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HomeMy WebLinkAbout2005-04-20 Planning & Zoning Advisory Board Minutes • MINUTES - CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Commission Chambers Wednesday, April 20, 2005 7:00 P.M. 7:07:40 PM I. ROLL CALL Edward Bourgious - Absent Also Present: George Jason - Present Laurence Leeds, AICP, Director Community Development Lottye Crooms - Present Corinne Church, AICP, Principal Planner Dr. Paul Fetscher - Present Thomas Ansbro, City Attorney Lou Ann Cunningham, Board Clerk Motion made by George Jason, seconded by Paul Fetcher to excuse Edward Bourgious. Motion passed unanimously. At this time the board opened nominations for a Chairman and Vice Chairman to the Planning and Zoning Advisory Board. Motion made by Lottye Crooms to nominate Dr. Paul Fetscher as Chairman, seconded by George Jason. Motion passed unanimously. Motion made by Lottye Crooms to nominate Ed Bourgious as Vice Chairman, seconded by George Jason. Motion passed unanimously. II. CITY ATTORNEY Presentation - Laws Applicable to Advisory Board Members Presentation was made at the end of the meeting. III. PUBLIC HEARINGS 7:09:52 PM 1) VA-08-05 - Juerg Schreiter is requesting a variance to allow a docked boat to exceed the allowable size. Boat docked to the rear 301 NE 2 Court. Variance request is to allow a boat to extend approximately 38.5% into the canal. (The maximum allowed by the Dania Beach Code of Ordinances, Zoning Appendix [Zoning 33-40(13) (d)] is 30%.) Corinne Church, AICP, Principal City Planner, addressed the board describing the variance request for property located on 301 NE 2 Court. Ms. Church indicated that the applicant must demonstrate to the Planning and Zoning Board and the City Commission that they have met the requirements of Section 10.13 of the Zoning Code to establish a hardship, further stating that from a technical standpoint, staff cannot support a variance that would reduce the width of the navigable waterway below the required 40% of the canal width. Mr. Leeds addressed the board indicating that property owners within 300 feet have been notified. The board also received documentation from Attorney Teresa Bennett. ' Planning and Zoning Advisory Board Minutes I APRIL 24 2005 0 0 Juerg Schreiter addressed the board indicating that the boat belongs to one of his friends and that he is leasing the dock space. Chairman Fetscher opened the item for public comment. 7:19:41 PM Attorney Teresa Bennett representing Michael Mancusi addressed the board. Indicated that Mr. Mancusi and his mother own the other half of the canal in 2 places. Spoke against the granting of the variance. She indicated that the code enforcement board cannot enforce the code due to the time it will take to bring it through the variance process. Indicated the problems with this procedure. Mr. Leeds addressed the board clarifying the code enforcement board process. Ms. Bennett addressed the variance criteria addressing the areas where she feels that the hardship has not been met. Joe Mancusi 214 NE 2 Place, addressed the board speaking for his mother Mary Mancusi, stating that she owns property directly across the canal from the subject property. Spoke against variance, mother is replacing dock and the boat will interfere with the construction of the dock. 7:34:52 PM Keith Gully 188 NE 2 Place, stated that he owns the "Triamaran" boat. Mr. Gully stated that there was a catamaran on this property previously. He further stated that he had previously rented space from Michael Mancusi, but that Mr. Mancusi did not want to rent out the space at this time. Feels he has met the requirements of the variance request. 7:39:14 PM Questions by the board regarding previously rented space and sizes of the boats he had placed on the canal. 7:41:32 PM Randy Ulbrick 114 NE 2 Place, spoke regarding his observations about maneuvering at the end of the canal. Spoke in favor of the variance. 7:43:17 PM Gina Finley 118 NE 2 Place, felt all of the documentation has been submitted as required. Hearing and seeing no one further, Chairman Fetscher closed the public hearing. 7:48:57 PM Further discussion by the board: Questions by board regarding the result of recommending approval. Attorney Ansbro indicated that the board can fashion any conditions to the variance. Hearing no further discussion by the board a motion was made by Lottye Crooms, seconded by George Jason, to recommend denial of variance request VA-08-05. Motion passed on the following roll call: George Jason - Yes Lottye Crooms - Yes Dr. Paul Fetscher - Yes 2) VA-12-05 - The applicant, Ronald and Stacey Costello, is requesting a setback variance to allow an addition to their private residence 5 feet from the east side property line. Property is located at 262 SW 8 Street. (Chapter 28, Zoning, Schedule of Lot, Yard and Bulk regulations indicate that 7 feet is required).7:53:37 PM Planning and Zoning Advisory Board Minutes 2 APRIL 20,2005 Corinne Church, AICP, Principal City Planner, addressed the board describing the variance request for property located at 262 SW 8th Street. Ms. Church indicated that the homeowners are proposing a 518 square foot addition to accommodate a handicapped child and that the addition will follow the same setback established by the existing structure. Ms. Church closed stating that the applicant must demonstrate to the Planning and Zoning Board and the City Commission that they have met the requirements of Section 10.13 of the Zoning Code to establish a hardship, and that based on hardship established by medical condition, staff can support the variance if there is no objection from the abutting property owner. Questions by board regarding the original house having a 5' setback, Mr. Leeds addressed the question, indicating that there are other homes in the area with this type of setback. 7:55:50 PM Ronald Costello addressed the board regarding the variance request, indicating his son's disability and the constraints of the home with his wheelchair. The expansion would make the child's home wheelchair accessible. Chairman Fetscher opened the item for public comment: 7:57:23 PM Hearing no one and seeing no one, the public hearing was closed. Hearing no further discussion by the board, a motion made by Lottye Crooms seconded by George Jason to recommend approval of variance item VA-12-05. Motion passed on the following roll call: George Jason - Yes Lottye Crooms - Yes Dr. Paul Fetscher - Yes 3) VA-13-05 - Clare Vickery, applicant, representing Doris Singer, property owner, is requesting a parking variance to allow 17 parking spaces for an existing commercial building located at 49 N. Federal Highway. (Chapter 28, Zoning 6.21. Off Street Parking Requirements, indicate that 72 parking spaces are required.) 7:57:55 PM Laurence Leeds, AICP, Director, Community Development Department, addressed the board describing the variance request. Mr. Leeds indicated that the applicant proposes a 2,500 sq. ft. restaurant, 1,500 sq. ft. of retail space, and a 2,000 sq. ft. dance studio on the second floor. Mr. Leeds stated that because a dance studio is not specifically listed in the parking code, parking is based on the "personal service" requirement of 1 space per each 250 sq. ft. of floor area. Mr. Leeds indicated that staff cannot support the parking variance as proposed and while sufficient off-site parking is available on evenings and weekends for a 100 seat restaurant; week-day parking becomes inadequate once the restaurant occupancy exceeds 60 customers. He further stated that staff can support a "temporary parking variance" for a trial period subject to the following restrictions and that the city will have to rely upon the property owner to enforce these restrictions on a day-to-day basis. Staffs recommendations are as follows:8:02:33 PM 1) Parking variance shall be limited to 24 months from issuance of a certificate of occupancy. 2) No more than 80 customer seats shall be permitted regardless of restaurant floor area size. Planning and Zoning Advisory Board Minutes 3 APRIL 20,2005 3) Dance classes shall be restricted to no more than 15 persons (14 students & instructor) during weekdays. 4) Dance classes shall not be held between the hours of 11:00 am and 2:00 pm; Monday- Friday. 5) Parking variance may be modified, extended for additional time, or made permanent only by approval of the City Commission. 6) Applicant to submit letter agreeing to the following: a. The temporary parking wavier does not confer any vested rights with respect to restaurant use. b. Applicant to use best efforts to enter into a shared parking access easement with the adjoining property owners within 6 months. c. Violation of any Conditions 1 - 4 days shall be considered a city code violation subject to enforcement action. d. Parking variance approval automatically expires within 24 months from issuance of a certificate of occupancy. 7) Applicant to provide dumpster enclosure per city code. 8:04:42 PM Claire Vickery addressed the board describing the concept of the proposed use. The board questioned the dumpster location, and whether it would take away from one of the current parking spaces. Ms. Vickery addressed the downtown parking issue and her efforts working with the e downtown business owners. Mr. Leeds addressed the board regarding the parking space and dumpster issue. Ms. Vickery commented on the seating issue, preferring 80 seats, and also indicating she would conform to all city dumpster conditions. Chairman Fetscher opened the item for public comment: 8:21:18 PM Mary Saragussa spoke in favor of the petition. Hearing no one and seeing no one further, the public hearing was closed. Further discussion by the board: Comments by board indicating that the concept is good for redevelopment. Hearing no further discussion, a motion was made by George Jason, seconded by Lottye Crooms to recommend approval of item VA-13-05. The motion passed on the following roll call: George Jason - Yes Lottye Crooms - Yes Dr. Paul Fetscher - Yes 4) Applicant Jody Oberholzter, for proposed project known as the 84 Commerce Center. Property is generally located at the SW Corner of State Road 84 and 23rd Terrace. VA-62-04—Variance: 1. To provide an 8' setback (south); 20' required. (Chapter 28, Zoning, Article 18 Industrial Research Office Marine (I ROM) District) Waiver: 1. To provide a 10' street side setback (north); 30' required. 2. To provide an 11' rear setback (west); 20' required. 3. To provide 25.9% pervious area; 30% is required (Article 29, Section 29.10 of the City's Zoning Code). Planning and Zoning Advisory Board Minutes 4 APRIL 20,2005 • 0 SP-63-04 — Site Plan request for the proposed construction of a 15,000 square foot office/warehouse facility. 8:23:42 PM Corinne Church, AICP, Principal City Planner, addressed the board describing the request for an office/warehouse project on the south west corner of State Road 84 and SW 23 Terrace. Ms. Church indicated that the City Commission conditionally approved this site plan and variance on July 9, 2002 (Reso. No. 2002-102), however that approval has since expired. Ms. Church described each request for variance and waiver indicating that the only change since approval in 2002 is an increase in the pervious area from 25% to 25.9%. Ms. Church described staff's comments which are outstanding on the site plan as follows: 1. Provide a recorded copy of the plat. 3`d request. (Planning) 2. Indicate whether monument & wall signage will have individual channel letters w/raceway or push through. Also identify method of illumination. Sheet A-3 does not provide this information. 2nd request. (Planning). (Ms. Church indicated to the board that this item has been addressed.) 3. In response to previous comments, the drainage along SW 23 Terrace, the engineer has added a note regarding construction of a swale; however, no grading;information is shown. We understand that a small drainage area is involved, but the area must be depressed in order to minimize ponding along the pavement. Please add grades. (Public Services) 4. Tree Removal: removal or relocation of existing trees will require submittal of a tree removal permit. (Landscape Consultant) 5. There are many strangler figs. It appears that all of the figs on site have grown from seed deposits. The host trees for the strangler figs at this site are all decayed in the center of the fig trees. There may be 1-2 that can be relocating. Contact the Landscape Consultant to discuss further. (Landscape Consultant) Ms. Church closed indicating staff making no recommendation at this time. Mr. Leeds gave a brief history of the previous approval of the project, stating that staff is supporting the project, but would like to see the comments addressed prior to commission hearing. Mr. Iraq Shojae, architect for the project addressed the board describing the project and the progress made towards staffs comments. Chairman Fetscher opened the item for public comment: Hearing no one and seeing no one further, the public hearing was closed. Hearing no further discussion by the board motion made by George Jason, seconded by Lottye Crooms to recommend approval of items VA-12-05 and SP- 43-04, pursuant to staffs comments being resolved prior to City Commission consideration. Motion passed on the following roll call: George Jason - yes Lottye Crooms - yes Dr. Paul Fetscher - yes Attorney Ansbro discussed sunshine laws applicable to advisory board members. 8:32:16 PM Meeting Adjourned 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. Planning and Zoning Advisory Board Minutes 5 APRIL 20,2005 0 • 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. Planning and Zoning Advisory Board Minutes 6 APRIL 20,2005