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HomeMy WebLinkAbout1989-10-03 Planning and Zoning Board Agenda AGENDA CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 3, 1989 7:30 PM ROLL CALL Present - Chairman Albert Jones Vice Chairman Kathy Kelly Board Members Clifford Iacino Joseph Lamarr Irving Spindel City Attorney Frank Adler Dir. of Growth Management Laurence Leeds Secretary Eula M. Gardner APPROVAL OF MINUTES A motion was made by Irving Spindel , seconded by Kathy Kelly not to approve the minutes of the Planning and Zoning Board of September 1989, in view of the fact that they were not presented to this meeting. The motion was passed unanimously. RECOMMENDATIONS: Motion for the continuance of VA-54-89 and VA-55-89 was made ' by Kathy Kelly seconded by Irving Spindel The motion was passed unanimously. The Board requested that RZ-64-89, LUF-70-89 and RZ-68-89 be dealt with at this time and the City Attorney was asked to read them. RZ-64-89 A rezoning request from RS-6000 (Duplex) to C-4 (Warehouse Commercial) for 0 . 11 acres . Petitioner - Attorney Leonard Stolar; Owner - Gunraz Latchman; property located on the Southwest corner of Phippen Road. Legally described as Lot 10 in Block 1 , "College Tract" , as recorded in Plat Book 19 at Page 9-of the Public Records of Broward County, Florida. Mr . Leonard Stolar, attorney representing owner Mr. Latchman, stepped forward to explain the request. The Chairman opened the hearing to the public. Strong opposition to the rezoning was voiced by Anita Williams and Estella Williams , residents in the area which they stated was already overburdened by warehouses . A motion to deny the rezoning was made by Irving Spindel , seconded by Joseph Lamarr, and passed on the following roll call vote: Clifford Iacino - yes Irving Spindel - yes Joseph Lamarr - yes V. Chairman Kathy Kelly - no Chairman, Albert Jones - yes 1 Regular Planning & Zoning Board Meeting October 3 , 1989 LUF-70-89 A land use flex change to allow 0. 11 acres of commercial flex acreage. Petitioner - Attorney Leonard Stolar; Owner - Gunraz Latchman; property located on the Southwest corner of Phippen Road. Legally described as Lot 10 in Block 1 , "College Tract" , ' as recorded in Plat Book 19 at Page 9 of the Public ' Records of Broward County, Florida . City Attorney, Mr. Adler, explained that this land use :, flex change was directly related to the rezoning motion ' that was previously discussed and in denying that change ' this request was automatically denied . The motion which automatically denied the flex change was made by Irving Spindel , seconded by Joseph Lamarr and passed on the following roll call : Clifford Iacino - yes Irving Spindel - yes Joseph Lamarr - yes V. Chairman Kathy Kelly - no Chairman, Albert Jones - yes RZ-68-89 A rezoning request from IR (Industrial Restricted) and C-2 (Commercial) to C-4 (Warehouse Commercial) . Petitioner - Attorney Leonard Stolar; Owner - Frank ' Hill ; property located at Stirling Road and Phippen Road . Legally described as Lots 1 through 4 both inclusive of Block 4, together with Lots 1 through 8 and Lots 11 through 16 both inclusive of Block 5, "Victory Heights as recorded in Plat Book 21 , Page 2, of the Public ' Records of Broward County, Florida, less that portion for Stirling Road right-of-way. Said lands containing 0 .9599 acres , (41 ,813 sq. ft. ) more or less . Mr. Leonard Stolar representing petitioner Frank Hill , explained the reason for the request. The Chairman opened the public hearing. Area residents Anita Williams, Estella Williams and Ernest Reynolds , protested, but after some discussion a motion to approve the change was made by Kathy Kelly, seconded by Irving Spindel and passed on the following roll call vote: Clifford Iacino - yes Irving Spindel - yes Joseph Lamarr - yes V. Chairman Kathy Kelly - yes Chairman, Albert Jones - no VA-46-89 A variance request to construct a canvas carport within 3' of a front lot line (25' required) . Petitioner - Jerry's Custom Canvas ; Owner - Grace McDonald; property located at 301 SE 3rd Terrace. Legally described as all of Lot 20 of Block 2 of "Ocean View Addition" according to the Plat thereof as recorded in Plat Book 37, Page of the Public Records of Broward County. Petitioner Grace McDonald explained the request. The question was raised as to the 25' requirement of the front lot line and Mr. Leeds stated that under the zoning code the carport was considered to be the same type structure as a C.B.S. building. The Chairman opened the public hearing. After some discussion, a motion to deny the variance was made by Clifford Iacino, seconded by Kathy Kelly and passed unanimously. 2 Regular Planning & Zoning board Meeting uctober 3 , 1989 The petitioner was advised to appear before the City Commission at its next meeting on October 24th. ZT-72-89 A zoning text change to create an ACLF-1 Zoning District. Petitioner/Owner - Hampton Daise; property located 110 NW 14th Ave. Legally described as Lot 13, Block 5, "West Moorland according to plat thereof recorded in Plat Book 19, page ' 8, of the public records of Broward County, Florida. Petitioner Kimberly Daise explained that her request for a small scale ACLF had been approved by the City Commission on July 13 on the provision that she appear before the Planning and Zoning Board to request both, zoning text and rezoning changes . Mr. Leeds explained that in response to the City Commission's recommendation, the Petitioner had drafted an ordinance text change which would create a special zoning for the ACLF but which would still be subject to the basic requirements of the ordinance covering a duplex. The special zoning would require that no other ACLF be established within 500 feet of an existing home, and allow for up to 12 residents plus staff. After some discussion the Chairman opened the public hearing. No one spoke in favor or opposition to, and the Chairman closed the hearing. A motion to change the zoning text was made by Kathy ', Kelly, seconded by Irving Spindel and the motion passed '' unanimously. RZ-61-89 A rezoning request from R-2 (Duplex) to ACLF-1 (Minimum 12 resident A.C.L.F. ) for 0 . 14 acres . Petitioner/Owner - Hampton Daise; property located 110 NW 14th Ave. Legally described as Lot 13, Block 5, "West Moorland" , according to plat thereof recorded in Plat Book 19, page 8, of the public records of Broward County, Florida. Mr. Adler explained that this request was a part of the zoning text change already addressed. Petitioner Kimberly Daise explained the request . The Chairman opened up the public hearing and when no one spoke for or against the request, the Chairman closed the hearing. A motion to approve the rezoning change was made by Clifford Iacino, seconded by Irving Spindel . The motion passed unanimously. PL-63-89 A preliminary plat request for the Mizell Gardens Plat . Petitioner - Robert P. Legg; Owner - City of Dania Housing Authority; property located NW corner of West Dania Beach Boulevard. Legally as that portion of the South 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 50 South, Range 42 East, lying West of Northwest 7th Avenue (formerly Milwaukee Avenue) as same is shown on the plat of "The Town of Modelo" recorded in Plat Book "B" , Page 49 of the Dade County Public Records . . . . . 3 Regular Planning & Loning Board Meeting October 3 , 1989 Mr. Robert Legg Jr. stepped forward to explain his request. The Chairman opened up the public hearing. No one spoke for or against the request, the Chairman closed the hearing. Mr. Leeds stated that there was no objection to granting this request provided it met with the approved requirements of the Broward County Traffic way plan. A motion to approve the preliminary plat request was made by Clifford Iacino, seconded by seconded by Irving Spindel and passed unanimously. VA-65-89 A variance request to provide 9 parking spaces for a mini warehouse storage facility (63 spaces required) . Petitioner - Attorney A. J. Ryan, Jr. ; Owner - Thomas B. Branham; property located at Stirling Road and SW 4th Avenue. Legally described as a portion of Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 34, Township 50 South, Range 42 East , Broward County, Florida. . . . . . Attorney A. J. Ryan representing the Petitioner, explained the reason for the request . After some discussion, the Chairman opened up the meeting to the public. Anita Williams , resident in the area, spoke against the warehouse being established on a site that borders homes and apartment buildings . The Chairman closed the public hearing when no-one else came forward. A motion to approve the variance was made by Irving Spindel , seconded by Kathy Kelly. The motion passed unanimously. SP-73-89 A site plan request for a mini-warehouse subject to satisfactory resolution of SW 4th Avenue Trafficway issue. Petitioner - Attorney A. J. Ryan, Jr. ; Owner - Thomas B. Branham; property located at Stirling Road and SW 4th Avenue. Legally described as a portion of Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 34, Township 50 South, Range 42 East, Broward County, Florida. . . . . . Mr . Ryan asked that this item be continued. The motion to continue the site plan request was made by Kathy Kelly, seconded by Joseph Lamarr and passed unanimously. VA-66-89 A variance to construct a swimming pool , shed, and a C.B.S. wall in accordance with the following variances and subject to compliance with drainage requirements : I . Swimming Pool (a) 5' front yard setback (25' required) (b) 2.5' rear yard setback (5' required) II . Shed (a) 1 ' interior side yard setback (7' required) . (b) 4' rear yard setback (15' required) . 4 xegular Planning & Zoning Board Meeting October 3 , 1989 III . Wall (a) Variance to construct 6' wall in front yard (4' maximum permitted) in lieu of existing 6' fence. Petitioner/Owner - Michael Burgio; property located at 238 SE 4th Street. Legally described as Lot 10 "Sessa Estates No. 2 according to the Plat thereof as recorded in Plat Book 66, Page 32 of the Public Records of Broward County, '' Florida. Petitioner Michael Burgio stated •the reasons for the request. Item I . - Swimming Pool . After a lengthy discussion the Chairman opened the public hearing. Peggy Breeschoten supported the petitioner's request. There being no other speakers , the Chairman closed the hearing. A motion to deny construction of the swimming pool was made by Joseph Lamarr, seconded by Irving Spindel and passed unanimously. Item II . - Shed A motion to deny the construction of a shed was made by Irving Spindel , seconded by Joseph Lamarr and passed unanimously. Item III . - Wall A motion to deny construction of a wall was made by Irving Spindel , seconded by Joseph Lamarr and passed unanimously. SP-67-89 A revised site plan request to maintain vehicular access barrier between Phase IV and Phase V of Meadowbrook Lakes Condominium. Petitioner - Attorney Jerald C. Cantor; Owner - Meadowbrook Lakes View Condominium Assoc. , Inc. ; property located at 135 SE 3rd Avenue. Joseph Lamarr stated that as President of the Meadowbrook Condominium Association, he is asking permission to withdraw from the proceedings as a Board member and to participate as the Condo President. Permission granted. Jerald Cantor, Attorney for Meadowbrook Lakes Phase IV, corrected the agenda by substituting the word "restrict" for the word "maintain" and "Phase VI" instead of "Phase V" , and proceeded to explain the reason for the request . The Chairman opened the public hearing and asked that comments be limited to one minute. Fred Johnson of Phase IV spoke for barrier. John Byer of Phase IV spoke for barrier . Tony Schiavone of Phase I Bldg VI spoke against thee barriers . The Chairman closed the public hearing. 5 Regular Planning Zoning Board Meeting October 3 , 1989 A motion to amend the site plan to restrict private and commercial vehicular access between Phase IV and Phase VI , and for the residents of these two Phases with the approval of the Fire Chief , to submit a plan for an acceptable barrier that would allow emergency access to any type of rescue vehicle, was made by Clifford Iacino, seconded by Kathy Kelly. The motion passed unanimously. (Note: Mr. Lamarr did not vote) . VA-69-89 A variance request to allow cross parking during hours ' that do not overlap, not to exceed 10 parking spaces . ' Petitioner - Marcia Beach of Holland & Knight; Owner La Quinta Motor Inns , Inc. Legally described that part of the South 669 feet of Tract 13, Block 3 of the subdivision of Section 28, Township 50 South, Range 42 East, lying West of the seaboard airline railroad, according to the plat thatof , as recorded in Plat Book 2, page 32 of the public records of Dade County, Florida, less the West 30 feet thereof and the South 34 feet thereof. . . . . . . Marcia Beach, attorney with Holland and Knight, representing La Quinta Motor Inns , explained the variance request. Mr. Leeds clarified to the Board that in essence the variance would allow Westrack to usee 10 parking spaces during the day when the hotel was not busy, and that in the evening the hotel would use the spaces . After some discussion the Chairman opened the public hearing. No one spoke for or against and the Chairman closed the hearing. A motion to approve the variance request was made by Kathy Kelly, seconded by Irving Spindel and was passed unanimously. SP-71-89 A site plan request to construct a shopping center. Petitioner - Richard Ferayorini ; Owner - Barnett Bank of South Florida ; property located at 1301 South Fed. Hwy. Legally described as Lots 6 through 8, together with Lots 18 through 23, Block 3, "Dixie Way" , as recorded in Plat Book 12, at Page 4, as recorded in the Public Records of Broward County, Florida Mr. Richard Ferayorini , Petitioner, explained the request for the site plan. After some discussion the Chairman opened the public hearing. When no one spoke for or against it the Chairman closed the hearing. Mr. Leeds pointed out that if the Board was considering approval of the plan, that approval should be subject to the rezoning of the land which is scheduled to be heard at the meeting of October 10th. A motion to approve the site plan subject to the rezoning being approved, was made by Clifford Iacino, seconded by Kathy Kelly and passed unanimously. Mr. Leeds advised the Board that he would not be able to attend the next meeting on Tuesday, November 7th and it was so noted by the Board. The meeting adjourned. 6 Regular Planning & Zdning Board Meeting October 3 , 1989