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HomeMy WebLinkAbout1980-02-05 Planning and Zoning Board Minutes 14INUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING FEBRUARY 5, 1980 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 Loretha Waiters The regular meeting of the Planning & Zoning Board was called to order by Skeet Jernigan, Chairman. Roll call was taken with all with all members being present. Motion was made by Charles DeMuzzio and seconded by Ray Carvalho to approve the minutes of the last regular meeting of January 15, 1980, as presented; motion passed unanimously. RECOMMENDATIONS TO CITY COMMISSION - Recommendations made at this regular meeting of the Planning & Zoning Board will be submitted to the City Commission meeting of February 12, 1980. 1. PZ-3-80 - Mr. Jernigan announced the agenda item: "PZ-3-80 - A special exception is requested by Frank Mirrer to allow a paint and body shop in a C-3 zoning classifi- cation for the property located at 1502 South Dixie Highway, legally described as Lot 11 & 12, McKenzie Eyster Addition." Mr. Frank Mirrer of 4121 Thomas Street, Hollywood, was present to present his petition; he submitted a proposed site plan and explained that a paint spray booth would be located within the existing building and parking will be provided on the adjoining lot; he pointed out that he has had a licensed auto repair business at this location since 1973 and has a current 1979-80 occupational license. Mr. Maxwell verified that Mr. Mirrer does have a current occupational license to operate an auto repair business from subject property. Mr. Kurt Ely of 245 SW 1st Avenue, Dania, came forward in objection to this special exception request. Mr. Ely questioned why this application was accepted. Mr. Maxwell stated that PZ-3-80 was filed on December 26, 1979, however, the previous application for this same property was not denied by the City Commission until January 22, 1980. Motion was made by Ray Carvalho to recommend denial of PZ-3-80; motion seconded by Charles DeMuzzio and passed unanimously. Mr. Jernigan advised Mr. . Mirrer to appear before the City Commission on February 12th. 2. PZ-4-80 - Mr. Jernigan announced Ae agenda item: "PZ-4-80 - A variance is requested to allow a screen room enclosure with insufficient setbacks by Gerald G. Simpson for the property located at 1437 Northwest Tenth Street, legally described as Lot 3, Block 3, Florian Isles Section 2, subject property is zoned RS-6000. Mary Westcourt, tenant at 1437 Northwest Tenth Street, was present to present this petition for Mr. Simpson. She explained that there is an existing concrete slab and roof which they desire to enclose; the existing structure is 15 feet from the water's edge. Mr. Maxwell stated that the petitioner simply wishes to screen in an existing structure, however, it does not meet the required setback; he recommended approval. Mr. Kurt Ely came forward in favor of this request. Luther Sparkman recommended approval of this variance request. Motion was made by Ray Carvalho to recommend approval of Variance Request PZ-4-80.. seconded by George Hewlett and passed unanimously. Mrs. Westcourt was advised to appear before the City Commission on February 12th. 3. PZ-5-80 - Mr. Jernigan announced the agenda item: "PZ-5-80 - A special exception is requested by Maurice Trembaly for the property located at 265 South Federal Highway, legally described as Lot 3, 4, 5 & the North 5 feet of Lot 6, Larsen's Subdivision, to allow a movie theater in a C-3 (commercial) zoning classification." Mr. Maurice Trembaly of 1611 Mayo Street, Hollywood, came forward to present his petition. He stated that he plans to show foreign films by world renown actors and directors,,which are works of art. Mr. Jernigan questioned parking; Mr. Maxwell stated that parking requirements sould be 1 space per each 5 seats in addition to 1 space for each 300 square feet in the remaining area of the business; from the site plan, which has been presented, there would not be enough parking. Mr. Trembaly explained that he would be seating 125 to 150, depending on what the fire inspector would allow. Mr. Trembaly stated he would have two preformances, one at 8 p.m. and the other at 10 p.m.; he plans to use parking spaces which are not in use when the other stores are closed. Mr. Maxwell explained that the zoning ordinance requires parking for each business. Mr. Trembaly stated that the films he will show are rated the same as American films, however, most are unrated; he stated that the Supreme Court has not ruled on what is considered pronography. Mr. Chuck McCartney, Editor for the Hollywood Sun Tattler, was present in favor of this request; he explained that the proposed movie theater is along the same lines as the Cinema Tech ,in the Coconut Grove section of Miami; they will be classic films. Nita Kenker of Broward Board of Public Art came forward in favor of this request; she explained that the type of films Mr. Trembaly wants to show are shown in many colleges. Edith Gilbert presented a petition signed by citizens of Dania in favor of this request. Kurt Ely of 245 Southwest First Avenue came forward in objection due to the location being adjacent to a residential and school area. Martin Gilbert, resident of Dania, stated that if films are being shown at night, he did not see the difference of what is being presented. Mrs. Waiters questioned if Mr. Trembaly would have films that would be suitable for a high school French class; Mr. Trembaly replied that some would be, however, others would not. Mr. Maxwell stated that the Board may want to make a specification as to the particular area in conjunction with this request or make any approvals for the petitioner only; parking requirements will have to be met before an occupational license can be issued. Mr. Jernigan stated that this could be a good opprotunity for Dania, however, Mr. Trembaly has not assured us completely. Mr. Dominic Colluci of 21 SE 2nd Street questioned if 8:00 and 10:00 p.m. would be the only times that movies would be shown and not in the afternoons; Mr. Trembaly stated that there would be no afternoon shownings with the exception of possibily Sunday afternoons. Mr. Sparkman recommended denial due to parking facilities and the proximity to residential property. Mr. Maxwell stated that if the request is considered, there should be some stipulations on the occupational license. Planning & Zoning Board 2 - February 12, 1980 Regular Meeting • • Motion was made by George Hewlett that request for special exception PZ-5-80 be recommended for denial motion seconded by Ray Carvalho and passed on the following roll call vote: Loretha Waiters - No Charles DeMuzzio - Yes George Hewlett - Yes Skeet Jernigan - No Ray Carvalho - Yes Mr. Trembly was advised to appear before the City Commission on February 12th. 4. PZ-6-80 - The agenda item was announced by Mr. Jernigan: "PZ-6-80 - A variance is requested by Roderick Daise to allow the construction of a single family residential addition within five feet of the side property line (subject property is zoned RS-6000, which requires a seven foot side yard setback, for the property located at 1006 NW Second Street, legally described as Lot 20, Block 2, Westmoreland Subdivision." Mr. Roderick Daise of 1006 NW loth Street was present to represent his petition; he stated that he wishes to construct an addition to the rear of his home and wishes to maintain the existing building setbacks. Mr. Maxwell recommended approval; it would be a hardship in construction if he had to meet the required setbacks. Mr. Sparkman recommended approval. Mr. Kurt Ely of 245 SW lst Avenue came forward in favor of this request. Motion was made by Charles DeMuzzio to recommend approval of PZ-6-80; seconded by Ray Carvalho and passed unanimously. Mr. Daise was advised to appear before the City Commission on February 12th. 5. Mr. Jernigan read the agenda item as it appeared on the addendum: "Clarification of approval for the plat of "Sea Aire No. 1"." Mr. Bob McLaughlin of McLaughlin Engineering was present to represent this item; he explained that the Planning & Zoning Board had originally approved this plat in 1977, however, Mr. Jernigan was not the chairman of the Planning & Zoning Board at this time, and also there were a couple of minor variations in two deminisions by a fraction of a foot. Mr. Maxwell stated that he was not with the City when this plat was approved and questioned if any right-of-way might be required for NE 7th Avenue. Mr. Sparkman recommended approval as presented. Motion was made by Charles DeMuzzio to approve the proposed plat of Sea Aire No. 1 as presented; seconded by Ray Carvalho and passed unanimously. 6. Mr. Jernigan announced the agenda item as it appeared on the addendum: "PZ-1-80 - Deferred from the last regular meeting of January 15, 1980 - A variance is requested by the Bank of Hallandale and Trust Company for the property located at 1990 Stirling Road, legally described as Lots 10, 11, 12 & 13, Block 2, Hollywood Beach Crest." Mr. Mark Campbell of 4833 Rabbit Hollow Drive, Boca Raton, was present to represent his petition; he explained that he built a sign according to the existing sign ordinance and that in the meantime, a new ordinance was passed limiting the square footage. Mr. Maxwell stated that the sign was construction to comply with the old sign ordinance, which was existing at the time; he recommended approval. Motion was made by Ray Carvalho to recommend approval of PZ-1-80 (with the request that Emerald Hills Branch be removed, if possible); seconded by George Hewlett and passed unanimously. Planning & Zoning Board 3 - February 5, 1980 Regular Meeting f Mr. Campbell was advised to appear before the City Commission on February 12th. Mr. Kurt Ely came forward and announced that DOT would be at the Americaip Legion to discuss FI.S. Highway No. 1 on February 6, 1980, at 12:00 p.m. Meeting adjourned at 9:30 p.m. Planning & Zoning Board - 4 - February 5, 1980 Regular Meeting