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HomeMy WebLinkAbout1980-05-06 Planning and Zoning Board Minutes WOR MINUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING MAY 6, 1980 7 :30 P.M. MEMBERS PRESENT OTHERS PRESENT Charles DeMuzzio, Vice Chairman Luther Sparkman, Zoning Consultant Ray Carvalho Paul Maxwell, Building Official George Hewlett I MEMBERS ABSENT Skeet Jernigan Loretha Waiters The roll call was taken with Ske-et .Jernigan and Loretha Waiters being absent. The Meeting was called to order by Mr. DeMuzzio. Motion was made by Ray Carvalho to approve the minutes of the last regular meeting of April 1, 1980; seconded by George Hewlett 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 Commmission meeting of May 13, 1980. 1. PZ-13-80 - Mrd Sparkman announced the agenda item: "PZ-13-80 - This item was deferred from the last regular meeting of the Planning & Zoning Board of April 1, 1980 - Request is made by Gerard V. Miller for a variance and special exception on the property located at 300 South Federal Highway, legally described as follows: Commencing at the Southeast corner of the NE4 of the NE4' of the NW4 of Section 3, Township 51 South, Range 42 East; thence, running 100 feet South parallel on the West side of County Rock Road to a certain stake set; thence, West 110 feet; thence North 100 feet; thence East 110 feet to the point of beginning, Excepting therefrom the East 33 feet of said tract which has been conveyed to Broward County, Florida, for use as a public road, said lands situate, lying and being in Dania, Broward County, Florida. A special exception is requested for an enclosed vehicle service .establishment in a C-3 (commercial) zoning classification, and a variance is requested for the required rear yard setback. " Gerard Miller of 14041 Southwest 37 Court, Davie, was present to represent his petition. Mr. Miller presented a revised site 'plan to the Board and explained that he wishes to renovate the existing structure and construct an addition; he further explained that he was requesting a variance in order to construct the addition within five (5) feet from the property line to keep it in line with the existing building and a variance on the required parking. Mr. Maxwell stated that he did talk to Mr. Miller, however, this is the first time he has seen the revised plan. Mr. Miller explained to the Board that his business is not a type of business where people come in and park; most of his customers leave their cars for service. Luther Sparkman advised Mr. Miller that he should have had his plans submitted previously so that they would be available for review. Mr. Sparkman recommended approval. Mr. Maxwell recommended approval with landscaping as presented on the submitted plan. Kurt Ely came forward in objection to this request due to the fact that no plans were on file when he came to City Hall at 5:00 p.m. today. Motion was made by Ray Carvalho to recommend approval of PZ-13-80 as long as all city ordinances are complied with and in accordance with the submitted site plan; seconded by George Hewlett; Mr. Kurt Ely urged a defeat of the motion because they do not have a set of plans 'as to what the petitioner is going to do. A roll call vote was taken of the motion with unanimous recommendation for approval. Mr. Miller was advised to . appear before the City Commission on May 13, 1980. 2. PZ-16-80 - Mr. Sparkman announced the agenda item: "PZ-16-80 This item was referred back to the Planning & Zoning Board by the City Commission at their regular meeting of April 8 , 1980 - Rezoning is requested by Gnomes, Inc. for the property generally located between Southeast Eighth Street and Southeast Tenth Street; legally described as Block 1 & 2, Central Dania Heights, from RS-6000 (single family residential) to RD-6000 (duplex) . " Mr. Sparkman read a letter from Gnomes Incorporated dated May 2, 1980, which was sent to the Planning & Zoning Board Members: "May 2, 1980 RE: Re-zoning of SE 2 through 3 Avenues and SE 8 through 10 Streets "Twin Homes" We hereby request a deferment from the hearing with the Zoning and Planning Board scheduled for Tuesday, May 6, 1980. We would like our hearing to be postponed until your July session because of a misunderstanding in the city procedures regarding the deferment of our case before the Zoning and Planning Board. The postponement will provide us with sufficient time to meet with the members of the Meadow- brook Condominium Association, as previously agreed at our hearing with the Commission on April 8 , 1980. Yours truly, GNOMES, INC. Ray L. Cue /s/ General Manager" Mr. Neil Shaffler, Attorney, was present to represent Gnomes., Inc. Mr. Shaffler explained that at the Planning & Zoning Board Meeting of April 1, 1980, the Board recommended denial of their application for rezoning; on April 8 , 1980, they appeared before the City Commission, at which time the City Commission referred the matter back to the Planning & Zoning Board. Mr. Shaffler explained that the petitioner would like more time in order to set up a meeting with the Meadowbrook Lakes Condominium Association to give them the assurances that the project will be compatible with the surrounding neighborhood; "we hope we will have all the questions • resolved by the July meeting; we feel it is important to meet the desires of the surrounding property owners. " Motion was made by George Hewlett to defer PZ-16-80 until the regular meeting of July 1, 1980; seconded by Ray Carvalho and passed unanimsouly. .Mr. Shaffler questioned if it could be heard at the June meeting if they were prepared by that time; Mr. Maxwell advised him that they should advise the Building & Zoning Department by May 15, 1980, in order to be placed on the agenda. Planning & Zoning Board - 2 - May. 6, 1980 Regular Meeting a 3 . PZ-17-80 - Mr. Sparkman announced the agenda item - "PZ-17-80 - A variance is requested by RJ' S Hoagies, Inc. for the property located at 23 Southwest First Street, legally described as Lots 22 and 23 , less the West 4 feet for street, Block 22, Town of Modello (now Dania) subdivision, as recorded in Plat Book B, Page 49, Dade County records, situate in Dania, Broward County, Florida, to allow a restaurant with insufficient parking; subject property is located in a C-2 (commercial) zoning classification. " Dennis Smith, with the law firm of Tripp Conklin was resent to S PP P represent RJ' S Hoagies, Inc. Mr. Smith explained to the Board that their business is presently being conducted on the premises as a take-out business; petitioner wishes to expand with a dining room in the store adjacent to the present business and that the majority of their business between the hours of 11: 00 a.m, and 2 : 00 p.m. is that of a walk-in trade, and that after 5 : 00 p.m. there will be ample parking from the remaining stores in their shopping center which close between 5 : 00 p.m. and 6 : 00 p.m. Mr. Smith presented written consent letters from various surrounding business owners (these letters have been entered into the permanent file for PZ-17-80) . Mr. Smith explained that there are currently 15 parking spaces for the shopping center with several other spaces along the street nearby (Mr. Hewlett indicated that he only counted 10 parking spaces) . Mr. Sparkman recommended approval. Mr. Maxwell stated that it is an existing building and they are trying to comply with the intent of the ordinance; he recommended approval. Mr. John Vollmann of 337 Southeast Third Place came forward and stated that the entrance and exit from the subject parking lot dropped off, and that this condition should be corrected. Mr. Kurt Ely of 245 SW 1st Avenue came forward and stated that the petitioner has kept this property clean and he will be taking a vacant store in Dania; he felt this petition for variance on parking requirements should be granted. Motion made by George Hewlett to recommend approval on PZ-17-80 subject to the curb being corrected to city specifications and that the parking spaces be lined; seconded by Ray Carvalho and passed unanimously. Mr. Smith was advised to appear before the City Commission on May 13th. 4 . PZ-18-80 - Mr. Sparkman announced the agenda item: "PZ-18-80 - a variance is requested by RJ'S Hoagies, Inc. for the property located at 23 Southwest First Street, legally described as Lots 22 and 23, less the West 4 feet for street, Block 22, Town of Modello (now Dania) sub- division, as recorded in Plat Book B, Page 49, Dade County records, situate in Dania, Broward County, Florida, to allow consumption on premises of beer and wine in conjunction with a restaurant within 1, 000 feet from a church; subject property is zoned C-2 (commercial) . " Dennis Smith also represented this variance request for RJ' S Hoagies. He explained that they presently have an off premises license for beer and wine; however they now wish consumption on premises and they are located within 1, 000 feet from a church; he further stated that there are presently three or four businesses with consumption on premises, which are within 1, 000 feet from the same church. Mr. Kurt Ely came forward in favor of this variance request. Mr. Sparkman recommended approval. Mr. Maxwell stated that it is up to the discretion of the Planning & Zoning Board, however, in all other aspects they are in compliance for consumption on premises. Planning & Zoning Board -3- May 6, 1980 Regular Meeting Motion was made by Ray Carvalho to recommend approval of PZ-18-80; seconded by George Hewlett and passed unanimously. Mr. Smith was advised to appear before the City Commission on May 13th. OLD BUSINESS Mr. Maxwell advised the Board that the Dania Land Use Plan will go before the County Commission in June or July; it is presently at the County Attorney' s office. The Building Department supplied the Board members with a copy of a proposed ordinance which has been approved on first reading, amending p PP the C-3 zoning classification in reference to enclosed vehicle service establishments. NEW BUSINESS Mr. Jernigan had called the Building Department and requested that the next regular meeting of the Planning & Zoning Board be rescheduled; however, since applicants have already been advised of meeting dates, and Mr. Carvalho will be on vacation as of May 9th, it was unanimously decided to retain the regular meeting date of June 3rd. Meeting adjourned at `9:'00, p.m. Planning & Zoning Board - 4 - May 6, 1980 Regular Meeting