul Fetscher yes
Rescheduling of the September 19,2007 Planning and Zoning Advisory Board Regular
with Dania Beach City Commission Budget Hearings.
Meeting due to conflict
2007, regular Planning and
The boards' recommendation is to reschedule
Zoning Advisory Board Meeting to Thursday, September 27,
�2007 at 7:15 pm. Patrick Schilling
advised that he would have a conflict and would not be able to attend.
Motion passed unanimously.
Adjourn
Planning and Zoning Advisory Board Meeting
9 August 15,2007
AGENDA