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HomeMy WebLinkAbout1987-03-03 Planning and Zoning Board Minutes MINUTES DANIA PLANNING AND ZONING BOARD REGULAR MEETING MARCH 3, 1987 7:30 P.M. ROLL CALL A motion was by Audrey Cassese, seconded by Irving Spindel to approve the minutes for the Regular Meeting of Planning and Zoning Board of February 3, 1987. RECOMMENDATION: Recommendations made RZ-09-87 will be submitted for the Consent agenda (First Reading) March 17, 1987, and for the Public Hearing (Second Reading) March 24, 1987. Recommendations made for all other items will be submitted for the City Commission meeting of March 24, 1987. SP-01-86 A Site Plan request to construct a canvas carport. Petitioner - Jerry Custom Canvas; Owner - TransFlorida Condo Association. Property located at 499 Sheridan Street. Legally described as: A portion of the SE 1/4 of the SE 1/4 of the SE 1/4 of Section 3, Township 51 South, Range 42 East, said lands situate, lying and being in Broward County, Florida. . . . . . Mr. Chuck Jados was the representative for the site plan and explained that this item was continued from the last board meeting. Mr. Leeds briefly reviewed the site plan regarding one of the concerns discussed at the last meeting. This being the canvas carport, he stated that the fire and building departments had both reviewed the plans. Mr. Leeds further added that should the board approve the request it should be with the stipulation that the carport is to be located in the rear. The Chairman opened the public hearing, hearing no one speak in favor or opposition, the Chairman closed the public hearing. The Chairman then asked for comments from the board members. Gloria Daly reaffirmed her strong opposition to havivg any type of canvas carport put up. Other comments concerning this site plan were which involved the meeting of all requirements of the building codes. Mr. Leeds affirmed that these requirements have been met. A motion was made by Irving Spindel, seconded by Audrey Cassese to recommend approval for SP-01-87. The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. SE-08-87 A Special Exception request to operate an auto alignment facility in an I-R District. Petitioner - Master Craft Chassis; Owner - Jacques A. Gallet. Property located at 374 SW 4 Court. Legally described as : Lots 42 thru 47, Block 1, ' VICTORY HEIGHTS" , according to plat thereof recorded in Plat Book 21, page 2, of the public records of Broward County, Florida. 1 Regular P & Z Board Meeting March 3, 1987 Mr. Arnold Shaw, 6340 Coolidge Street, Hollywood, the petitioner was representative of the request. Mr. Shaw had no real comments regarding his request. Mr. Leeds comments concerning this request were as follows: ( 1 ) All auto repair to be conducted within the building and ( 2) No out door storage of disassembled vehicles, stating that both of these conditions should be part of the approval if the board chooses to approve the request. The Chairman opened the public hearing, hearing comments of opposition from the following citizens: Tim McCleod of 261 SW 4th Street, Dania, was the spokes person and representative for the following people who were all against having any type of automotive repair shop in the warehouse district; Henry Schaffer, 262 SW 5 Street; No name, 229 SW 3 Place ; Jim (Unintelligible) 225 SW 4 Street; Gloria McCleod; Earl Trembley, 258 SW 4 Street; Gloria Madden, 225 SW 4 Street; Mr. Coleman, 266 SW 6 Street; Unintelligible, 258 SW 5 Street; Mary Coleman, 266 SW 6 Street, Pion May, 257 SW 4 Street, and Robert Bianci , 257 SW 5 Street. Mr. McCleod stated that the loud noises are unbearable. Mr. McCleod produced a police report of a complaint he filed showing that Mr. Shaw was operating his business as early as 6:00 a.m. creating excessive noise that awakes people in the surrounding area. Mr. Blackmon inquired as to the nature of the other businesses in that area. Mr. McCleod stated there are some cabinet shops that operate, but the noise is maintained at a minimum. Hearing no further comments in favor or opposition from any other citizens, the Chairman closed the public hearing. The discussion at this time moved to having comments from the board members. All board member's comments center around the fact that the business is currently operating without having a license. Mr. Blackmon spoke of the concern to protect the home owners interest in the neighborhood. A motion was made by Gloria Daly, seconded by Irving Spindel to recommend denial for 5E-08-87. The motion to deny passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. RZ-09-87 A Rezoning request to rezone 0. 40 acres from RM 10 (Broward County) to C-4 (Dania) . Petitioner/Owner - GSD Investments, Inc. Property located at Ravenswood Road. Legally described as: The N 1/2 of Lot 2, "PALMEADOR HALF ACRES NO. 2" , as recorded in Plat Book 23, page 37, of the public records of Broward County, Florida. Greg DeJohn, 4675 Ravenswood Road, was the representative for the rezoning request. Mr. DeJohn spoke of several ideas he had for improving the property. Mr. Leeds stated that he no further comments to add except that the C-4 zoning would allow the day care center as a special exception use, as one of the uses. The Chairman opened the public hearing, hearing from a lady who was interested where the property is located, and having no one else speak in favor or opposition, the Chairman closed the public hearing. The Chairman opened the floor to comments from the board. Audrey asked for clarification of the C-4 district other than the special exception use allowing the day care center. Mr. Leeds explaine& that the C-4 district includes all the uses in C-3 which are general commercial uses and also includes indoor-outdoor recreational/atheletic type facilities, sales, warehousing storage uses which are all interior within an enclosed building. Additional comments were made by Gloria Daly and 2 Regular P & Z Board Meeting March 3, 1987 0 • Irving Spindel . Having no other comments, the Chairman called for a motion. A motion was made by Irving Spindel, seconded by Gloria Daly to recommend approval for RZ-09-87. The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-10-87 A Variance request to allow: ( 1) Enclosed and open air storage in a B-3 (Broward County) zoning district; (2) A waiver of paving requirements. Petitioner/Owner - Robert & Maria Vasile. Property located at 4875 SW 20 Avenue. Legally described as: Lot 1, Block 13, "HIGHLAND PARK UNIT TWO" , according to the Plat thereof as recorded in Plat Book 12, Page 29 of the Current Public Records of Broward County, Florida. Robert & Maria Vasile, the owners were representatives of the variance request. Both explained to the board the problems that have been encounted trying to get a permit to install a shed. Mrs. Vasile stated that after purchasing the property they went on the make improvements such as, clearing, installing a fence to be able to use the property for their equipment rental business. Mr. Leeds was asked if he could enlighten the board as to what was going on with this item. Mr. Leeds commented that the zoning which is county B-3 prohibits outdoor storage and sales activies, in addition the Dania Code requires that as a part of its ' subdivision regulation that when adjacent to a public street you must provide paved access, and paved parking. Mr. Leeds further stated after some discussion from the petitioner as to the type of business being conducted from the property, that the code prohibit open air sales or display of machinery construction equipment, ect. , it also prohibits wholesale warehouses and storage uses. The discussion continued along the lines of who gave them permission to operate under a M-4 zoning and how this all came about. Mr. Vasile mentioned that he had been told by Richard Gloss initially that they could operate because they had been given the wrong zoning information, but with the understanding that he could not use it for warehouse type storage. The petitioner further explained to the board the existing kinds of structures surrounding the property in question. Mr. Leeds further explained the B-3 zoning district stating that it is a commercial district design primarily for retail commercial activities. Further he added that this zoning prohibits industrial and outdoor storage type activity. The discussion was then center around the proposed usage and the definition of "outdoor storage" . Mr. Leeds stated that if the intent of the petitioner was to have such items as a backhoe or equipment outside then that would constitute outdoor storage and would require a variance. Mr. Leeds continued the discussion which involved the requirements of the City Code pertaining to the paving and hard surfacing the parking lot. He also stated that the street access was required as part of the City Code. Mr. Leeds added that he spoken with Mr. Maxwell , and that they were both concerned that the area be maintianed as a commercial area, further adding that knowing what the petitioner wanted to do the board would have to make a decision as to whether or not they wanted to deviate from the commercial regulations in this situation. The, discussion was centered around the parking and paving by the petitioners. The situation being such that the cost would be astronomical for what the property is being used for. 3 Regular P & Z Board Meeting March 3, 1987 . i • 0 The Chairman opened the public hearing, hearing no one speak in favor or opposition, the Chairman closed the public hearing. The hearing was then opened for comments from board members. Mr. Blackmon asked for clarification on the use of the public right-of-way and the need to have the petitioner do the paving. It was explained that the road is not a private road but is used by the public. Mrs. Cassese commented that the in view of the fact that the situtation occurred as a result of the owners being given the wrong information by City Official, she felt that there is a definite hardship in this case. Mr. Vasile explained that because of the way the property situated it was more an oversight rather than a deliberate act. Mr. Spindel commented that even though the situation is a hardship, he felt that the board does not have the power to waive the paving since it is a requirement of the City's Code of ordinance. Mr. Leeds stated that there is the power to waive the paving requirements for the parking lot, however the paving of the road is another, further stating that the road comes under the City Code, not the zoning code. In summary, the Chairman stated that the board would vote on the variance for the open air storage and waiver the paving requirements. The City Attorney, Frank Adler, stated that he didn' t think the Code was intended to make someone who is putting up a storage shed pave the City street, but the board can not waive the code they can give the variance on the zoning only. A motion was made by Howard Blackmon, seconded by Audrey Cassese, to recommend approval for VA-10-87 for the storage and parking. The motion passed on the following roll call vote. Irving Spindel - no Audrey Cassese - yes Gloria Daly - yes Sam Calandra - yes Howard Blackmon The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-11-87 A Variance request to construct a carport addition with a 7.5' setback from adjoining trailer ( 10 ' setback) . Petitioner/Owner - Rosemarie Lindeman. Property located at #75 Dominico Street. Legally described as : All of Blocks 4 and 5, and portions of Blocks 3, 6,7,8, 9, 10 and ll, "AMENDED PLAT OF HOLLYWOOD PALMS" , as recorded in Plat Book 10, Page 65, of the public records of Broward County, Florida. . . . . . Rosemarie Lindeman, of #75 Dominico Street, represented the variance request. Mrs. Lindeman explained that she has invested a lot of time and money to make improvements to her to trailer since moving to Dania, and now would like the comfort of having a carport to cover her car. She also stated that her neighbors have no objections to her intending her carport. Mr. Leeds commented that the 10' requirement is basically designed as a fire protection requirement setback between structures, as the rationale behind the ordinance. The Chairman opened the public hearing, hearing comments from Fred Sisto in favor of the varinace, the Chairman closed the public hearing. 4 Regular P & Z Board Meeting March 3, 1987 0 The hearing was then opened to comments from members of the board. Mr. Spindel commented on the problem of having codes and not following those codes. Other comments from Gloria Daly and Audrey Cassese concerned the diagram of the carport and the length and width. Mr. Leeds further commented that the variance is needed because in a trailer park the setbacks aren't based on property line but are based on distances between structures. A motion was made by Howard Blackmon, with no second to recommend approval for VA-11-87. The motion denied for lack of second. The City's Attorney explained to the petitioner that the request would go to the City Commission without a recommendation either for or against from the board. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. VA-12-87 A Variance request to construct a house addition with a 21 ' setback ( 25 ' required ) consistent with existing house setbacks. Petitioner/Owner - Joseph A Mancusi . Property located at 514 NE 2nd Place. Legally described as: Lot 2, Block 4„ "ROYAL PALM VISTA" , as recorded in Plat Book 41, Page 12, of the Public Records of Broward County, FLorida. Joseph Mancusi of, 214 NE 2nd Place, was the spokesman the variance. Mr. Mancusi explained to the board that the request is for an extension to the front of the house to allow an entrance hall to be built. He further stated that the proposed new addition would extend 7 ' & that 4 ' of which would be over the legal setback, however the addition itself would consistent with the existing other side of the house which protrudes 4 ' over the allowable setback. Mr. Leeds added to Mr. Mancusi 's comments by stating that this is an addition to the front of the house, the house itself is approximately 21 & 1/2 feet from the street. He further stated that the addition would make the new side also 21 & 1/2 feet. The Chairman opened the public hearing, hearing comments from John Marinaro, of 214 NE 5 Avenue, concerning the time Mr. Mancusi would be doing the work. Mr. Marinaro indicated that house is almost in deplorable condition, specifically the roof. Mr. Mancusi replied that the house had been painted and the grounds kept up, however as to the roof and other parts of house, he stated that the intent of the family at the time of purchase was to completely redo the house but for different reasons those plans had to be changed. He further stated that they are now ready to began construction within the month or a month and a half upon being granted this variance. Hearing no other comments in favor or opposition, the Chairman closed the public hearing. Moving to board members for their comments, Audrey Cassese stated that if there are any serious problems pertaining to code violation, the Code Enforcement Board. A motion was made by Gloria Daly, seconded by Audrey Cassese to recommend approval for VA-12-87. The motion passed unanimously. The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. DRI-15-87 A Request for approval of Development of Regional Impact Order, for Design Center of the Americas. Petitioner - Joel Gustafson; Owner - Danto Investment Company. Property located at 1855 Griffin Road. 5 Regular P & Z Board Meeting March 3, 1987 Legally described as : "THE DESIGN CENTERS OF THE AMERICAS PLAT" . Attorney Joel Gustafson, of Fort Lauderdale, was the spoken on behalf of the request. Mr. Leeds stated that his only comment is to add that this a minor modification and it 's primarily to comply with any requirements of state law and not the Citys ' zoning ordinance. Mr. Leeds also stated that the only real change, looking at phase II & III, the way the building is laid out the first two phases has changed, but the square footage has not changed. The Chairman opened the public hearing, hearing no one speak in favor or opposition, the Chairman closed the public hearing. A motion was made Irving Spindel, seconded by Gloria Daly to recommend approval for DRI-15-87. The motion passed unanimously. The Charrman advised the petitioner to appear before the City Commission at the next regular City Commission meeting. A motion was made by Gloria Daly, seconded by Irving Spindel to adjourn this session of the Planning and Zoning Board. The motion passed unanimously. Any person who decides to appeal any decision made by Planning and Zoning Board or City Commission with respect 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 record includes the testimony and evidence upon which the appeal is to be based. P & Z Agenda Regular Meeting March 3, 1987 6