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HomeMy WebLinkAbout1979-10-02 Planning and Zoning Board Minutes i MINUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING OCTOBER 2, 1979 7:30 P.M. Members Present: Others Present: Skeet Jernigan, Chairman Luther Sparkman, Zoning Consultant Charles DeMuzzio, Vice Chairman Paul Maxwell, Building Official Ray Carvalho Rholanda Higgs Members Absent: George Hewlett The regular meeting of the Planning & Zoning Board was called to order by Skeet Jernigan, Chairman. Motion was made by Charles DeMuzzio to approve the minutes of the last regular meeting of September 4, 1979, as presented; motion seconded by Ray Carvalho and passed unanimously. RECOMMENDATIONS TO CITY COMMISSION Recommendation made by Planning & Zoning Board to be submitted to City Commission public hearing to be held October 9, 1979. 1. PZ-33-79 - Mr. Jernigan read the agenda item: "PZ-33-79 - Request is made by Eugene J. Wilkins for the property located at 685 Gulfstream Road, and legally described as the North 216 feet of the East 200 feet of the Northeast 4 of the Southwest 4 of the Northwest 4 of Section 35, Township 50 South, Range 42 East, said lands situate, lying, and being in Broward County, Florida, to rezone from RS-8000 (single family residential) to C-3 (commercial) ." Mr. Dixon Thomas,of the law firm of Walden & Walden, was present to represent Mr. Wilkins. Mr.Thomas stated that Mr. Wilkins is seeking rezoning of his property from residential to C-3; he distributed copies of a location map to the Board indicating the location of the subject property and the surrounding areas with their zoning classifications. Mr. Thomas stated that there is industrial activity 24 hours a day to the north of subject property across the canal; Mr. Wilkins owns z. 200 feet frontage on the Dania Cut-Off Canal; which is almost an acre tract. Mr. Wilkins was present and stated that he may want to construct a yacht basin; he stated that Broome & Farina is working on a plan now, however, at this point nothing is definite. No one was present to speak in objection or favor of this rezoning request. Mr. Ted Baldyga of Stutsman Associates was present and questioned if this request was sent to the Planning Council for comment. Mr. Maxwell explained that the present designation on Dania's proposed land use plan is residential-10 units per acre and that the area is so small that under the Broward County Land Use Plan, this change could fall under a flex zone. Mr. Wilkins stated .that barges come into the port at all hours of the night. Mr. Sparkman stated that he felt that Mr. Wilkins should be allowed to use his property in a reasonable manner as established by the surrounding properties; he recommended that the request to rezone subject property to C-3 be granted. The Board questioned how the property owner directly to the west felt in reference to this rezoning request; Mr.Thomas explained that Mr. Cuthbertson, who owns the property directly to the west, desires to rezone his property to C-3 and that Mr. Thomas has filed a rezoning petition in Mr. Cuthbertson's behalf with the Building & Zoning Department. Motion was made by Charles DeMuzzio to recommend approval of rezoning request PZ-33-79; motion was seconded by Rholanda Higgs and passed on the following roll call vote: Rholanda Higgs - Yes Charles DeMuzzio - Yes Ray Carvalho - Yes Skeet Jernigan - No Mr. Jernigan advised Mr. Thomas and Mr. Wilkins to appear before the City Commission on October 9, at 8:00 p.m. Recommendation made by Planning & Zoning Board to be submitted to City Commission public hearing to be held October 23, 1979. 2. PZ-34-79 - Mr. Jernigan read the agenda item: "PZ-34-79 - Request is made by Jacques A. Gallet to vacate an alley, legally described as all that portion of the 10 foot wide alley in Block 4, less the north 30 feet thereof, "North Wyldwood Park", as recorded in Plat Book 10, Page 4, of the public records of Broward County, Florida, and generally located on the southeast corner of North Federal Highway and Taylor Road. Subject property is zoned C-4 (commercial) ." Mark Gallet was present to represent this petition; he presented a survey and site plan for proposed development to the Board. Mr. Maxwell explained that plans have been submitted to the Building Department and were approved excepting that the subject alley right-of-way runs through the middle of the proposed construction site; he also stated that unused street rights- of-way had been vacated recently for Alamo Rent-A-Car adjacent to this property due to a similar situation. Mr. Sparkman recommended approval. No one was present to speak in objection or favor of this request. Motion was made by Ray Carvalho to recommend approval of PZ-34-79; motion seconded by Rholanda Higgs and passed unanimously. Mr. Jernigan advised Mr. Gallet to appear before the City Commission on October 23rd. Recommendation made by Planning & Zoning Board to be submitted to City Commission public hearing to be held October 9, 1979 3. PZ-35-79 - Mr. Jernigan read the agenda item: "Request is made by Louis Marrone for a variance to allow a single family residence constructed with the finished floor elevation less than the established cirteria of 18 inches above the crown of the road or 8 feet above mean sea level, whichever is greater, as required by Ordinance No. 100." Mr. Lawrence Fedder, of the law firm of Robert Dubow, was present to ''represent Mr. Marrone. Mr. Fedder explained that the subject single family residence located at 635 NE 3rd Street was constructed at 24" above the crown of the road (Dania requires 18" above the crown of the road or 8 feet above MSL, whichever is greater) . This structure is still, however, higher than most of the surrounding older residences. Mr. Maxwell stated that this residence was the first constructed of four homes on this site, and that the house is near completion. Mr. Sparkman recommended denial of this request. No one was present in objection or in favor of this request. Mr. Sparkman stated that he felt that the variance should be granted, however, we should make sure this doesn't happen again. Mr. Jernigan stated that the Planning & Zoning Board should recommend to the City Commission that a survey of the finished slab elevation should be made at the time the slab is poured. Planning & Zoning Board - 2 - October 2, 1979 Regular Meeting Motion was made by Charles DeMuzzio to recommend approval of variance request PZ-35-79 at 635 NE 3rd Street; motion seconded by Rholanda Higgs and passed unanimously. Mr. Jernigan advised Mr. Fedder to appear before the City Commission on October 9th. OLD BUSINESS Mr. DeMuzzio suggested that the Planning & Zoning Board review the new sign ordinance. The Planning & Zoning Board recommended that the City Commission delete the words "directional signs, ground signs, post signs, A-signs, and snipe signs," in Section 18 (b) on the bottom of page 3 so that that section reads as follows: (b) Billboards, except those erected and displayed by public authority, shall not be erected, constructed or displayed within one hundred fifty (150) feet of the center line of U.S. Highway No. 1, also known as Federal Highway, to the extent that such : highway lies within the city limits of the City of Dania, and billboards, except those erected and displayted by public authority, shall not be erected, constructed or displayed Within one hundred fifty (150) feet of the center line of State Highway AIA, also known as Dania Beach Boulevard, to the extent that such highway, or boulevard lies within the city limits of the City of Dania. Mr. Jernigan asked about an amortization schedule; Mr. Maxwell stated that the City Commission wants to look into adopting a schedule, however, they wanted to get the new sign ordinance adopted for now. NEW BUSINESS Mr. Mandy Ponce of the State of Florida Department of Community Affairs was present to explain the HUD 701 Grant. Mr. Ponce explained that he will be working with Stutsman Associates and the City Manager with the $11,000 grant which will enable the City of Dania to be in compliance with the land use plan; the Planning & Zoning Board will have to act as citizen advisors, citizen participation is required. Mr. Baldyga informed the Planning & Zoning Board that the City's proposed land use plan will be submitted for certification on the county level. Meeting adjourned at 8:50 p.m. Planning & Zoning Board - 3 - October 2, 1979 Regular Meeting