HomeMy WebLinkAbout2005-07-20 Planning & Zoning Advisory Board Minutes • MINUTES •
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Commission Chambers
Wednesday, July 20, 2005
7:00 P.M.
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ROLL CALL
7:02:42 PM
Edward Bourgeois - Present Also Present:
Lottye Crooms - Present Laurence Leeds, AICP, Director Community Development
George Jason - Absent Corinne Church, AICP, Principal Planner
Patrick Schilling - Present Thomas Ansbro, City Attorney
Dr. Paul Fetscher - Present Lou Ann Cunningham, Board Clerk
Motion to excuse George Jason. Motion made by Edward Bourgeios seconded by Lottye
Croms to excuse George Jason. Motion passed unanimously.
7:03:34 PM
1) PL-17-05 - The applicant and owner, Aqua Isle by Carr Residential, LLC., is requesting a
perimeter plan to allow the construction of 127 townhouses. The subject property is
currently the site of the Aqua Isles mobile home park. The applicant is proposing the
construction of 127 townhouse units, which will require rezoning, site plan and assignment
of reserve units.
Corinne Church, AICP, Principal Planner, Community Development Department
addressed the board introducing Bonnie Miskel Esquire, on behalf of "the applicant.
II Attorney Miskel described the proposed request to the board.
Corinne Church, addressed the board describing the submitted plat indicating the
following comments which will need to be addressed:
1. Revise survey note #2. Survey notes & sketch must show all 'easements &
encumbrances identified in Broward County Public Record as indicate on the City's
Submittal Check List requirements; including title work if referenced (Planning).
2. Identify width of Griffin Road after ROW dedication.
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MINUTES JULY20,2005
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3. Identify location, size and public access to public park land (Planning). Acceptance of
fee in lieu of dedication at the discretion of the City Commission pending submission
of current appraisal (60 days) based on proposed use of property (127 town homes).
4. Letter agreeing to connect to sanitary sewer (Public Services).
5. Identify easement for sanitary sewer lines (Public Services).
6. Submit storm water calculations (Public Services).
Ms. Church indicated that staff is recommending approval, subject to addressing Items 1 —
6. Ms. Church further indicated that the plat will not be scheduled for city commission
approval until these items are addressed.
Chairman Fetscher opened the item for public comment.
Russ Hornberger who resides at 4700 SW 39 Avenue, at Aqua Isles, indicating that the
present mobile homes are affordable housing
Bill Jolley who resides at 4743 SW 39 Avenue, at Aqua Isles against relocating.
Hearing no one and seeing no one the public hearing was closed.
Lottye Crooms asked Attorney Miskel to address relocation process as required by the state
statutes.
Attorney Miskel addressed the process required by the state and her client's efforts to offer
additional relocation assistance.
Chairman Fetscher entertained additional comments from the public.
Russ Hornberger indicated that the park is currently in terrible shape.
William Jolley questioned why their land was chosen to develop. Stated that relocation
process is not working for him with the representative they have sent.
Attorney Miskel indicated that she would take Mr. Jolley's number and address his concerns
personally with him.
The board had questions regarding the definition of "Affordable Housing" units. Attorney
Miskel addressed the affordable housing standards.
It was noted for the record that Patrick Shilling was in attendance.
Hearing no additional comments from the board or staff a motion was made by Edward
Bourgeios, seconded by Lottye Crooms, to recommend approval of the Preliminary Plat
request PL-17-05 with the 6 conditions of staff. Motion passed on the following roll call:
Planning and Zoning Advisory Board
MINUTES DULY 20,2005
Edward Bourgeois Yes Patrick Schilling Yes
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
2) VA-26-05 - Applicant Dynamic F & B Holdings (d/b/a - Tarks Restaurant) is requesting a
sign variance from Chapter 28, Zoning Article 28.110 to allow a 24 square foot monument
sign measuring 12 feet tall by 2 feet wide sign setback 2 feet from the US 1 property line
(Chapter 28, Zoning, Article 28 — Signage, allows a 36 square foot, 7 foot tall monument
sign setback 5 feet from the US 1 property line.); Also, to allow a replacemlent wall sign 2
'/2 feet x 8 feet (Sign code allows a 2 1/2 foot x 7 1/2 foot wall sign.) Property is located at
1317 South Federal Highway, Dania Beach.
7:24:15 PM
Ted Itzoe, 915 Nautlius Isles, owner of Tarks described his request for a sign variance.
Chris Mann with Preferred Sign Company, addressed the board indicating that they are
only requesting an additional 2 feet, feeling it is a very minimal request.
Corinne Church, AICP, Principal Planner, Community Development Department
addressed the board describing the proposed request. Ms. Church indicated that the
subject property consists of a restaurant and parking area. In the parking lot, intersection
vision regulations (US 1/SE 13 Terrace) require a 10 — 15 foot sign setback from US 1,
resulting in the loss of 2 parking spaces. The building is located on the south lot line,
prohibiting a monument sign south of the building. The US 1 building setback is 4.87 feet,
less than the 5 foot sign setback required by code.
Ms. Church indicated that the proposed monument sign is 24 square feet, lass than the 36
square feet allowed by code and that the applicant proposes a beige colored stucco finish
to match the building. The sign cabinet will consist of white letters with teal background.
She indicated that based on intersection vision restrictions, 0' building south lot line
setback next to the south lot line, and the 4.87 building setback on US 1, there appears to
be a legal hardship to grant a variance to the standard monument sign. Also, applicant
proposes less sign area than allowed by code.
Ms. Church further indicated that staff has no objection to applicant's `de rninimus' (Less
than 2 sq. ft.) variance request and that staff is recommending approval of both variances,
subject to the monument sign base be a beige-colored stucco finish to match the building
and that the sign cabinet consist of white letters with teal background.
Chairman Fetscher opened the item for public comment, hearing no one and seeing no
one the public hearing was closed.
Hearing no further staff or board discussion a motion was made by Patrick Schilling,
seconded by to Lottye Crooms to recommend approval of the variance request VA-26-05
with the incorporation of staff's comments. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
3) VA-37-05 - Applicant Pamela St. Germain on behalf of property owner Mi�hael Magnier,
for property located at 4601 SW 34 th Drive, Dania Beach, is requesting a variance.
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1. To allow a stora a shed addition to be setback Set from the south side yard
property line; 7.5 feet required. (Broward County Zoning Code, Single Family (R-1 C)
Sec. 39-583. Side yards.)
2. To allow an awning to be setback 3.5 feet from the north property line; 4.5 feet
required. (Broward County Zoning Code, Sec. 39-583 (a) Yard encroachments)
7:33:01 PM
Pamela St. Germain, Architect for the project, 2501 South Ocean Drive, Hollywood. Ms.
St. Germain indicated that her client would like to install a storage shed to clean up the
property.
Corinne Church, AICP, Principal Planner, Community Development Department
addressed the board describing the proposed request. Ms. Church indicated that the
subject property was annexed into the City of Dania Beach in 1990. The zoning is
Broward County Single Family (R-1 C). The property owner is proposing to construct a
storage shed on the side of his house and to allow an awning to be setback 3.5 feet from
the north property line.
Ms. Church indicated that staff withholds a recommendation indicating that the applicant
shall demonstrate hardship to the Planning and Zoning Board.
Chairman Fetscher opened the item for public comment, hearing no one and seeing no
one the public hearing was closed.
The board requested Mr. Magnier to address his hardship. Mr. Magnier indicated that his
hardship is that he needs the shed to store his boat.
Mr. Bourgeois indicated that the property appeared to be in very poor shape feeling that
the property has been neglected. Ms. St. Germain addressed the board indicating that
Mr. Magnier is waiting to see if he is granted the variance before he begins the cleanup
process and beautification of the property.
Motion made by Patrick Schilling to decline the variance request VA-37-05 for the storage
shed, seconded by Edward Bourgeois. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
Motion made by to Edward Bourgeois to recommend approval of the variance request VA-
37-05 of the awning, seconded by Patrick Schiliing. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
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MINUTES JULY20,2005
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4) VA-38-05 - Applicantsechard and Dianne Batson, are regOsting a variance for property
located at 3911 SW 56th Street, Dania Beach, to allow a screen enclosure;to be setback
1.6 feet from the west and north property lines where 3 feet is required. (Broward County
Zoning Code, Article XVI. Residential Zoning Districts, Sec. 39-275. General Provisions,
5(b) Swimming Pools)
7:45:48 PM
Applicants Richard and Dianne Batson addressed the board regarding a variance to allow
a screen enclosure setback 1.6 feet from the property lines. Mr. & Mrs. Batson indicated
that due to the orientation of the many oak trees on the property a screen enclosure would
help alleviate some of the debris falling from the trees into their pool. Ms. Batson
addressed many alternatives that were considered and that this alternative was the best
choice from an aesthetic and maintenance view.
Corinne Church, AICP, Principal Planner, Community Development Department
addressed the board describing the proposed request to allow a screen enclosure to be
setback 1.6 feet from the west and north property lines; 3 feet required.
The subject property was annexed into the City of Dania Beach in 2001. The zoning is
Broward County Single Family (RS-3). The property owner is proposing to construct a
screen enclosure for an existing pool on top of an existing wall. The wall sits 1.6 feet from
the north (rear yard) and west (side yard) property lines. The Code requires a 3 foot
setback for screen enclosures. Applicant's hardship statement is attached. Ms. Church
indicated that staff withholds a recommendation indicating that the applicant shall
demonstrate hardship to the Planning and Zoning Board.
Chairman Fetscher opened the item for public comment, hearing no one and seeing no
one the public hearing was closed.
7:52:22 PM
Motion made by Lottye Crooms to recommend approval of variance request VA-38-05,
seconded by Edward Bourgeois. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
5) VA-40-05 - Variance request by Synalovski Gutierrez Romanik Architects, Inc., on behalf
of Stirling LLC, for property located at the northwest corner of Stirling Road and S.W. 35
Avenue, Dania Beach to allow construction of a monument sign as follows:
1) 9 feet 10 inches tall (Dania Beach Zoning Code Section 28.095. Entryway signs
at residential multi-unit complexes or communities, permits monuments signs to
be 8 feet high)
2) 18 foot over all width (Code section 28.095, allows a 14 foot overall width.)
3) 12 foot letter width; (Code section 28.095, allows 10 foot letter width.)
7:53:33 PM
Monica Capelluto, Synalovski Gutierrez Romanik Architects, Inc, addressed the board
describing the request for variance to construct a monument sign for Ithe approved
development Forest View homes.
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Corinne Church, APP, Principal Planner, Commun�i Development Department
addressed the board describing the proposed request. Ms. Church indicated that a site
plan for this site was approved for the construction of 31 single family houses on January
11, 2005. The applicant is now requesting an identification sign to be located at the
intersection of Stirling Road and SW 35 Avenue.
Ms. Church described that there is an existing wall sign at the intersection identifying
Hollywood Oaks and Oak Ridge and that the Forest View sign, at 9' 10", is three feet taller
in order to be seen above the Oak Ridge sign. In addition, due to this unique situation, the
resulting available sign area is long and narrow, necessitating additional variances for the
width of the monument sign structure and width of the sign area.
Ms. Church indicated that staff is recommending approval, based on applicant's hardship
that the sign cannot be seen unless it is elevated above the existing Oak Ridge wall sign,
subject to the following:
(1) Monument sign to be installed instead of a pole sign.
(2) Applicant to use best efforts to match color/design of existing Oak Ridge Sign.
Chairman Fetscher opened the item for public comment, hearing no one and seeing no
one the public hearing was closed.
Chairman Fetscher asked if the applicant is agreeable to staffs recommendations. Ms.
Capelluto indicated that her client is agreeable to staffs comments.
Motion made by Edward Bourgeios, seconded by Lottye Crooms to recommend approval
of the variance request VA-40-05 with the incorporation of staff's comments. Motion
passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
6) Zoning Code Text Amendment: Amending supermajority vote for height regulations.
8:02:44 PM Thomasi J. An r sb o, City Attorney, addressed the board describing the
proposed request. Mr. Ansbro indicated that the current zoning code requires a 4/1
(supermajority) city commission vote to grant a height variance to allow buildings in
excess of 62 feet. Currently, this is the only variance request that requires the 4/1 vote.
All other variances can be granted by a 3/1 simple majority vote.
The proposed text change would allow the city commission to grant a height variance
greater than 62 feet with a 3/1 simple majority vote.
Chairman Fetscher opened the item for public comment, hearing no one and seeing no
one the public hearing was closed.
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MINUTES JULY20,2005
Patrick Schilling indict that he is in favor of a supermajor�y vote for height variances.
Paul Fetscher indicated that he felt that a simple majority is sufficient. Hearing no further
comments from the board or staff, a motion was made by Lottye Crooms, seconded by
Edward Bourgeois, to recommend approval of the zoning code text amendment relating to
height regulations. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - No
Dr. Paul Fetscher - Yes Lottye Crooms - Yes
Adjourn.8:10:26 PM
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Planning and Zoning Advisory Board
MINUTES DULY 20,2005