HomeMy WebLinkAbout1988-12-06 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
REGULAR MEETING
DECEMBER 6, 1988
7:30 P.M.
ROLL CALL
Present -
Chairman Sam Calandra
Vice Chairman Gloria Daly
Board Members Anita Serpe
David Nuby
Irving Spindel
Attorney Tim Ryan
Director of Growth Management Laurence Leeds
APPROVAL OF MINUTES
The Minutes of the last meeting was not available. The Vice Chairman
Gloria Daly expressed her dissatisfaction and stated that a similar
incident had occurred last month. Gloria Daly made a motion seconded
by Irving Spindel for "approval of minutes be deferred until they are
obtained" . Mr. Leeds was instructed to bring this matter to the
attention of the City Manager.
RECOMMENDATIONS:
Recommendations made for SP-91-88, SP-92-88, SP-93-88, and SP-94-88
will be submitted for the City Commission of December 13, 1988.
Recommendations made for all other items will be submitted for the
City Commission Meeting of January 10 , 1988.
VA-87-88 A variance request to construct a new single family
home on a 4500 sq. ft. lot (6000 sq. ft. required) .
Petitioner - Broward County Community Development ;
Owner - Brenda Miller; property located at 1001 SW 12
Avenue.
Legally described at Lot 3, Block 1 of "COLLEGE TRACT"
according to the plat thereof as recorded in Plat Book 19
at Page 9, of the public records of Broward County,
Florida .
Mr. Fred Bono, Area Housing Authority Inspector for the
Broward County Community Development stated that he was
appearing on behalf of Brenda Miller who is the recipient
of a benefit payment through the Broward County Housing
Redevelopment Program which uses HUD dollars to knock
down old structures and replace them with new homes of
approximately 6, 000 sq . ft. Brenda Miller's property is
only 4,500 sq. ft. hence the variety request.
Mr. Leeds commented that without variance approval , the
Petitioner could not build on the lot, and it was
necessary for single family homes to be built in the
area . All other set-back requirements have been met.
The Chairman opened the public hearing. Hearing no one
speak in favor or opposition, the Chairman closed the
hearing.
A motion was made by Irving Spindel , seconded by Anita
Serpe to approve the variance request, and the motion was
passed on the following roll call vote:
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Regular Planning & Zoning Board Meeting December 6 , 1988
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Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-yes Anita Serpe-yes
Chairman Sam Calandra-yes
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission
Meeting.
5E-89-88 A special exception for a pump manufacturing facility
in an IR ( Industrial Restricted) zoning district .
Petitioner - Roger Freeman; Owner - Marie & Caesar
Favarato; property located at 909 Phippen Road.
Legally described as Lots , 1 , 2, 3, 4, 5, 6 and Parcel
"A" of Block 4, of "COLLEGE TRACT, FIRST ADDITION" ,
according to the plat thereof as recorded in Plat Book
22 , Page 10 , of the public records of Broward County,
Florida.
Roger Freeman stated that his business is pump
manufacturing, sales and service, and which he is
currently looking to expand and assured the Board that
his business does not violate the requirements as there
are no fumes , odor or noise.
Mr. Leeds advised the Board that approval of this special
exception should be subject to Mr. Freeman's letter dated
October 31 , 1988 ( include in motion) with the following
conditions :
( 1 ) - Hours of operation to be 7: 00 AM to 6 :00 PM
(2) - Noise, fumes and odor as reference in the above
letter.
(3) - That Mr. Freeman, in the absence of any sewer
service to the site, will be required to tie into
the sewer and pay any acreage or unit charges prior
to permit approval .
(4) - That Mr. Freeman complies with any Fire Department
requirements relative to the site.
The Chairman opened the public hearing.
Mr. Tim Ryan stated that this situation is unique, in
that although similar to IG zoning, this IR zoning
requires the application be submitted to the Board, e.g. :
this business is light manufacturing, yet there is a boat
assembly plant in the area .
Mr. Bob Mikes , President , Dania Civic Association,
expressed concern that with engines being tested , it
could eventually phase into heavy manufacturing with sand
blasting, spraying, painting, etc. , and suggested that
the engine be isolated to a certain spot in the building
away from the other residential impacts .
Marie Favarato, one of the owners of the property stated
that there is a high wall surrounding the property which
would absorb the noise and fumes ( if any) ; that the
property abuts railway tracks and in the past had been
zoned industrial . When it was changed she had protested
but had been told the zoning could be changed by special
exception. Mrs . Favarato further stated that there are
other manufacturing businesses in the area , no
residential buildings , just empty lots , the cemetery and
the railway around.
Irving Spindel voiced his doubts as to approving the
request as he did not think the Board had sufficient data
on the business to make a sound judgement .
Regular Planning & Zoning Board Meeting December 6 , 1988
Mr. Freeman asked the board "not to tie his hands" and
suggested that they allow him to operate for 6 months and
be reviewed after that for complaints and possible
restrictions .
Anita Serpe expressed agreement with Mr . Freeman's
request.
Mr . Leeds suggested that the Board at their discretion
could approve the request without limitations as to noise
and time and see how it works for a year. Water, sewer
tie-in and Fire Department requirements must be complied
with regardless .
A motion was made by Gloria Daly, seconded by Irving
Spindel to approve the special exception subject to the
following conditions :
( 1 ) - Review in one year from Certificate of Occupancy
for noise and fumes evaluation.
(2) Hours f operation to be 7 : 00 AM to 7 :00 PM
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(3) - Compliance with fire and sewer tie-in.
Mr. Spindel clarified to the Petitioner that at the time
of review if all requirements have been met, the only
restriction thereafter would be the hours of operation.
The motion was passed on the following roll call vote:
Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-yes Anita Serpe-yes
Chairman Sam Calandra-yes
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission
Meeting.
VA-90-88 A variance request to construct a carport awning
adjacent to front line (25' setback required) .
Petitioner/Owner - Larry Burckhart; property located at
207 SE 2 Street.
Legally described as Lots 12 and 13, Block 4 of "MASON
SUBDIVISION AMENDED" according to the plat thereof as
recorded in Plat Book 14, Page 19 1/2 of the public
records of Broward County, Florida .
Larry Burckhart stated that his neighbors on either side
have carports so when he bought his new car he had a
carport erected without first checking with the City.
Mr. Leeds explained that the Petitioner had been cited by
Code Enforcement and had been given the opportunity to
come in and apply for a variance.
The Chairman opened the public hearing. Hearing no one
speak in favor or opposition, the Chairman closed the
hearing.
A motion was made by Anita Serpe, seconded by Gloria Daly
to approve the variance and the motion was passed on the
following roll call vote:
Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-yes Anita Serpe-yes
Chairman Sam Calandra-yes
Regular Planning & Zoning Board Meeting December 6 , 1988
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission
Meeting.
SP-91-88 A site plan to expand an existing storage facility.
Petitioner - Frank Hill ; Owner - Charles McElyea;
property located at 1200 Griffin Road.
Legally described as that part of the E 1/2 of the NE 1 . 4
of the SE 1/4 of the NE 1/4 of Section 33, Township 50
South, Range 42 East, Broward County, Florida , lying
South of Griffin Road.
Frank Hill stated that he needed to expand his current
storage facility of used auto parts .
Mr. Leeds explained that Petitioner plans to demolish a
small out-building next to the existing facility and
replace it with an addition which lines up with the
present building.
The Chairman opened the public hearing. Hearing no one
speak in favor or opposition, the Chairman closed the
hearing.
A motion was made by Gloria Daly, seconded by Anita Serpe
to approve the site plan. This motion was passed on the
following roll call vote:
Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-yes Anita Serpe-yes
Chairman Sam Calandra-yes
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission
Meeting.
SP-92-88 A site plan to construct an amusement center/miniature
golf course facility. Petitioner/Owner - The Babcock
Company; property located at 115 North Bryan Road.
Legally described as a parcel of land being a portion of
Section 33, Township 50 South, Range 42 East, said parcel
also being a portion of DANIA OFFICE PARK as recorded in
Plat Book 130 , Page 29 of the public records of Broward
County, Florida. . . . . .
Timothy J . Talbot representing the Babcock Co. , explained
that on November 1 , 1988 the request for a text change to
allow indoor/outdoor commercial use as well as a special
exception had been approved contingent on submission of a
site plan for approval .
Mr. Leeds stated that the plan complied with all parking
and landscaping requirements . However, they now have to
satisfy conditions for water, sewer tie-in and Fire
Department requirements , and to provide an amendment to
their traffic study for Bryan Oaks Business Park , a
condition unique to this zoning.
Petitioner informed the Board that sewer lines had been
brought in along Tiger Tail Road .
The Chairman opened the public hearing. Hearing no one
speak in favor or opposition, the Chairman closed the
hearing.
A motion was made by Irving Spindel , seconded David Nuby
to approve the site plan subject to the conditions as set
out. This motion was passed on the following roll call
vote:
Regular Planning & Zoning Board Meeting December 6 , 1988
Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-yes Anita Serpe-yes
Chairman Sam Calandra-yes
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission
Meeting.
SP-93-88 A site plan to expand an existing amusement center/race
track . Petitioner/Owner - Mitey Mite Race Track , Inc. ;
property located at 1501 NW 1 Street .
Legally described as that part of lot 7 , TIGERTAIL GROVE
RESUBDIVISION, as recorded in Plat Book 30 , Page 20 ,
Broward County, Florida . . . . . .
Tim Talbot representing Mitey Mite Race Track requested
site plan approval to expand existing amusement facility.
Mr . Leeds suggested that approval be subject to the
following conditions :
(1 ) - Site plan be brought up to meet Fire Department 's
code modification to provide emergency access gates
to the race tracks . This could be worked out prior
to building permit approval .
(2) - An existing use requirement for sewer tie-in and
payment of acreage and fee charges .
(3) - Construction of a local industrial road extending
Dania Beach Boulevard to I-95 where it abuts
property. Or applicant could post a bond for half
the cost of the road , and leave the balance for the
property owner to the South to pick-up. Approval
must include this condition to assure the road
construction should the property change hands , and
the site construction of the right-of-way occurs
concurrently with development.
The Chairman opened the public hearing. Hearing no one
speak in favor or opposition, the Chairman closed the
hearing.
A motion was made by Anita Serpe, seconded by Gloria Daly
to approve the site plan subject to the posting of a bond
for half the cost of the road construction. Money will
not be used until the other half is collected . This
motion was passed on the following roll call vote:
Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-yes Anita Serpe-yes
Chairman Sam Calandra-yes
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission
Meeting.
SP-94-88 A site and landscape plan for a warehouse/retail
conversion. Petitioner - Itzhak Dickstein; Owner -
Oyster Ltd. ; property located at 768 East Dania Beach
Boulevard .
Legally described as the East 1/2 of the Northeast 1/4 of
the Southwest 1/4 of the Southwest 1/4 , of Section 35,
Township 50 South, Range 42 East , subject to right-of-way
of Dania Beach Boulevard , said lands situate, lying and
being in Broward County, Florida .
Bob Ishman stated that plans to remodel the Old Oyster
House have been submitted.
Regular Planning & Zoning Board Meeting December 6 , 1988
Mr. Leeds suggested approval be subjected to:
( 1 ) - Meeting Fire Department's requirements .
(2) - Compliance with drainage requirements .
(3) - Modification of site plan to locate many of the
parking spaces now on the outside, to inside the
fenced area.
(4) - Removal of underground gas tanks in rear of
building.
The Chairman opened the public hearing. During the
ensuing discussion, concern was expressed that the
original safety measures for the storage of fire works
were not going to be complied with.
A motion was made by Gloria Daly, seconded by Irving
Spindel , to deny approval of the site plan . The motion
passed on the following roll call vote:
Irving Spindel-yes Vice Chairman Gloria Daly-yes
David Nuby-no Anita Serpe-yes
Chairman Sam Calandra-yes
NEW BUSINESS
Dania Downtown Development (DDD) . Mr. Leeds stated that at the
request of the DDD Committee, he had drafted an ordinance for a new
zoning classification for the commercial/industrial area with the
geographical limits of Stirling Road with South to Old Griffin Road
on the North and FEC Railway on the West to Fronton Boulevard on the
East. Mr. Leeds explained that DDD II is designed for areas that are
zoned C-2 and DDD III for areas zoned C-3. With the new zoning there
will not be any restrictions as to site area , plat area , lot coverage
and set back requirements or for traffic ways . The idea is to
facilitate tax base quality development in the Dania Downtown area.
Mr. Leeds stated that he had recommended the adoption of the
ordinance, but the Committee was interested in hearing the Board 's
comments first.
Gloria Daly commented on landscaping of new construction as it
pertains to present set-back requirements . Mr. Leeds said he would
look into the matter further .
A motion to adjourn was made by Gloria Daly and unanimously agreed
to.
Regular Planning & Zoning Board Meeting December 6 , 1988
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