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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