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HomeMy WebLinkAbout1979-11-06 Planning and Zoning Board Minutes MINUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING NOVEMBER 6, 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 George Hewlett The regular meeting of the Planning & Zoning Board was called to order by Skeet Jernigan, Chairman. Motion was made by George Hewlett to approve the minutes of the last regular meeting of October 2, 1979, as presented; motion seconded by Ray Carvalho and passed unanimously. Mr. Jernigan read a letter of resignation from Rholanda Higgs-Rule: "Mr. Richard C. Jernigan, Chairman Dania Planning & Zoning Board 100 West Dania Beach Boulevard Dania, Florida 33004 Dear Mr. Jernigan: I hereby tender my resignation effective immediately as a member of the City of Dania Planning & Zoning Board. Certain family commitments and circumstances, along with other matters, make me feel that I will not be able to continue to function as an effective member of the Board. I have enjoyed the period of time that I have spent in service on the Board, and have always done my utmost to serve the best interests of the City of Dania. Very truly yours, /s/ Rholanda Higgs-Rule RECOMMENDATIONS TO CITY COMMISSION - Recommendations made at this regular meeting of the Planning & Zoning Board will be submitted to the City Commission for the regular City Commission meeting of November 13, 1979 1. PZ-36-79 - Mr. Jernigan read the agenda item: "PZ-36-79 - A special exception is requested to allow a paint and body shop in a C-3 (commercial) zoning classification by John Hille for the property located at 1502 South Dixie Highway, legally described as Lot 11 & 12, McKenzie Eyster Addition."' Mr. John Hille was present to represent his petition; he explained that he wishes to operate an auto body shop and to construct a paint booth. Mr. DeMuzzio mentioned the junk cars which are located on the adjacent lot; this lot along with the lots included on the variance request are all owned by Frank Mirrer. Frank Mirrer of 2141 Thomas Street, Hollywood, owner of subject property, came forward and stated that the cars are on the adjacent lot and that he will start to clean up the lot the following morning. Mr. Hewlett questioned if there was enough parking. Mervin Span came forward and stated that he was in objection to this request; he suggested that this request be postponed until the traffic problemlat this location is alleviated. Mr. Maxwell explained that the special exception request is for an enclosed vehicle service establishment, however, it must still meet all applicable codes and zoning requirements. • • Mr. Maxwell suggested that the Planning & Zoning Board may want Mr. Hille to bring in a site plan showing parking, egress, ingress, etc. along with the plans for the paint booth and a landscape plan. Mr. Sparkman agreed with Mr. Maxwell. Motion was made by George Hewlett to defer PZ-36-79 until the next regular meeting of the Planning & Zoning Board for the presentation of a site plan showing parking, egress, landscaping, etc. and that the property be cleared of any debris; motion seconded by Charles DeMuzzio and passed unanimously. Mr. Jernigan advised Mr. Hille to appear before the City Commission on November 13th, and also to appear before the Planning & Zoning Board for the presentation of a site plan showing parking, egress, landscaping, etc. and that the property be cleared of any debris; seconded by Charles DeMuzzio and passed unanimously. Mr. Jernigan advised Mr. Hille to appear before the City Commission on November 13th, and also to appear before the Planning & Zoning Board on December 4th. 2. PZ-37-79 - Mr. Jernigan announced the agenda item: "PZ-37-79 - Rezoning is requested from the existing zoning classification of RS-8000 (single family residential) to C-3 (commercial) by Lawrence J. Cuthbertson for the property legally described as the North 216 feet of the East -� of the NE4 of the SW4 of the NW4, less the East 200 feet thereof, all in Sec 35, Twp 50 S, Range 42 E, said lands situate, lying and being in Broward County; generally located along the Dania Cut-Off Canal east of Royal Palm Yacht Basin." Mr. Dixon Thomas, of the law firm Walden & Walden, was present to represent Mr. Cuthbertson; Mr. Thomas passed out an area map of Mr. Cuthbertson's property. Mr. Thomas explained that properties surrounding this property are zoned !commercial and the property across the Dania Cut-Off Canal is zoned industrial, therefore, it is no longer suited for a single family residential zoning classification. Mr. Jernigan declared the public hearing open. No one appeared in favor or opposition to this request; Mr. Jernigan then declared the public hearing closed. Mr. Maxwell stated that it is the same situation as the adjoining property to the east, which was petitioned by the owner last month for rezoning; he recommended that this request be granted. Mr. Sparkman recommended approval of rezoning request PZ-37-79. Motion was made by Charles DeMuzzio to grant rezoning request PZ-37-79 to C-3; motion seconded by George Hewlett and passed on the following roll call vote: George Hewlett - Yes Charles DeMuzzio - Yes Ray Carvalho - Yes Skeet Jernigan - No Mr. Jernigan advised Mr. Thomas to appear before the City Commission on November 13th. 3. PZ-38-79 - Mr. Jernigan read the agenda item: "PZ-38-79 - A variance is requested to allow the construction of a triplex in an R-2 (duplex) zoning classification on a lot 62 feet by 125 feet and to waive the required platting procedure by Mr. Jack Besner for the property legally described as the South 125 feet of the North 250 feet of the West 75 feet of the East 150 feet of the SE4 of the NE4 of the SEA of Section 33, Township 50 South, Range 42 East; and generally located on Northwest 13 Avenue, north of Dania Beach Boulevard." Mr. Sparkman stated that there was no dedicated street to this property and that this is only a duplex lot. Mr. Maxwell stated that this request will'' require a variance on platting, rear setback and that apparently no road dedications have been made in this area; he explained that the subject road is mostly built up with housing units on the west side and partially built up on the east side, and that a 40 foot road right-of-way may be possible, but it would be impossible to supply a 60 foot road right-of-way for this street. Mervin Span came forward and explained that Mr. Besner can meet all the required setbacks except the rear setback; he also stated that Mr. Besner is trying to supply housing for this area and that he has some of the better maintained housing units in the area. The Planning & Zoning Board requested that Mr. Besner file a revised variance petition to include the rear setback and road width requirements. Motion was made by George Hewlett to postpone PZ-38-79 until the next', regular meeting of the Planning & Zoning Board; seconded by Ray Carvalho and passed unanimously. Planning & Zoning Board - 2 - November 6, 1979 Regular Meeting Mr. Jernigan advised Mr. Besner to appear before the City Commission on November 13th. 4. PZ-40-79 - Mr. Jernigan announced the agenda item: "PZ-40-79 - A variance is requested to allow consumption of beer on the premises of 706 South Federal Highway by Sharyn Matarazzo. Subject property is legally described as Lots 1, 2 and 3, Block 3, Dania Heights Extension and is zoned C-3 (commercial) ." Sharyn Matarazzo of 600 Northwest 60 Way, Hollywood, was present to represent her petition; she explained that she applied for approval from the city for a beer license and was informed that her establishment was within 1,000 feet from a church. Reverand Van Arsdale of 350 SW 1st Avenue, reverend to the church nex door to 706 South Federal Highway came forward in opposition to this request. Mr. Sparkman recommended approval of this variance request. Mr. Maxwell stated that the petitioner wants the consumption of beer in conjunction with a restaurant. Motion was made by Ray Carvalho to recommend approval of PZ-40-79 with no beer sold on Sunday; motion seconded by Charles DeMuzzio; no recommendation was made on the following roll call vote: George Hewlett - No Charles DeMuzzio - No Ray Carvalho - Yes Skeet Jernigan - Yes Ms. Matarazzo was advised to appear before the City Commission on November 13th. 5. PZ-41-79 - Mr. Jernigan announced the agenda item: "PZ-41-79 - A variance is requested to allow the construction of a warehouse on a lot with insufficient size and setbacks and a waiver of the required platting procedure by Ceasar Favarato for the property located on the northeast corner of SW 9th Street and Phippen Road, legally described as a parcel in the NW4 of the NW4 of the SW% of Section 3, Township 51, Range 42, and bounded on the north and east by Block 3, College Tract 1st Addition, on the south by Southwest Ninth Street and on the west by Phippen Road; also known as Lots 11 & 12, Block 3, College Tract 1st Addition (these lots not included on the original plat); subject property zoned I-G (industrial) . Kenneth Spry, Architect, was present to represent this variance request for Mr. Favarato, requesting that the submitted site plan be approved. Mr. Favarato was present and stated that he is planning to lease it to a beverage company for repairing of their trucks. Mr. Maxwell stated that as shown on the site plan, the egress on SW 9th Street would be more desireable that on Phippen Road. An owner of property within 300 feet came forward and questioned the proposed structure, they had no objections. No one appeared in objection. Mr. Maxwell suggested that the Planning & Zoning Board approve if the landscaping as shown on the site plan is adhered to. Motion was made by Charles DeMuzzio to recommend approval of PZ-41-79 waiver of platting. and. the landscaping as shown on the submitted site plan; seconded by Ray Carvalho and passed unanimously. Mr. Jernigan advised Mr. Spry to appear before the City Commission on November 13th. 6. PZ-42-79 - Mr—Jernigan announcedtthe agenda .item: "PZ-42-79 - A variance is requested to allow an additional living unit by William B. Wosenitz for the property located at 40 SE 12 Street, legally described as Lot 13, St. James Park Delmar. Subject property is zoned RD-6000 (duplex); this lot is insufficient in width and square footage to allow a duplex; a single family residence and garage exists; petitioner requests approval to use the existing garage as a second living unit." Bill Wosenitz of 341 NE 2nd Court was present to represent his petition. He informed the Board that he has his wife in a nursing home and he needs the additional income so he would like to convert the existing garage into a second living unit (efficiency) . Planning & Zoning Board - 3 - November 6, 1979 Regular Meeting • Mr. Jernigan read a letter of objection: Gentlemen: We are sorry we can not attend the meeting on November 13, 1979, in regards to a request by William B. Wosenitz for the property on 40 SE 12 Street, Dania, legally described as Lot 13, St. James Park to allow additional living unit on a lot that has insufficient footage to allow a duplex. We want to be put on record as being opposed to his request. Request PZ-42-79. Thank you, /s/ Mary T. Gray & Layton E. Gray, Jr. Mr. Sparkman recommended approval. Mr. Maxwell stated that the existing garage does meet required setbacks and that the petitioner would have to bring the building up to existing codes before it could be used as a living unit. Motion was made by George Hewlett to recommend approval of PZ-42-79; seconded by Charles DeMuzzio and passed unanimously. Mr. Jernigan advised Mr. Wosenitz to appear before the City Commission on November 13th. 7. PZ-43-79 - Mr. Jernigan announced the agenda item: "PZ-43-79 - A'',variance is requested to allow the construction of a duplex on a lot of insufficient width by Douglas L. Richards for the property located at 274 SW 9th Street, legally described as Lot 16, Block 2, Dania Homesites: subject property is zoned RD-6000 (duplex) ." Douglas Richards of 7140 Biltmore Boulevard, Miramar was present to represent his petition. He requested approval to construct a duplex on a lot of insufficient width. Mr. Maxwell recommended approval. Luther Sparkman recommended that Mr. Richards present a site plan. Motion was made by Charles DeMuzzio to postpone PZ-43-79 until the next regular meeting of the Planning & Zoning Board at which time Mr. Richards should present a site plan; motion was seconded by Ray Carvalho and passed unanimously. 8. PZ-44-79 - Mr. Jernigan announced the agenda item: "PZ-44-79 - A variance is requested to allow the construction of a carport with insufficientl,setbacks by Genva Galbreath for the property located at 60 SW 15 Street, legally described as Lot 1, Block 44, North Hollywood Subdivision; subject property is zoned RD-6000 (duplex) ." Mrs. Galbreath was present to represent her petition; she explained that the carport was put up by her contractor without a permit; when she found out no permit had been obtained and was advised of the required setbacks, it would be necessary to remove fruit trees which exist in her yard to conform. Mr. Maxwell explained that the carport was put up without a permit, however it would be a hardship to have the carport moved to meet the required setbacks. Michael Galbreath read a mailgram he had sent the mayor: "Honorable James Adams and the Honorable City Commissioners, 100 West Dania Beach Boulevard, Dania, F1 33004 Dear Sirs: Please do not deny my father his last few years of his enjoying his citrus trees which he planted and nurtured over the years while he was in good health. Please do not deny us the improvement to our property by adding a carport. Please so not deny us our Christmas vacation waiting for a commission meeting on December 11, 1979, when we want to leave for our vacation home for the holidays. Ours is a harship case. Please feel compassion for my parents. Sincerely yours, Michael Galbreath Planning & Zoning Board - 4 - November 6, 1979 Regular Meeting Virgina Plinsky of 51 SW 14 Street and Lillian Kessler of 54 SW 14 Street came forward in favor of this request. Mr. Maxwell recommended approval. Mr. Sparkman recommended approval. Motion was made by George Hewlett to recommend approval of PZ-44-79; seconded by Charles DeMuzzio and passed unanimously. OLD BUSINESS Setting a workshop meeting for the creation of an RMO-16 zoning classification The Planning & Zoning Board set a workshop meeting for 7:00 p.m. on December 4, 1979, to preceed their regular meeting. Mr. Jernigan requested that a letter be sent to Mr. Donly requesting action on the appointment of a new member to replace Rholanda Higgs-Rule. Meeting adjourned. Planning & Zoning Board 5 - November 6, 1979 Regular Meeting 3