HomeMy WebLinkAbout1987-02-03 Planning and Zoning Board Agenda i
AGENDA
DANIA PLANNING AND ZONING BOARD
REGULAR MEETING
FEBRUARY 3, 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
January 6, 1987. The motion passed unanimously.
RECONNENDATION:
VA-04-87 A Variance request to erect billboard to replace two
billboards condemned by Airport expansion. Petitioner -
Joel K. Gustafson; Owner - Cozy Cove Marina, Inc. Property
located at 300 North Federal Highway.
Legally described as: Lots 4 through 9, Block 1, "POINCIANA
PARK" , according to the plat thereof recorded in Plat Book
5, Page 17, of the Public Records of Broward County,
Florida, less the West 24 feet of said lots deeded for
highway widening, and all of Lots 10 through 21, Block 1, of
said "POINCIANA PARK" , and a portion of street vacated by
the City of Dania.
Attorney Joel Gustafson represented the variance request for
the owner. Mr. Gustafson explained that the request was of
an unusual nature because of the language. Mr. Gustafson
further explained that the orginal signs were voluntarily
removed at the request of the aviation department. Mr.
Gustafson gave to each member of the board a letter from
Richard Mooney, the project director for the airport
expansion.
Mr. Maxwell advised the board that there were no problem as
as the setbacks, as long as they avoid the right-of-way.
Further discussion ensued regarding landscaping requirements
and the approval from the City Engineers.
The Chairman opened the public hearing, hearing comments of
opposition from Mr. Vincent Carrol, the Chairman closed the
public hearing.
Comments and discussion from the board ensued regarding to
the problems of billboards being allowed in City of Dania.
A motion was made by Gloria Daly and seconded by Irving
Spindel to recommend denial of VA-04-87. The motion passed
unanimously.
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission Meeting.
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. . . . . .
Chuck Jados, of the Transflorida Condo Association, was the
representative for the Site Plan request.
1
Regular P & Z Board Meeting February 3, 1987
The Chairman read into the record the letter from the condo
association which was requested by the board at the last
meeting before further considering the request.
Mr. Maxwell commented that the building codes would have to
be met, further adding that that would be dependent on the
engineers design. Mr. Maxwell also commented that he felt
the location was much more appropriate to the north behind
the building rather then in the front. He also added that
he would like to get at the time of approval conformance to
the new canvas canopy recommendation for color.
The Chairman opened the public hearing, hearing no one speak
in favor or opposition, the Chairman closed the public
hearing. The Chairman opened the floor for comments from
the board. Mr. Blackmon refered the concern for the color
of the canvas not conforming to the city. Mr. Adler advised
the board that the color is not "law" and could not be
legally enforced, stating that canvas canopy color project
is part of the City's redvelopment project whereby the
owners are requested to participate with the City by
following the color selection for canvas ' or canopy for a
particular area. Mr. Spindel commented that he would like
to have the approved plans be presented to the board before
further consideration of the request is honored. Further
discussion followed by the board members and Mr. Maxwell .
A motion was made by Gloria Daly to recommend denial of
SP-01-86. Ms. Daly then amended her motion to recommend
denial until such time the board is assured that all
requirements have be met. The motion was seconded by Irving
Spindel. The motion for denial passed on the following roll
call vote:
Irving Spindel - yes Gloria Daly - yes
Audrey Cassese - not Howard Blackmon - not
Sam Calandra - yes
At this time, the board opened the request to further
discussion as to the meaning of the motion that was passed.
Ms. Cassese asked Mr. Maxwell to explain why the procedure
has changed with regard to his reviewing the permit for all
code requirements being met prior to coming before the
planning and zoning board. Mr. Adler advised the chairman
that the board could do one of two things, either continue
the item until the next meeting or it can be approved
subject to the petitioner submitting all necessary materials
to the building official . Mr. Adler advised the board that
the orginal motion could be amended to read to be continued.
At this time, Gloria Daly amended the motion to continue the
request to the March Planning and Zoning Board meeting. The
motion was seconded by Irving Spindel. The motion passed on
the following roll call vote:
Irving Spindel - yes Glorida Daly - yes
Audrey Cassese - no Howard Blackmon - no
Sam Calandra - yes
VA-06-87 A Variance request to construct a convenience food
store/service station with: ( 1 ) 15' pump island setback ( 30 '
required) , (2) 1 ' rear yard setback ( 10 ' required ) & (3) 8
parking spaces ( 15 required) . Petitioner - C.K.E. Group,
Inc. ; Owner - Michael Rashbaum. Property located at 714
South Federal Highway.
Legally described as: A parcel of land lying in the
Northeast 1/4 of the Southwest 1/4 of Section 3, Township 51
South, Range 42 East, Broward County, Florida, and
containing an area of 15,812. 61 square feet or ( 0. 3631acres
more or less ) . . . . . 2
Regular P & Z Board Meeting February 3, 1987
SP-02-87 A Site Plan request for a service station/convenience food
store. Petitioner - C.K.E. Group, Inc. ; Owner - Michael
Rashbaum. Property located at 714 South Federal Highway.
Legally described as: A parcel of land lying in the
Northeast 1/4 of the Southwest 1/4 of Section 3, Township 51
South, Range 42 East, Broward County, Florida, and
containing an area of 15,812. 61 square feet or (0. 363 acres
more or less ) . . . . .
Ed Cacache with C.K.E. Group, was representative for the
Southland Corporation. Mr. Cacache passed out to the board
photographs a rendering of the proposed building. He then
went on to explain the need for each of the three variances
that were applied for. Mr. Maxwell commented that the 13
feet that has to be dedicated for Federal Highway is on the
City of Dania 's Traffic Ways Plan and Broward County's
Traffic Ways Plan. Adding that the road has to be dedicated
if it 's on the Traffic Ways Plan before doing any new
building.
Building Official Maxwell further commented that the setback
to the pump is 17 feet. Mr. Mawell did add that the one
problem he had was the 1 foot from the property line on the
setback. Adding that the ordinance calls for either zero or
ten feet on the side setback requirements, and on the rear
setback it is 10 feet. Mr. Maxwell explained that it would
be better to have the building right on the property line to
avoid a creation of a fire hazzard or dirt collector which
would occur with a 1 foot setback. Mr. Maxwell further
added that he would not recommend the proposal with a 1 foot
setback but would do so at zero foot. Another problem
addressed by Mr. Maxwell was the garbage dumpsters. He
further stated that his recommendation would a building
enclosure with a regular garage door on it to keep the trash
and garbage contained.
The Chairman opened the public hearing, hearing no one speak
in favor or opposition, the Chairman closed the public
hearing. The Chairman then opened the floor to comments
from the board members. The main topic of concern and
discussion was the unclean condition of the majority of the
7-11 store once they have been built.
A motion was made by Irvin Spindel , seconded by Howard
Blackmon to recommend approval for the variance request
subject to the following conditions: ( 1 ) 15 ' pump island
setback, ( 2) 0' rear setback, (3) 8 parking spaces and (4 )
Garbage dumpster to be enclosed. The motion passed
unanimously.
A motion was made by Audrey Cassese, seconded by Howard
Blackmon to recommend approval for SP-02-87. The motion
passed unanimously.
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission meeting.
VA-07A-87 A Variance request to provide a 15 ' rear street yard setback
(25 ' minimum setback required) adjacent to SE 4 Avenue,
subject to garages and house fronts to abut SE 3 Lane.
Petitioner - Smilen Building Corp. ; Owner - Robert Graf.
Property located at 701-719 SW 3 Lane.
Legally described as: Lots 1 thru 10, Block 5, Town and
Country Estates, Section 1.
VA-07B-87 A Variance request to construct homes on lots with &! minimum
of 5880 square feet ( 6000 sq. ft. required) . Petitioner -
Smilen Building Corp. ; Owner - Robert Graf. Propert,
located at 701-179 SE 3 Lane.
3
Regular P & Z Board Meeting February 3, 1987
I
h
I
Legally described as : Lots 2 thru 9, Block 5, Town and
Country Estates, Section 1.
Jerry Smilen, of Smilen Building Corp. , 213 Sheridan Street,
represented the above 2 variance requests. Mr. Smilen
explained that the request for the 15 ' setback would allow
the houses to built. He stated that the houses all would
face the front, with an L shape configuration.
Mr. Maxwell stated that the lots are know as double frontage
lots, adding that the setbacks are 25 ' on both sides and
that the only way he would recommend approval is that the
15 ' side was the rear of all 10 lots, this is lots 1 thru 10
of Block 5. This would provide consistence along the entire
block for all houses. Further Mr. Maxwell added that all
garages should be on the front. All houses would face 3rd
Lane.
The Chairman opened the public hearing, hearing comments
from Mr. Larry Berkel and Mrs. Ruth Richards who are buyers
of the proposed homes, the Chairman closed the public
hearing.
A motion was made by Irving Spindel, seconded by Audrey
Cassese to recommend approval for VA-07A-87 subject to those
provisions outlined aboved by the Building Official . The
motion passed unanimously.
The second part of the variance was opended for discussion.
Mr. Smilen also spoke for the variance. Mr. Maxwell
explained that the original plat came thru at about the same
that the zoning ordinance changed, which is why these lots
are of insufficient square footage.
The Chairman called for a motion. A motion was made by
Audrey Cassese, seconded by Gloria Daly to recommend
approval for VA-07B-87. The motion passed unanimously.
The Chairman advised the petitioner to appear before the
City Commission at the next regular City Commission meeting.
A motion was made by Howard Blackmon to adjourn this session
of the Planning and Zoning Board meeting.
Meeting adjourned.
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.
I
P & Z Agenda
Regular Meeting February 3, 1987
4