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HomeMy WebLinkAbout2002-06-19 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD • Wednesday, June 19, 2002 7:00 P.M. Roll Call: Lo a Crooms Laurence Leeds AICP Growth Management Director ttY 9 Paul Fetscher Susan Trevarthan -Assitant City Attorney present for Tom Ansbro Mike Nolan Lou Ann Cunningham - Board Clerk Lisa Young John Etling Motion made by Paul Fetscher to excuse Lottye Crooms, seconded by Mike Nolan. Motion passed unanimously. 1) Approval of Minutes - Approval of Minutes from the February 20, 2002; March 20, 2002; April 17, 2002; and May 15, 2002 regular Planning and Zoning Advisory Board Meetings. Corrections made on minutes from the February 20, 2002 meeting on page 2, paragraph 3 line 2 and paragraph 5 line 3 - "non-residents"; March 20, 2002 meeting on page 2, paragraph 3 to insert "after passing the gravel to Mike Nolan" after seconded by John Etling, on line 4; and • April 17, 2002 meeting on page 1, last paragraph line 2, change direction word from�NE to SE. Motion made by Mike Nolan to amend minutes as indicated by Chairman, seconded by Lisa Young. Motion passed unanimously, closed motion carried. Motion made by Mike Nolan to approve as amended minutes on the entire amendments, seconded by Lisa Young. Motion passed unanimously, closed motion carried. 2) SP-13-02 - Site plan request by Gary Posner, owner, Treasure Cove Associates, LTD, for property located at SW 45th Street and SW 27th Avenue, Dania Beach, FL relating to the proposed construction of boat slips for the Treasure Cove Town homes. Continued from May 15, 2002 Planning &Zoning Advisory Board Meeting. Gary Posner, the applicant addressed the Board describing his request for a boat slip site plan to allow installation of wood deck and boat slip. Dr. Fetscher questioned Mr. Posner regarding the legal issue between Treasure Cove and Karen Gottlieb. Mr. Posner responded that he had acquired the opinion of title stating that Treasure Cove owns the land and water. He also mentioned that the legal issue between Karen Gottlieb and Treasure Cove has not been resolved. Mr. Leeds explained to the Board that a building permit could not be issued until the lawsuit has • been resolved. Planning and Zoning Advisory Board 1 MINUTES June 19, 2002 • Assistant City Attorney, Susan Trevarthan addressed the Board stating that because it is an active litigation, it is impossible for them to determine whether Mr. Posner has clear proof of ownership, and it is up to the court to decide legally. • Dr. Fetscher verified about the 6-foot concrete block with stucco wall for the fence.';Mr. Posner confirmed that there would also be additional drainage and catch basin on the south side of the property and sign reduction. Chairman John Etling opened the item for public comment. Jim Brady, Attorney representing Karen Gottlieb, briefly described Ms. Gottlieb's current litigation matters and request the Board to continue the meeting until September so that her legal issues could be resolved. John Etling inquired what harm would Ms. Gottlieb suffered should the Board approve the site plan while building permit is still pending until the lawsuit has been resolved. Mr. Brady responded that there would be no more jurisdictions after the given 30-days period. It would cost Ms. Gottlieb more expenses to file another appeal. Ms. Trevarthan explained there is no time frame that would tie his present actions The Board could only review the item and could not make recommendations to the Commissioners; and that Mr. Brady could challenge the Commissioners' decisions at the Commission meeting. Mike Nolan voiced concerns about the delay and any further appeal on the litigation. Ms. Trevarthan responded that there might be further action with possible appeal to the district • court of appeal. I i Robert Biegen, Attorney at Roth Russo & Darrach; representing Gary Posner spoke regarding the litigation. He stressed that Karen Gottlieb's outstanding issues objection to tho opinion of title may cost her a considerable amount of expenses and also in delaying Treasure Cove's undergoing site plan. Anticipation of resolving the litigation may take at least two years. He urged the Board to move the item forward to the next Commission meeting. Peter Quinn of 4487 Treasure Cove Drive, spoke in favor of the boat slip site plan. Clara Berki of 1299 SW 28tt'Ave, spoke in opposition of the boat slip site plan. Vito Cucuzza of 4401 SW 24"'Ave, spoke in opposition of the boat slip site plan. Sally Richardville of SW 25t"Ter. spoke in opposition to boat slip site plan. Ginny Valletti of 4483 Treasure Cove Drive, spoke regarding the boat slip and the improvement that Mr. Posner did. She spoke sympathetically of Ms. Gottlieb's legal issue and wished both she and Mr. Posner would resolve their differences. Vito Cucuzza spoke again mentioning the boat park built by the city has become ugly. Connie Roland of 4428 SW 28th Ter, spoke in opposition of the boat slip site plan. • John Etling reminded the Board regarding boat slip conditions and stipulations from previous meeting which Mr. Posner had agreed in establishing the homeowners' association documents. Planning and Zoning Advisory Board 2 MINUTES June 19, 2002 It was also approved by the Commission during the last meeting. He also questioned the possible restrictions to the use of boat slips to be included in the document. • Mr. Posner responded that these similar restrictions were already written in the homeowners' association document. Treasure Cove is a private community and docks are not allowed to be rented out and could only be used by owner or tenant (i.e no sub leasing of docks), thus limiting the number of boats in the canal. Each dock would be deeded to individual property owner. Jim Brady addressed the Board again in reference to restricted use of boat slip conditions should be recorded on the site plan. George Minski, Attorney for Mr. Posner of 3440 Hollywood Blvd., spoke regarding Mr. Posner's in compliance with the staffs recommendation and the agreement of the boat slip conditions. A resident asked Larry Leeds whether the deed guaranteed the rights for Mr. Posner to build docks. Mr. Leeds responded that he has not seen the deed but he has seen the boundary survey and plat which indicated Mr. Posner owns the property that is in the boat basin. Mr, Posner is allowed to build docks pursuing to the city requirements prior to issuing a building permit and also subject to the requirements of the applicable state, county and/or federal regulatory agencies. Mr. Leeds also mentioned that the city attorney had review the file and determinies that Mr. Posner owns the property. However, the city attorney had also acknowledged that because there is an ongoing lawsuit, circumstances might or might not change. • Susan Trevarthan confirmed that the file showed no interference with Mr. Posner's ownership. She also indicated that there maybe some outstanding issues that had not brought to their attention. John Etling reminded the audiences that the Board is an advisory body and could not resolve any ongoing litigation; it is the decision of the commissioners as to whether to move forward or not. Dr. Fetscher asked Mr. Posner the consequences of waiting until September meeting. Mr. Posner stated that it would cause hardship and effect his approvals from other agencies. He is already behind time (one year)from starting his project. Mr. Leeds reminded the Board that the commissioners already approved the site plan of the townhouse and it's only the boat slip site plan approval is pending. Lisa Young commented that the Board's recommendation should not hold up process and the boat slip site plan should go forward to the next commission meeting. Ms. Trevarthan advised the Board that the litigation could be resolved in a relative short period of time depending on the progress. Mike Nolan clarified if the commission has approved site plan for the town homes, except the boat slip site plan. Mr. Leeds confirmed the site plan for the town homes was approved on January 9, 2001; the • commissioners had also approved reduced variance request to allow screen enclosures subject to conditions that the developer install additional catch basin and also to replace shadowbox P P Planning and Zoning Advisory Board 3 MINUTES June 19, 2002 • 0 fence with 6-foot concrete wall with stucco. The site plan for boat slip was not approved and still pending. Mike Nolan inquired the status of the ongoing site plan construction whether it would hold up the whole project if it were to delay till the next September meeting. Mr. Posner stated that deferment of this item could hold up on closing of his property. He also mentioned to the Board that he had all proofs of ownership and is in compliance with the city's request. However, Ms. Gottlieb could not disproof it, he urged for this item to move forward to the next commission meeting. Mike Nolan stressed that he understood Mr. Posner's predicament but felt that the Board did not have enough information to make sound recommendation to the Commissioners. Discussion regarding whether this item should be table for further consideration at next meeting between Board members, and Assistant City Attorney Susan Trevarthan. George Minski referenced from the last meeting that this item was already tabled to determine ownership of boat basin. Furthermore, Mr. Posner had already given all proofs of ownership and there's no reason to table again; today's meeting should determine the decision for denial or move forward to the next commission meeting. Mike Nolan reminded the audience that the Board could only give advice and could not make decision based on legal proof. Because these litigation were undeniable that were clearly spelled out proven were being challenge by someone else which has to be decided by the court. Hearing and seeing no one, John Etling closed the public hearing, bringing the item back to the Board for further discussion. Motion made by Mike Nolan to recommend deferment based on information here tonight and the City Attorney's advice for the commissioners to make their decision based on their judgments, motion died due to lack of second. Motion made by Mike Nolan to recommend deny, motion died due to lack of second. Motion made by Lisa Young to recommend approval on the site plan for boat slip subject to the condition on the resolution of the ownership issue prior to issuance of building permit and to include in the site plan condition that owner and tenants occupants could not sub lease of boat slip to third party, seconded by Paul Fetscher. Motion passed on the following roll call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 3) VA-26-02 - Variance request by Salvatore and Angela Mancino, for property located at 4532 SW 34t'Terrace, Dania Beach. The request is for: Variance to allow a concrete ramp and handrail (to permit handicap access) immediately adjacent t to a side yard lot line (7 foot setback required). Planning and Zoning Advisory Board 4 MINUTES June 19, 2002 Laurence Leeds gave a summation to the Board regarding the proposed construction of a concrete ramp and handrail immediately adjacent to a side yard lot line (7 foot setback required). • Mr. Leeds briefly described the item and explained that the installation of concrete ram and handrail would require extending to the property line. Staff sees no unreasonable impact and because the situation has true hardship, staff is supporting the variance. Michael Morrison of Morrison Builders, representing Mr. and Mrs. Sal Mancino addressed the Board. He explained that both Mr. and Mrs. Mancino are both wheel chair bound and required handicapped access. The current ramp does not complied with the American with Disabilities Act. According to the ADA, the slope requirements should be no more than one (1) inch per foot. He requested for a variance to make the ramp a little longer so that it would not be as steep and to widen the narrow ramp one foot wider than what it is. He also showed a letter from Mr. Mancino's neighbor stating no objection to their request. Chairman John Etling opened the item for public comment. Hearing and seeing no one, John Etling closed the public hearing, bringing the item back to the Board for further discussion. Motion made by Paul Fetscher to recommend approval for variance request, seconded by Lisa Young. Motion passed on the following roll call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 4) VA-24-02 - Variance request by Steven and Melanie Redler, for property located at 450 SE 7t' Street#206. The request is from: Chapter 28, Zoning, Schedule of Lot, Yard, and Bulk Requirements, to allow an accessory shed within one foot of a street lot (25 feet required). The shed is located to the rear of Unit 206 and adjacent to SE 7t'Avenue. Laurence Leeds gave a summation to the Board regarding the proposed construction of an accessory shed at rear of unit 206 and adjacent to SE 7t�'Avenue. Mr. Leeds briefly described the item and explained that Mr. Redler was cited for building a shed without a permit. However, most of the Town homes have sheds that were very old which were built without permit too, several years ago. Because some trees were removed recently, Mr. Redler's shed and other sheds are now clearly visible. Mr. Leeds expressed that Mr. Redler should not be penalized for building a shed without a permit but to support the variance. Mr. Steven Redler addressed the Board requesting for approval of his variance. He informed them that his Town Homes Association had granted him approval as well as a no objection petition from some of his neighbors. Mr. Leeds also added that Mr. Jack Chapman, president of the Town Homes Association has provided a letter of approval for the variance. Planning and Zoning Advisory Board 5 MINUTES June 19, 2002 • • Paul Fetscher questioned if the shed was sunk into the concrete and complied with the building code. . Mr. Redler responded that the shed is supported by wires and would be comply with the building code. Chairman John Etling opened the item for public comment. Mr. Jack Chapman, president of Town House East Association spoke in favor of Mr. Redler's request. He explained when the new trees were replaced; it would help block the view of the sheds. He expressed that Mr. Redler's request should not be denied when most of his neighbors also had shed built several years ago without permit too. John Etling commented that the new trees are blooming well and help in screening the sheds at the back of the Townhomes. Dorothy Russell of 450 SE 7t' St #270, spoke in favor of Mr. Redler's request. She,mentioned that after the trees were removed by the Association upon requests from the city, Mr. Redler's property became clearly visible to the neighbors across the street that made the complaint about the trees being gone. Mike Nolan asked if all the other existing sheds would be replaced eventually. John Etling replied that this variance approval applied only to Mr. Redler's request subject to building code requirement. Hearing and seeing no one, John Etling closed the public hearing, bringing the item back to the Board for further discussion. Motion made by Paul Fetscher to recommend approval for variance request ';subject to compliance with building code, seconded by Lisa Young. Motion passed on the following roll call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 5) SP-17-02 - Site Plan and Variance request by Farah Salehi, representing Belle Commerce, Inc. for property located at the southwest corner of SE 23`d Terrace and State Road 84. The request is from section 27.60 (rear yard setback) and section 29.10 (minimum pervious area) of the zoning code in order to construct a 15,000 square foot office/warehouse building: a) Variance to allow an 8 foot rear yard setback (10 feet required). b) Variance to allow 25% pervious area (30% pervious required). Laurence Leeds gave a summation to the Board regarding the proposed construction of a 15,000 square foot office/distribution building in an IROM zoning district; and to allow 8 foot rear yard setback and 25% pervious area. Mr. Leeds briefly described the item and explained that with the exception of the rear yard setback and pervious area, the site plan was complied with all zoning code requirements Planning and Zoning Advisory Board 6 MINUTES June 19, 2002 • 0 (including street and side yard setbacks, parking and facade treatment). This property was annexed to City of Dania Beach from Broward County in 1990 and the city 'had spent considerable of time creating the zoning district. Mr. Leeds also mentioned that the variance request is a small reduction of they rear yard setback (8 feet), which is for architecture feature. Staff recommended approval for site plan and variance subject to submitting a copy of a tree survey. The landscape consultant Would then review and to make recommendations prior to the next Commission meeting. Iraj Shojaie, Architect for Belle Commerce addressed the Board. He confirmed that the trees to be removed were black olives. The Palm trees at the front of the building would stay. Chairman John Etling opened the item for public comment. Iraj Shojaie verified his conversation on the phone with Larry Leeds in reference to reduced front setback. Mr. Leeds confirmed that variance request is not required as it was only a small reduction in the front setback and he supported it. Motion made by Lisa Young to recommend approval for variance request subject to applicant providing tree survey and landscape plan approval by city landscape consultant and to support the reduced front yard setback, seconded by Mike Nolan. Hearing and seeing no one, John Etling closed the public hearing. Motion passed on the following roll call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes John Etling reminded the Board regarding the next meeting date. Larry would check of any important item pending, otherwise the July meeting will be cancelled. Motion passed unanimously. Adjournment 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 SHERYL CHAPMAN, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924- 3630, AT LEAST 72 HOURS PRIOR TO MEETING. Planning and Zoning Advisory Board 7 MINUTES June 19, 2002