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HomeMy WebLinkAbout1979-12-04 Planning and Zoning Board Minutes MINUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 4, 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 Charles DeMuzzio to approve the minutes of the last regular meeting of November 6, 1979, as presented; motion seconded by Ray Carvalho and passed unanimously. 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 December 11, 1979. 1. PZ-36-79 - Mr. Jernigan announced the agenda item: "PZ-36-79 - Deferred from the last regular meeting of November 6, 1979 - A special exception is requested to allow a paint and body shop in a C-3 (commercial) zoning classifi- cation 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 and presented a proposed site plan to the Board. Mr. DeMuzzio stated that he has been at the site and there has been an attempt to clean the property. Mr. Frank Mirrer, owner of subject property, came forward and explained the landscape plan which will include black olive trees and shrubbery. Mr. Maxwell stated that the new structure would require one additional parking space; he suggested that since Mr. Mirrer owns the adjoining property to the north, that additional parking required could be obtained by including a portion of that property into the site plan and that a stipulation could be stated on the occupational license. Mr. Hewlett questioned Mr. Mirrer and Mr. Hille concerning parking cars in the driveway to the rear of the building; in case of a fire, emergency vehicles could not gain access to the rear. Mr. Kurt Ely of 245 SW lst Avenue came forward in objection to this request; he did not feel that the intent of the C-3 zoning classification was to allow an auto body shop. Mr. Sparkman stated he would like to have an agreement signed by the owner of the property. Motion was made by Charles DeMuzzio to defer PZ-36-79 until the next regular meeting so that Mr. Hille and Mr. Mirrer may confer with Mr. Maxwell to obtain an acceptable parking facility for this property; seconded by Ray Carvalho and passed on the following roll call vote: George Hewlett - No Charles DeMuzzio - Yes Ray Carvalho - Yes Skeet Jernigan - Yes Mr. Hille was advised to appear before the City Commission on December llth. 2. PZ-38-79 - Mr. Jernigan announced the agenda item: "PZ-38-79 - Deferred from the last regular meeting of November 6, 1979 - 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, to waive the required platting procedure, to allow insufficient setbacks and insufficient street right-of-way 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 SEir of the NE4 of the SE-V of Section 33, Township 50 South, Range 42 East; and generally located on Northwest 13 Avenue, north of Dania Beach Boulevard." Mr. Jack Besner of 214 SE 3rd Terrace came forward to represent his petition; he presented a site plan along with the construction plans. Kurt Ely came forward and spoke in favor of this request; he stated that Mr. Besner has been one of the Housing Authority's'best allies. Mervin Span came forward and spo19 in favor of this request; he stated that there is a great need for rental units on the west side of town. Skeet Jernigan was concerned about overcrowding the area; he felt the proper designation for the land should be withheld. Mr. Sparkman stated that with the requested three units it would create a density of 16 units per acre for this site. Mr. Jernigan asked Mr. Baldyga's opinion; Mr. Baldyga stated that if you allowed three units on this particular lot, you may be using up units for another area. Mr. Besner stated that this block is already built up; Mr. Jernigan explained that the deniity applies to the entire zoned area, not just a city block. Mr. Hewlett explained that a variance is suppose to be a hardship. Motion was made by Ray Carvalho to recommend approval of PZ-38-79; motion was seconded by Charles DeMuzzio and died on the following roll call vote: George Hewlett - No Charles DeMuzzio - Yes Ray Carvalho - Yes Skeet Jernigan - No Mr. Besner was advised to appear before the City Commission on December llth. 3. PZ-43-79 - Mr. Jernigan announced the agenda item: "PZ-43-79 - Deferred from the last regular meeting of November 6, 1979 - 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 was present to represent his petition. Mr. Maxwell stated that the subject property meets all requirements except for the required width. Mr. DeMuzzio stated that he would like to see the parking in the rear rather than in the front. Mr. Richards stated that he would be in agreement to providing the required parking in the rear. Motion was made by Ray Carvalho to recommend approval of PZ-43-79 with parking in the rear; seconded by George Hewlett and passed unanimously. Mr. Richards was advised to appear before the City Commission on December llth. Planning & Zoning Board - 2 - December 4, 1979 Regular Meeting 4. PZ-45-79 - Mr. Jernigan announced the agenda item: "PZ-45-79 - Plat approval is requested by McLaughlin Engineering Company for the proposed plat of "THE GADDIS PLAT" located on Stirling Road approximately 500 feet west of Bryan Road and legally described as the West 439.85 feet of the East 539.85 feet of the South 200 feet of the following two parcels: The East -� of the SW4 of the SW4 of the SE4 of Section 33, Township 50 South, Range 40 East, and the West if of the SE4 of the SW4 of the SEJr of Section 33, Township 50 South, Range 42 East, less the South 55 feet thereof for road right-of-way. Subject property is zoned C-1 (commercial) according to Broward County zoning ordinance." Bob McLaughlin, McLaughlin Engineering Company, came forward to represent this petition. Mr. Maxwell stated that the City Engineer requested that we obtain a 15 foot utility easement along Stirling Road. Mr. McLaughlin stated that he did not think his client would be in objection to this request. Mr. Sparkman recommended approval. Motion was made by George Hewlett to recommend approval of PZ-45-79 subject to a 15 foot utility easement along Stirling Road; seconded by Ray Carvalho and passed unanimously. Mr. McLaughlin was advised to appear before the City Commission on December llth. 5. PZ-46-79 - Mr. Jernigan announced the agenda item: "PZ-46-79 - A variance is requested by Mr. & Mrs. Cereghino to allow an addition to a non-conforming use at 945 South Federal Highway, Lot 79, also known as Hitching Post Trailer Park, and legally described as the West 509 feet of the South 294 feet of the N'1F of the NW4 of the SE'at of Section 3, Township 51 South, Range 42 East, less the West 33 feet thereof, said lands situate, lying and being in Broward County, Florida; subject property being zoned C-3 (commercial) . Petitioner wishes to construct a cabana room as an addition to an existing mobile home." Mrs. Cereghino was present to represent this petition. Mr. Maxwell stated that when Ordinance 100 was written, there were no provisions for non-conforming uses; it precludes the Building Department from issuing permits on non-conforming uses. Mr. Carvalho stated that this portion of the ordinance should be revised to make allowances. Motion was made by Ray Carvalho to recommend approval of PZ-46-79; seconded by Charles DeMuzzio and approved unanimously. Mrs. Cereghino was advised to appear before the City Commission on December llth. 6. PZ-47-79 - Mr. Jernigan announced the agenda item: "PZ-47-79 - A variance is requested by Ocean Way Marina to allow the construction of an awning 80' by 20' , which does not meet the required setbacks of the assigned zoning district, for the property located at 1430 Griffin Road and legally described as Parcel "A" of Ocean Way Marina as recorded in Plat Book 88, Page 1, Broward Countylrecords. Subject property is zoned C-1 (commercial) accordinag to Broward County's zoning ordinance." Mr. Brian Dixon of Ocean Way Marina was present to represent this petition. Mr. Maxwell explained that the property is zoned C-1 by Broward County zoning ordinance, which requires a 25 foot setback; the awning has been constructed without a permit. Motion was made by Charles DeMuzzio to recommend approval of PZ-47-79; seconded by Ray Carvalho and passed unanimously. Mr. Dixon was advised to appear before the City Commission on December llth. Planning & Zoning Board 3 December 4, 1979 Regular Meeting 7. PZ-48-79 - Mrr_Jernigan..announced the agenda item:: "PZ-48-79 - A variance is requested by Richard Streeter to construct a commercial building with a side setback of five (5) feet; the proposed location being 25 South Federal Highway, legally described as Lots 13 and 14, Block 23, Town of Modelo (now Dania) , as recorded in Plat Book B, Page 49, Dade County Records. Subject property is zoned C-2 (commercial) ." Richard Streeter came forward to represent his petition; he stated that he would like to construct a commercial building and supply easy access to Federal Highway from the parking area in the rear. Mr. Maxwell recommended approval. Mr. Jernigan stated that a commercial building of this type would be an asset to the city of Dania. Motion was made by Charles DeMuzzio to recommend approval of PZ-48-79; seconded by George Hewlett and passed unanimously. Mr. Streeter was advised to appear before the City Commission on December llth. OLD BUSINESS 1. Mr. Ted Baldayga of Stutsman Associates was present to give a status report on Dania's proposed land use plan. He advised that it is now at the Broward County Planning Council and they will be holding public hearings on amendments to the County Land Use Plan, requested by City of Dania for Thursday December 20, 1979, and January 24, 1980, at 1 p.m.; the Council also scheduled a public hearing on certification of the Dania Land Use Plan for January 24, 1980, at 1 p.m; the Land Use Committee will meet on December 10 at 2 p.m. andlon January 14 at 2 p.m for the purpose of discussion of staff review of the amendments. NEW BUSINESS 1. Rescheduling of the next regular meeting of the Planning & Zoning Board (January 1, 1980); the Planning & Zoning Board rescheduled their next regular meeting for January 15, 1979, at 7:30 p.m. Meeting adjourned at 9:30 p.m. Planning & Zoning Board - 4 - December 4, 1979 Regular Meeting ILS