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Home My WebLink About2004-03-17 Planning and Zoning Board Minutes MINUTES • CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Wednesday, March 17, 2004 7:15 P.M. Ce�ter�+iaf 1904-2004 ROLL CALL— Edward Bourgeois - Present Laurence Leeds, AICP, Director Community Development George Jason - Present Corinne Church, AICP, Principal Planner Gary Luedtke- Present Thomas Ansbro, City Attorney Victor Lohmann—Absent Lou Ann Cunningham, Board Clerk Motion made by Gary Luedtke to excuse Lottye Crooms, seconded by Edward Bourgeois. Motion passed unanimously. 1) VA-78-03 - Applicant: Charles Serabian on behalf of James Barron SP-78-03 - Location: 2501 Griffin Rd., Dania Beach Request by Charles Serabian, on behalf of James Barron for site plan request to convert an existing building into a Subway restaurant located at 2501 Griffin Road. The site plan request is associated with a request for a variance from Chapter 26, Article IV Landscaping, as follows: i 1) To waive the minimum landscape buffer to allow a seven and a half (7.5) foot on the east side, eight and a half (8.5) foot on the west (where 10 feet is required on local roads) and eight (8)feet on the south (where 15 feet is required on Traffic ways); and 2) To allow two (2) parking spaces to project into landscape buffer as much as four (4) feet, providing only 6 feet of landscape buffer area at the corners. Waiver: To waive the Principal Arterial Commercial Design Standards Overlay Arterial Design requiring a pitched roof. Corinne Church, AICP, Principal Planner for the Department of Community Development, addressed the board describing the proposed requests. Ms. Church explained the prosped request to the board. Ms. Church stated that staff recommends approval of the site plan with the following comments: 1. The color rendering and building elevation shows a green painted overhang on the east side of building. Staff recommends painting the overhang the same color as the rest of the building. 2. Monument sign ground pedestal must match the stucco finish and color of the main building. 3. Provide photometric plans showing foot candle levels at property line. Light level should not exceed .5 foot candle at north property line. 4. Clearly label and identify the location of the proposed hedge on the south, east and west adjacent to vehicle use areas. Planning and Zoning Advisory Board MINUTES 1 March 17, 2004 5. Advice as to the disposition of the existing wood pole with anchors, service line, manhole, and the adjacent property concrete slab (located on this property) as they may affect the development. 6. Add a note that the height of the wall or fence shall be measured from the adjacent sidewalk. 7. Provide and label any proposed or existing easements and fire hydrants on the landscape plans. 8. Provide cross sections of the landscape buffers to review, as it appears that a 3' to 3.5' deep retention area is proposed in the front of the property (south buffer). NOTE: All landscape buffers shall be at grade level and flat. We will however, allow a 6" to 8" swale in them. NOTE: There were no new plans to review. 9. Provide a note on the landscaping plans to provide the required landscape screening around the proposed sprinkler pump, mechanical equipment, and FPL boxes. Ms. Church concluded her summation stating that staff recommends a continuance of the site plan to allow the applicant to address staffs comments and recommends approval of the 2 variances and Waiver. Ms. Church answered questions by the board as to setbacks, signage, and FDOT requirements. At this time, Vice Chairperson George Jason opened the item for public comment. Charlie Serabian, petitioner addressed the board describing the proposed project and addressing some of the board's concerns. Mike Brickman, resident at 4740 SW 25 Terrace, spoke in favor of the project and had questions regarding the fence. Faye Bartelmes, resident at 214 SW 2 Terrace, spoke in favor of the project and comments regarding the proposed landscaping. Hearing no one and seeing no one further, the Vice-Chairperson brought the item back to the board for comment. Motion made by Gary Luedtke to continue the site plan request SP-78-03, seconded by Edward Bourgeois. Motion passed on the following roll call: Edward Bourgeois - yes George Jason - yes Gary Luedtke - yes Motion made by Gary Luedtke to recommend approval of the variance requests VA-38-03 and Waiver, seconded by Edward Bourgeois; Motion passed on the following roll call: Edward Bourgeois - yes George Jason - yes Gary Luedtke - yes Planning and Zoning Advisory Board MINUTES 2 March 17, 2004 2) VA-03-04 - Applicant: • Pastor Juan G. Cuevas, repres&g Maranatha House Ministries Property Owner: Tamara Schachter Wohl Location: 56 North Federal Hwy., Dania Beach Request by Pastor Juan G. Cuevas, for a variance from parking requirements to operate an auditorium and retail space where 53 parking spaces are required (pursuant to Chapter 28, Article 6, "Off Street Parking Requirements") and 25 spaces are provided. Mr. Laurence Leeds, AICP, Director Community Development addressed the board describing the proposed request located on the first floor of an existing two story retail building located on the east side of Federal Highway north of Dania Beach Boulevard. Mr. Leeds concluded his presentation stating that staff recommends approval, subject to the following: 1) Meeting room use limited to the following hours: After 7:00 pm Monday-Saturday and all day Sunday. 2) Property owner to prepare and record unity of title (approved by the City Attorney) tying together all parcels (including parking areas)associated with 56 North Federal and 28 North Federal. The Unity of Title to be completed and recorded within 60 days or assembly room use to be discontinued. At this time, Vice Chairman Jason opened the item for public comment. Benjamin Whol, representing the owner of the property together with Pastor Juan Cuevas addressed the board with any questions they may have. Pastor Cuevas addressed the board asking support of his request using the owner's other lots, stated congregation is just beginning and is extremely small. Hearing no one and seeing no one further, the Vice Chairman closed the public hearing bringing the item back to the board for comment. The board raised questions concerning hours of operation and number of members in the congregation. Discussion between Mr. Whol, Leeds and Attorney Ansbro regarding the unity of title issue. Motion made by Gary Luedtke to recommend approval of variance VA-03-04, subject to staffs recommendation, seconded by Edward Bourgeois; Motion passed on the following roll call: Edward Bourgeois - yes George Jason - yes Gary Luedtke - yes Planning and Zoning Advisory Board MINUTES 3 March 17, 2004 3) VA-08-04—Applicant: Michael Morrison, Morrison Builders, representing: Property Owner: Andre Lemaire Location: 950 Nautilus Isle, Dania Beach A variance request to allow a boat lift to extend 22% (17.5 feet) into a canal, when 10% (8 feet) is allowed according to the Dania Beach Zoning Code of Ordinances, Appendix Section 33-40 Regulation and use of waterways and facilities). Property located at 950 Nautilus Isle. Corinne Church, AICP, Principal Planner addressed the board describing the request to propose construction of a boatlift on top of four (4) proposed pilings. The proposed boatlift would extend into an 80 foot canal 17.5 feet or 22% of the canal width. Ms. Church concluded her presentation stating that staff recommends approval of a four and a half(4.5)foot encroachment to allow a boatlift to extend 12.5 feet from the property line. At this time, the Vice Chairperson opened the item for public comment. Michael Morrison, representing the applicant addressed the board to clarify any questions by staff and the board. Mr. Morrison stated that there is another existing 20-foot boat dock, which existed for approximately 15 years. Mr. Morrison explained the sketch showing the proposed dock. Mr. Leeds asked Mr. Morrison if there were existing mooring piles, Mr. Morrison stated no, and that the plan in the package shown was submitted to the Building Department for permitting prior to finding out that mooring piles were not allowed. Mr. Morrison described the request and submitted photos to the board for their review. At this time, the applicant, Andre Lemaire addressed the board stating his concerns and reasons for support of his request for the boatlift and dock. He described the existing conditions and asked the board for their support to his request. Betty Phipps of 946 Nautilus Isle spoke in opposition of the variance request. Kathy Cappy of 942 Nautilus Isle spoke in opposed of the variance request. Hearing no one and seeing no one further, the Vice Chairperson brought the item brought back to the board for comment. After further discussion by the board, a motion was made by Gary Luedtke to recommend approval of variance VA-08-04, as per staffs recommendation for a four and a half (4.5) foot encroachment to allow a boat lift to extend 12.5 feet from the property line, seconded by Edward Bourgeois; Motion passed on the following roll call: Edward Bourgeois - yes George Jason - yes Gary Luedtke - yes 41 VA-12-04- Applicant: John Bartley, B & B Builders Location: 218 SE 15th Street, Dania Beach Variance request to waive the minimum 40% pervious area to allow 35% for a single family dwelling unit from 40% to 35% to allow the addition of a pool and deck. Chapter 28, Zoning Article 29.10 sets the pervious/impervious land area requirements. Planning and Zoning Advisory Board MINUTES 4 March 17, 2004 Ms. Corinne Church, A& Principal Planner addressed the Od describing the variance request. At this time, the Vice Chairperson opened the item for public comment. John Bartley of 201 SE 2 Ave., addressed the board describing the request for the pool, and approval of at least 7 foot setback on the north side. Hearing no one and seeing no one further, the Vice Chairperson brought the item back to the board for comment. Motion made by Gary Luedtke to recommend approval of variance VA-12-04, subject to staffs recommendation of a 7 foot setback on the north side, seconded by Edward Bourgeois; Motion passed on the following roll call: Edward Bourgeois - yes George Jason - yes Gary Luedtke - yes Adjourn. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSION 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MIRIAM NASSER, ACTING CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924-3624, AT LEAST 48 HOURS PRIOR TO MEETING. Planning and Zoning Advisory Board MINUTES 5 March 17, 2004