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HomeMy WebLinkAbout1987-10-06 Planning and Zoning Board Agenda AGENDA CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 6, 1987 7:30 P.N. ROLL CALL A motion was made by Irving Spindel, seconded by Gloria Daly to approve the minutes for the Regular Meeting of Planning and Zoning Board of September 1 , 1987. RECONNENDATION: VC-62-86 A request to vacate alley between SE loth Terrace ',and SE llth Street adjacent to Lots 1 through 8, Block B '',of "HIGHLAND SQUARE SUBDIVISION" (Plat Book 7 , Page , of Public Records of Broward County) . Petitioner - Attorney A.J. Ryan, Jr./ Owner - Baer' s Furniture Company, lInc. Property located at 1025 South Federal Highway. RZ-63-86 A Rezoning request from RD-6000 (Duplex) to C-3 (Commercial) . Petitioner - Attorney A.J. Ryan, Jr./ Owner - Baer' s Furniture Company, Inc. Property located at 17 & 19 SE llth Street. Legally described as Lots 7 & 10, in Block B, of '!HIGHLAND SQUARE" , according to the plat thereof, as recorded in Plat Book 7 , at Page 5, of the Public Records of Browa�d County, Florida; said lands situate, lying and being in Br?oward County, Florida. LUF-64-86 A Land Use Flex change to assign 0. 4 acres, more or less, of commercial flex acreage. Petitioner - Attorney A J. Ryan, Jr./ Owner - Baer' s Furniture Company, Inc. Property located at 17 & 19 SE llth Street. Legally described as Lots 7 & 10,f in Block B, of , "HIGHLAND SQUARE" , according to the plat thereof , as recorded in Plat Book 7, at Page 5, of the Public Records of Broward County, Florida; said lands situate, lying and being in Broward County, Florida. Attorney A.J. Ryan, 700 East Dania Beach Boulevard, was the spokesman for the Baer' s furniture petitions. Mr. Ryan stated that the owners wish to expand the store for the purposes of providing a special display area for Drexel & Heritage furniture. The vacation of the alley would be done to allow the joining of the two building, with the entrance way being through the main store . Mr. Ryan produced a rough drawing of the proposed building ' s location. Mr. Ryan also inquired as to the Vacation request being considered at this meeting. Mr. Calandra explained, on the advise of the City Attorney, that the request can be approved by the board, conditioned upon approval by the City Commission. Mr. Ryan then explained the vacation request. Mr. Calandra asked Mr. Maxwell to comment on the vacation and rezoning requests, with respect to meeting all City requirements. Regular P & Z Board Meeting October 6 , 1987 1 Mr. Maxwell stated that one question of concern is the connections in the rear. He asked the Fire Chief to comment on the situation with the alley. Chief Grammer asked if the vacation would entail closing the alley. Discussion ensued regarding the accessibility to the fire department' s connections in that area. Mr. Ryan stated that they did not need the entire alley. After further discussion regarding the alley Mr. Maxwell concluded his comments. The Chairman opened the public hearing , hearing comments and questions from Robert Rock regarding the vacationprocess, the Chairman closed the public hearing. The requests were then opened to comments from the'' board. Gloria Daly asked Mr. Ryan if his needs would be met with vacating only the South 1/2 of the alley. Mr. Ryan replied that it would, and that the north 1/2 of the alley, would be left opened for fire department vehicle access. Before the call for a vote, Mr. Calandra stated that he would abstain from voting due to personal interest. A motion was made by Gloria Daly to recommend approval vor VC-62-86 noting that it would be only the South 1/2 of the alley and that a fire lane will be installed for fire vehicle access . The motion was then seconded by Irving Spindel. The motion passed of the following roll call vote: Gloria Daly - yes David Nuby - yes Irving Spindel - yes A motion was made by Gloria Daly, seconded by Irving Spindel to recommend approval for RZ-63-87 . The motion passed on the following roll call vote: Gloria Daly - yes David Nuby - yes Irving Spindel - yes A motion was made by Gloria Daly, seconded by Irving Spindel tox recommend approval for LUF-64-87 . The motion passed on the followinig roll call vote: Gloria Daly - yes David Nuby - yes Irving Spindel - yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-42-87 A Variance request to construct a take out restaurant with a 6 ' setback. Petitioner/Owner - A. Mancusi . Property located at the NE Corner of Federal Highway NE 2nd', Street. Legally described as A portion of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 34, Township 50 South, Range 42 East, lying East of Federal Highway (U.S. #1 ) and North of NE 2nd Street. . . . . . . Joseph Mancusi was the representative for the variance request. Mr. Mancusi explained that he and his brother would to build with a 6 ' setback that would conform with the other buildings in the area, which all have a 6 ' setback. Mr. Mancusi presented each member with a preliminary site plan of the proposed building . The Chairman along with Mr. Maxwell asked if the establishment would be eat-in or take-out. Mr. Mancusi replied it would be take-out only. With no comments from Mr. Maxwell , the Chairman opened the public hearing, hearing comments from Mr. Harvey Darcey, the Chairman closed the public hearing. The request was then opened to the board. Gloria Daly asked Mr. Mancusi to explained the word caboose that is written on the site plan. Mr. Mancsui stated that it to show that there will be two real cabosses used. Gloria Daly also wanted to know how Regular P & Z Board McEa:_ng October 6 , 1987 2 these cabooses will be ankered on site. Mr. Maxwell answered, stating that they would have to come in with complete structural drawings from an engineer that meet the South Florida Building Code, to include the foundation. He further added that would they will also have to come back before the board with a site plan to the landscaping and parking, etc. A motion was made by Irving Spindel , seconded by David Nuby to recommend approval for VA-42-87 . The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-43-87 A Variance request to maintain an accessory storage shed adjacent to a side property line (minimum 10 ' Setback required) . Petitioner/Owner - Albert & Karen Balzanti . Property located at 226 SW 11 Street . Legally described as The West 42 feet of Lot 3, Block 21, "NORTH HOLLYWOOD" , according to the Plat thereof as recorded in Plat Book 4, Page 1 of the Public Records of Broward County, Florida. The petitioner/owner, Albert Balzanti was the spokesman for the variance. Mr. Balzanti explained that due to size of the lot and not having enough back yard it necessitated him putting the shed in the front. He also explained to board that he did erect the shed without applying for the necessary permits, and subsequent to that he applied for, and received a permit to erect a 6 ' wood fence , which is now up. Mr. Maxwell was asked to comment on this situation, whereby he stated that once they had found the violation and had Mr. Balzanti apply for a permit, he couldn ' t issue the permit because the shed was erected right on the property line, adding that the setbacks require a 10 ' off the property when it' s not attached to the structure; And he is also 34 ' from the front with the requirement being 25 ' from the front property line. Mr. Maxwell was asked if there is anywhere else around the property that would accommodate the shed. He stated that having gone out to look he felt there might be one spot where it could go, but he would have to further check and measure the area. Mr. Balzanti stated that the possibility of future expansion on the east side of the property was also another reason for putting the shed in the front. The Chairman opened the public hearing, hearing comments from Mr. Isler, of 222 SW llth Street, Ms. Browning of, 230 SW 11 Street against the variance request, the Chairman closed the public hearing. The variance request was then opened to comments from the board. Gloria Daly asked Mr. Maxwell about the other area that the shed might be able to go. After Mr. Maxwell comments, she then asked of Mr. Balzanti if she understood him to say that the shed was erected in the front yard now, to which he replied yes . Mr. Spindel commented that he would like to see that the fence is taken down if the board possesses the power to do so. Mr. Nuby stated that he would like to see if something could be worked out to satisfy the petitioner and his neighbors. Mr. Maxwell stated for clarification that the petitioner had obtained a permit for the fence, and that problem was with the shed being erected without sufficient setback. Regular P & Z Board Meeting October 6, 1987 3 A motion was made by Gloria Daly, seconded by Irving Spindel to recommend denial for VA-43-87 . The motion passed unanimoulsy. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-44-87 A Variance request to construct an Industrial Building with 7 parking spaces ( 11 Parking Spaces required) . Petitioner/ Owner - Jack & Bonneigh Christy. Property located at 205 NW 1st Avenue. Legally described as Lots 6 & 7 Block 2, "TOWN OF' MODELO" , Plat Book B, Page 49 , Broward County, Florida. Mr. Jack Christy was the spokesman for his variance and site plan requests . Mr. Christy stated that proposed use for the warehouse is to store his personal belongings only and not for anything else. Mr. Maxwell stated that his only comment is that the staff has not received a survey for the property and whatever the board' s decision would be contingent upon receipt of the survey. He also asked Mr. Christy if the dumpster would be inside the building, to which he replied it would be. The Chairman opened the public hearing, hearing Harvey Darcey' s comments regarding the dumpster location, and Mr. Maxwell explain how the dumpster will be enclosed and ventilated, and Mr. Darcey' s concern for the use of the building, the Chairman closed the public hearing . Ms. Daly commented regarding her concern for the request to reduce the parking . Stating further that Mr. Christy, owner of the Poinciette Motel doesn' t seem to provide enough parking for his tenants there, because they continuously overflow into her parking lot. Also, that the tenants continue to fill up her dumpster. She added that there doesn' t appear to be a hardship and she was totally against the variance. Mr. Spindel stated that he was in agreement with Gloria Daly' s comments. A motion was made by Gloria Daly, seconded by Irving Spindel to recommend denial for VA-44-87 . The motion passed on the following roll call vote: Gloria Daly - yes David Nuby - no Irving Spindel - yes Sam Calandra - yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. SP-45-87 A Site Plan request to construct an Industrial Building Petitioner/Owner - Jack & Bonneigh Christy. Property located at 205 NW 1st Avenue Legally described as Lots 6 & 7 Block 2, "TOWN OF MODELO" , Plat Book B, Page 49, Broward County, Florida. A motion was made by Gloria Daly, seconded by Irving Spindel to recommend denial of SP-45-87 . The motion passed unanimoulsy. Mr. Christy commented to the board that he felt this board acted prejudicly against him. He stated that he felt Ms. Daly is using prejuidice against him. Mr. Calandra stated to Mr. Christy he was sorry that he felt the way did, however, he felt the board voted based on the information presented to them. Regular P & Z Board Meeting October 6 , 1987 4 fir, T 0 SP-46-87 A Site Plan request for a Commercial Building in a C-4 (Commercial) Zoning District. Petitioner/Owner - GSD Investments, Inc. Property lcoated at 5400 Block of Ravenswood Road. Legally described as the North 1/2 of Lot 2, "PALMEADOAR HALF ACRES NO. 2" , as recorded in Plat Book 23, Page 37, of the Public Records of Broward County, Florida. Mr. Greg DeJohn of GSD, was the spokesman for his ,site plan. Mr. Maxwell stated that the only comment with regard to the site plan is concerning the dumspter enclosure. He added that he wanted to make sure that the enclosure is constructed of block rather than wood, and also that the dumspter is located to the rear, not the front ofi,the building, which would help to curtain the dumpingby adjoining property owners; and secondly it would alleviate the problem with leaving the dumpsters out. Mr. Maxwell also stated that the landscaping is very good on this site. The Chairman opened the public hearing, hearing no one speak in favor or opposition, the Chairman closed the public hearing. The request was opened to the board for comments. Ms. Daly inquired as to whether or not this building will house showrooms. Mr. DeJohn stated that at this point it is still undecided, adding that the tenant is undecided. Adding that the site plan will help to acquire prospective users. Mr. DeJohn further stated that the building would possibly be a showroon in front and office space in the rear. Chairman Calandra also commented that he concurred with Mr. Maxwell ' s assessment regarding the location of the'' dumpster. Stating that many building loose their beauty by having the dumpster in the front. A motion was made by Gloria Daly, seconded by Irving Spindel to recommend approval for SP-46-87 , with the understanding that the dumpster will be located to the rear of the building . The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. RZ-47-87 A Rezoning request from RD-6000 (Duplex) to C-2 (Commercial) . Petitioner/Owner - DCK Enterprises, Inc . Property located at 42, 48 & 54 S.W 16th Street (Sheridan Street) . Legally described as 1-4 and the West 20 ' of Lot 5, Block 43, "NORTH HOLLYWOOD" , according to plat thereof recorded in Plat Book 4, Page 1, of the Public Records of Broward County, Florida, less Sheridan Street right-of-way. LUF-50-87 A Request for Land Use Flex Change (5% Rule) . Petitioner/ Owner - DCK Enterprises, Inc. Property located at 42, 48 & 54 SE 16th Street (Sheridan Street) . Legally described as 1-4 and the West 20 ' of Lot 5, Block 43, "NORTH HOLLYWOOD" , according to plat thereof recorded in Plat Book 4, Page 1 , of the Public Records of Broward County, Florida, less Sheridan Street right-of-way. Douglas Kaplan, of DCK Enterprises , Inc . , was the representative for RZ-47-87 & LUF-50-87. Mr. Kaplan presented to the board a detailed report of the areas past history, and his proposed future plans. Mr. Maxwell asked of the petitioner if he could gibe some idea of what type of use he had in mind for this s�te. Mr. Kaplan stated that there are two possibilities, one being a Regular P &:>jZ Board Meeting October 6 , 1987 5 low level office buidling and/or a low level shopping environment. Mr. Maxwell also read into the records a letter received in opposition to the petitioner' s request. The Chairman opened the public hearing , hearing comments from William Mudd of, 218 SW 16th Street, in favor for the requests; and also hearing comments from Charles Stone 36 SW 16th Street; Mrs. Gay, 25 SW 15th Street, and Robert Rock, 225 SW 15th Street, who questioned the legallity of spot zoning, all speak in opposition of the requests, the Chairman closed the public hearing. Mr. Calandra asked the City Attorney to comment on the spot zoning issue. Mr. Ryan stated that he didn' t know if this particular rezoning request would be spot zoning , and he felt that it might be capable with the zoning in the area along Sheridan Street and its proximity to Federal; Highway; adding that it is an issue that can be disputed in court, he didn' t think it was a blatant attempt at spot zoning. Mr. Calandra asked Mr. Maxwell if he thought it would be better to do a comprehensive study of the area as a hold to spot certain areas that might have out-lived their usefullness, rather than have it continue to deteriorate. Mr. Maxwell stated that it would be better to look at a larger, first by determining where to begin and where to stop. As far as this area is concerned it would work better to look at the entire area to see where its going from there. Ms. Daly commented that she would rather have a RSO zoning rather than a C-2 zoning, which is office buildings. Mr. Spindel asked if the City had any type of ordinance that required the owners to keep their property fixed up. Mr. Maxwell replied that the City does have a number of different ordinances that would have to meet code requirement; however, as far as such things as painting or the structure itself unless it became unsafe, that would be a bit more difficult to enforce. Gloria Daly asked the City Attorney if the board could give the petitioner a RSO zoning rather than the C-2 zoning. Mr. Ryan stated that the board could make a recommendation for approval with more restrictive zoning. He also stated that the board could go to a lower zoning such as C-1 . A motion was made by Gloria Daly to recommend approval for a C-1 zoning for this area. The motion was seconded by Irving Spindel. The motion passed unanimously. A motion was made by Gloria Daly, seconded by David Nuby to recommend approval for LUF-50-87 . The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-48-87 A Variance request to construct a 6 ' fence in the front yard. Petitioner/Owner - Frank Milford. Property located at 214 SW 1st Avenue. Legally described as Lots 3 & 4, Block B "AMENDED PLAT OF PARK HILL" according to the plat thereof, as recorded in Plat Book 1, Page 163 , of the Public Records of Dade County, Florida; lying and being in the City of Dania, Broward County, Florida. Mrs. Rose Marshall , 4222 Inverray Boulevard, Fort '' Lauderdale. Mrs . Marshall explained to the board that during the time she live at the above address she put in the fence to allow her dog more freedom, and at the same prevent the children passing by from putting their hands over the Regular P & Z Board Meeting October 6 , 1987;' 6 r fence. Mr. Maxwell explained that 4 ' fences are allowed in the front and 6 ' fence from the property line along the rear of the property, and that this particular fence has been there a number of years. The Chairman opened the public hearing, hearing from Harvey Darcy, Carl McCarrio, in favor of the petition, the Chairman closed the public hearing. A motion was made by David Nuby, seconded by Irving Spindel to recommend approval for VA-48-87 . The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. SP-49-87 A Site Plan request to convert a restaurant/warehouse facility to a restaurant/retail facility and modify the existing site plan accordingly. Petitioner/Owner - Frank Pollara. 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 situtate, lying and being in Broward County. Frank Pollara, owner, was speaker for the site plan. Note For the Record. The petitioner did not speak into the mic , thereby making it difficult to hear his comments. Mr. Maxwell commented that intended use would be a Market Place type facility, similiar to Bayside. He further added that the petitioner is putting up canvas type awnings on the side and in the front of the building. Additionally, all the parking and landscaping layouts have been provided. Mr. Maxwell further stated that the petitioner has made every effort to clean up the site and added that requirements have been met. The Chairman opened the public hearing, hearing no one speak in favor or opposition, the Chairman closed the public hearing. Gloria Daly asked the petitioner if this facility would be similiar to a flea market. Mr. Spindel stated that he thought the site would be very beautiful, however, adding that the recommendation should stipulate no deviation from the request, to prevent the area from becoming a slum area. A motion was by Irving Spindel, seconded by Gloria Daly to recommend approval for SP-49-87, with the stipulation that if the petitioner deviates from the original request, steps would be taken to pull his permit. The motion passed unanimoulsy. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. This meeting of the Planning and Zoning Board was then adjourned. Regular P & Z Board Meeting October 6 , 1987 7