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Home My WebLink About1999-10-20 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD WEDNESDAY October 20, 1999 7:30 P.M. 1. Roll Call - Present: Staff: Bob Adams Terry Virta, AICP-Growth Management Director Jason Dubow Thomas Ansbro-City Attorney Dr. Paul Fetscher Board Clerk- Lou Ann Cunningham Victor Lohmann Richard Seay 2. Approval of Agenda - Chairman Lohmann called anyone being represented by legal counsel or by a paid consultants to come forward. Motion passed unanimously to move item 6, SA-75-99 to the first item. ADMINISTRATIVE BUSINESS 3. Minutes - Motion to approve minutes as presented of the September 15, 1999 regular meeting made by Bob Adams, seconded by Jason Dubow. Motion passed unanimously. NEW BUSINESS 6. SA-75-99 - SIGN ADJUSTMENT REQUEST BY ROGER M. POMERANCE, PA, ATTORNEY AND REPRESENTATAIVE FOR CHEVRON USA FOR PROPERTY LOCATED AT 345 NORTH FEDERAL HWY.. THE PETITIONER IS REQUESTING THAT THE FOLLOWING EXISTING SIGNAGE BE ALLOWED TO REMAIN - EXISTING MONUMENT SIGN STANDING 812" WITH AN AREA OF 48.48 SQ. FT., WHICH EXCEEDS CODE CHAPTER 28, SECTION 27.160, 2(a)(iii) AND 27.170(1); AND EXISTING CANOPY SIGNS WHICH ARE CURRENTLY PROHIBITED BY CHAPTER 28, SECTION 27.170(2). The chairman asked all persons wishing to be heard tonight to stand, and to be sworn in by the clerk collectively. Leigh Kerr, Planning Consultant described for the board the sign adjustment request by Chevron. Mr. Kerr explained that the property is located in the Downtown Redevelopment District and is subject to the sign regulations in Section 27.160 and also for service stations contained in Section 27.170. Mr. Kerr concluded his summation by recommending denial due the excess in total square footage of the monument sign and that canopy signs are prohibited. Board discussion on past litigation with the Code Board. Planning and Zoning Board 1 October 20, 1999 MINUTES J Roger Pomerance, Attorney and applicant for Chevron addressed the board giving the history of the signage and the meeting with the Code Board. Attorney Pomerance complimented staff on their report and the correct analysis of the Code. Quoted from the Code Section 17-19 Gasoline Pricing, "requires a gas station to have prominently placed and easily read from passing motor vehicle sign showing the price of gasoline." Further quoted the section of the Sign Code on monument signs and gasoline stations. Stated that there is a conflict in the sign code in regards to Gas Stations Section 27.170 and Downtown Redevelopment District regulations Section 27.160. Stated that in 1994 the signs were put up with a permit and at that time the signs were legal. Board member Adams questioned the effective date of the conflicting ordinances. Attorney Pomerance stated that they are both in the new sign ordinance. Terry Virta, Growth Management Director clarified the conflicting ordinances. Attorney Ansbro explained the difference between a variance and sign adjustment. Chairman Lohmann opened the item for public comment. Hearing no one and seeing no one the chairman closed the public hearing. Board member Dubow asked if they could recommend approval of a sign that is prohibited. Attorney Ansbro answered that a prohibited sign is not susceptible to an adjustment. The canopy sign would need a variance. Attorney Pomerance displayed pictures of the existing signs and described the sizes of each. Board discussion on the Mobil station and their compliance. Bob Adams made a motion to deny SA-75-99. Board discussion prior to a second Jason Dubow stated that they do not have the authority to recommend approval of a prohibited sign. Recommending approval of canopy colors only and no canopy sign. Paul Fetscher would like to divide the issue in two. The first being the canopy sign, the second being the monument sign. Bob Adams withdrew his motion. Motion made by Jason Dubow, seconded by Bob Adams to deny SA-75-99 part 1 canopy sign. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes Motion made by Bob Adams to deny SA-75-99 part 2 monument sign. Chairman Lohmann recommend a limited sign adjustment that has a lifetime comparable to the sign recognizing the pricing as a large part of the sign. Upon passing the gavel, motion seconded by Victor Lohmann. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - no Richard Seay - yes Dr. Paul Fetscher - no Planning and Zoning Board 2 October 20, 1999 MINUTES 4. SP-70-99 - SITE PLAN REQUEST BY MICHAEL MORRISON / MORRISON BUILDERS FOR APPROVAL OF A 120' X 50' LUMBER STORAGE BUILDING AT 2765 SW 36T" STREET (COLLINS RD.)ALSO KNOWN AS THE"CLEM PLAT." Leigh Kerr, Planning Consultant addressed the board giving a summation of the proposed site plan. Mr. Kerr concluded his summation recommending approval subject to the conditions listed below: 1. That the note on the plat be amended and approved by the Dania Beach City Commission and the Broward County Commission to allow warehouse use. 2. Expand the aisle opening for the parking area to twenty-four (24) feet. 3. Verify terminal island at ten (10) feet per Code. 4. A perimeter hedge is required. 5. Document the location of the required handicap space. 6. Verify compliance of existing dumpster enclosure with City Code. 7. The perimeter trees along the north property limits/site plan limits, are located off site. Either extend the limit of the project line north to include the subject trees, or relocate them within the limits of the project. Michael Morrison, the petitioner addressed the board explaining the use for the proposed building. Mr. Morrison stated the plat is subject to interpretation and feels that he should not be restricted in constructing a storage building. Further stated that he has occurred more expense than expected and asked the board for help. Mr. Morrison has no problem with complying with the listed conditions. Board discussion on the plat note, impact fees and only the county can make these decisions. Chairman Lohmann opened the item for public comment. Hearing no one and seeing no one the chairman closed the public hearing. Motion made by Bob Adams, seconded by Richard Seay to approve SP-70-99 subject to the recommendations by staff. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes 5. VA-71-99 -VARIANCE REQUEST BY STEVEN REESE, REPRESENTING OCEAN WATERWAY MOBILE HOME PARK / CO-OP INC. FOR THE PROPOSED CONSTRUCTION OF A NEW GENERAL MEETING FACILITY AT 157 & 158 INAGUA STREET. THE PETITIONER WOULD LIKE TO REQUEST A VARIANCE FROM SECTION 39-217, BROWARD COUNTY, ZONING OFF STREET PARKING REQUIREMENTS; AND SECTION 39-659, SEPARATION, BROWARD COUNTY ZONING CODE. SP-72-99 - SITE PLAN REQUEST BY STEVEN REESE, REPRESENTING OCEAN WATERWAY MOBILE HOME PARK / CO-OP INC. FOR THE PROPOSED CONSTRUCTION OF A NEW GENERAL MEETING FACILITY AT 157 & 158 INAGUA STREET. Planning and Zoning Board 3 October 20, 1999 MINUTES i 9 Leigh Kerr, Planning Consultant addressed the board explaining the proposed variances. Mr. Kerr concluded his summation by recommending approval subject to the compliance with the approved site plan and associated conditions. Board Members Adams stated that he would rather see the greenspace. Board discussion on the impact of the reduced number of spaces. Steven Reese spoke on behalf of the applicant stating that 99% of the residents will be walking to the clubhouse or riding 3 wheel bicycles. Mr. Reese has addressed all of the items listed in the staff report. Stated that they already have a dumpster they use for their office. Board and Mr. Reese discussed reducing the number of parking spaces even more to allow for more greenspace. Chairman Lohmann opened the item for public comment. Hearing no one and seeing no one the chairman closed the public hearing. Motion made by Bob Adams, seconded by Jason Dubow to approve VA-71-99 part A setback variance. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes Motion made by Bob Adams, seconded by Jason Dubow to approve VA-71-99 part B parking variance with the condition that the use of the clubhouse will be for residents only. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes Motion made by Bob Adams, seconded by Richard Seay to approve VA-72-99 subject to the conditions listed by staff are met and the location of the dumpster on the site plan is approved by staff. Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes Motion passed unanimously to continue items 7 & 8, VA-76-99 and VA-77-99. Adjournment. 7. VA-76-99 -VARIANCE REQUEST BY PASCAL RICHER, 255 S DIXIE HWY. FROM CHAPTER 28, ZONING, ARTICLE 5.36 WALLS, FENCES AND HEDGES. MR. RICHER WOULD LIKE A VARIANCE TO ALLOW HIS FENCE TO BE AT A HEIGHT OF 6 FEET ON HIS CORNER LOT. 8. VA-77-99 -VARIANCE REQUEST BY ROMAN E. GZYL, 4611 SW 34 AVE. FROM CHAPTER 28, ZONING, ARTICLE 4.20, SCHEDULE OF LOT, YARD AND BULK REGULATIONS FOR RELIEF FROM 20' OF FRONT YARD SETBACKS IN CONJUNCTION WITH THE PLACEMENT OF A CANVAS CAR COVER. Planning and Zoning Board 4 October 20, 1999 MINUTES