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HomeMy WebLinkAbout1980-06-03 Planning and Zoning Board Minutes MINUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING JUNE 3, 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 Loretha Waiters MEMBERS ABSENT Skeet Jernigan The regular meeting of the Planning & Zoning Board was called to order by Mr. DeMuzzio. Roll call was taken with Skeet Jernigan being absent. Motion was made by George Hewlett to approve the minutes of the last regular meeting of May 6 , 1980, as presented; motion was 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 June 10, 1980 1 . PZ-19-80 - Mr. DeMuzzio announced the agenda item: "PZ-19-80 - A variance is requested by Howard Hirsch d/b/a House of Hirsch Antiques, Inc. for the property located at 75 North Federal Highway, legally described as Lots 1, 4 & 6 , and the East 30 feet of Lots 2 & 3 , Block 13 , Town of Modelo (now Dania) according to the plat thereof as recorded in Plat Book B, Page 49, of the public records of Dade County, less the East 8 feet of said lots as deeded for highway right-of-way; said lands located in the City of Dania, Broward County, Florida, to allow the construction of a storage addition to an existing business with insufficient parking requirements; property is zoned C-2 (commercial) . " Mr. Sparkman advised that due to the fact that Mr. Hirsch is a city commissioner, he felt he did not wish to appear at this meeting, and that he requested Mr. Sparkman to represent his petition. Mr. Maxwell explained that there were actually more parking spaces than required on the existing building, however, Mr. Hirsch wishes to construct a storage building in the rear, which will eliminate some of the parking spaces and cause the parking spaces to be short by approximately 4 spaces with the proposed addition; he explained that 23 parking spaces will be provided and that everything else on the proposed site plan complies with the zoning regulations. Mr. Sparkman stated that the surrounding business, etc. use Mr. Hirsch' s parking lot more than his business does. Mr. DeMuzzio read a letter which was received from the First Baptist Church: "'June 2', 1980 City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 3 Attention: Mr. Richard Jernigan, Chairman Planning & Zoning Board Regards: Variance request by House of Hirsch Antiques, Inc. Dear Mr. Jernigan: I am aware of a variance request that is to be presented to your board on June , 3 , 1980, by the House of Hirsch Antiques, Inc. I have in my pos- session a copy of the building plans as proposed by Mr. Hirsch. Though I do not speak officially for the entire membership of First Baptist Church of Dania, this is to advise your board that I offer no objections to the proposed building by Mr. Hirsch. I am sure that the building will be a complement to the environs of the community. We all know that Mr. Hirsch is vitally interested in his own business affairs but, at the same time, equally concerned about the City of Dania and its continuing image for beauty and progress. Whereas insufficient parking requirements may be a matter of concern to your board, please be advised that there is a gentleman' s agreement between Mr. Hirsch and the First Baptist Church of Dania for sharing parking lots during business days and Sundays. This agreement has been satisfactorily maintained for a number of years and there is no reason to believe that the arrangement will not continue in the years ahead. I 'm sure that the board will agree that the plans for the House of Hirsch Antiques, Inc. for expansion will be a benefit to Mr. Hirsch personally but also to the community as a whole. Sincerely yours, /s/ Paul Faircloth PF/tf No one was present in objection to this variance request. Motion was made by George Hewlett to recommend approval of Variance Request PZ-19-80; seconded by Ray Carvalho and passed unanimously. Mr. DeMuzzio advised Mr. Sparkman to notify Mr. Hirsch to appear before the City Commission on June loth. 2. PZ-20-80 - Mr. DeMuzzio announced the agenda item: "PZ-20-80 - A variance is requested by Dennis B. Campanaro for the property located at 11 Southeast 14 Street, legally described as Lot 4 , Block 1, St. James Park North to allow the construction of a duplex on a lot of insufficient width; subject property is zoned RD-6000 (duplex) . " Madelyn Pacella, Mr. Campanaro' s Aunt, was present to represent his request. " She presented an existing survey of the property; she explained that he is not certain what he wants to do at this time, but that he would like to have a variance so that he may use this lot as a duplex lot; the lot is over the required square footage, however, lacks the required width. Mr. Maxwell explained that the lot is over the required square footage, however, has only 50 foot frontage; they would have to meet all building and zoning codes; the parking could be off the alley. Mr. Sparkman recommended that this item be tabled until the they come back with a site plan. Motion was made by Ray Carvalho that PZ-20-80 be postponed until the Planning & Zoning Board' s meeting of July 1, 1980; seconded by George Hewlett and passed unanimously. Mr. DeMuzzio advised Ms. Pacella to appear before the City Commission on June loth. Planning & Zoning Board - 2 - June 3, 1980 A 3 . PZ-21-80 - Mr. DeMuzzio announced the agenda item: "PZ-21-80 - A variance is ,requested by John H. Waite for the property located at 1425 Northwest Ei�ghth. Street, legally described as Lot 15, Block 4 , Florian Isles Third Section to allow an addition to a single family residence within five (5) feet of the side property line; subject property is zoned RD- 6000 (single family residential) . " Mr. Waite was present to represent his petition; he explained to the Board that he wished to construct an addition to his single family residence and maintain the setback of the existing structure; that being 5 feet. No one was present in objection or in favor of this variance request. Mr. Maxwell explained that the petitioner wishes to square-off his building; otherwise he would have to build the addition with a 2 foot recess. Mr. Sparkman recommended approval . Mr. DeMuzzio advised that he talked to the next door neighbor, and he has no objections. Motion was made by George Hewlett to recommend approval of Variance Request PZ-21-80; seconded by Loretha Waiters and passed unanimously. Mr. DeMuzzio advised Mr. Waite to appear before the City Commission on June loth. 4 . PZ-22-80 Mr. DeMuzzio announced the agenda item: "PZ-22-80 - A variance is requested by Carl C. & Maxine L. Ritter for the property located at 266 Southwest Eighth Street, legally described as Lot ' 6 , Block 1, Dania Homesites as recorded in Plat Book 28 , Page 40, Broward County records, to allow the construction of a second living unit on an existing single family residence on a lot of insufficient width; subject property is zoned RD-6000 (duplex) . " Maxine Ritter came forward to represent this petition; she stated that she would like to construct a second unit on to her existing residence. She explained that she has ample room for parking in the rear off the alley. Mr. Maxwell stated thatshe has presented a plot plan and there is room in the rear for parking rather than the front. No one was present in objection or in favor of this variance request. Mrs. Ritter stated that he has two trees in the rear yard and she will have to remove one tree; 'she stated that she has planned on replacing it with three banana trees. Mr. Carvalho stated that a banana tree was not actually a tree but a bush. Motion was made by Ray Carvalho to recommend approval of PZ-22-80 with the stipulation that the removal of the existing grapefruit tree must be replaced with another tree and not banana trees; seconded by George Hewlett with the additional stipulation that the parking be in the rear off the alley; motion passed unanimously. Mrs. Ritter was advised to appear before the City Commission on June loth. 5 . PZ-23-80 - Mr. DeMuzzio announced the agenda item: "PZ-23-80 - A variance is requested by Leonard H. Phillips for the property located at 229 Southeast Fourth Terrace and legally described as the East 60 feet of the West 440 feet of the South one-half of Block 5, Hollywood Center Amended, to allow a screen pool enclosure with insufficient rear and side yard setbacks. Subject property is zoned RS-6000 (single family residential) . " Leonard Phillips was present to represent his petition . Mr. DeMuzzio explained that Mr. Phillips has a concrete fence around his property, and the screen room addition will go inside this fence. No one was present in objection or in favor of this request. Planning & Zoning Board 3 - June 3, '1980 Mr. Maxwell stated that the enclosure is proposed to be 4 feet from one side property line and 7 feet from the rear property line; 15 feet is the required setback in the rear and 7 feet on the side. The existing fence is properly installed on the property. Mr. Phillips advised that he did check with Florida Power & Light Company for any possible utility easements upon his property, and he was advised that there were none. Mr. Maxwell recommended approval. Mr. Sparkman recommended approval. Motion was made by Loretha Waiters to recommend approval of Variance Request PZ-23-80; seconded by Ray Carvalho and passed unanimously. Mr. Phillips was advised to appear before the City Commission on June loth. 6. PZ-24-80 - Mr. DeMuzzio announced the agenda item: "PZ-24-80 - A special exception is requested to allow an enclosed environmental recycling center in a C-3 (commercial) zoning classification; subject property located at 118 Northwest Park Street and legally described as Lots 6, 7 and the West 15 feet of Lot 8 , Block 14 , Town of Dania; request is made by Michael C. Brody. " Michael Brody of 2251 Chestnut Court, Pembroke Pines, was present to represent this petition; he explained that his business is not an ordinary scrap metal business; everything is containerized, nothing is on the ground, everything will be inside; they will be using alunimum, metal, glass, etc. ; there will be no shredding and very little noise in the operation. They have no plans for enlarging the present building. Approximately 2 tractor-trailers will come in a week. All the trailers and silos which are presently on the property will be taken off the property. Most of the unloading will be done on the east side by the post office and the loading will be on the west side. One trailer will be on the premises at all times. Working hours will be from 8 : 00 a.m, to 4 :30:p.m. and possibly a half-day on Saturday. No one was present in favor or in objection to this special exception request. Mr. Maxwell stated that any type of scrap yard should not be allowed, except in an enclosed building. Mr. Sparkman stated that the subject property is buffered by the railroad and the post office, however, if this request were approved, there should be provisions. Motion was made by Ray Carvalho to recommend denial of Special Exception Request PZ-24-80; seconded by George Hewlett and passed unanimously. Mr. Brody was advised to appear before the City Commission on June loth. 7 . PZ-25-80 - Mr. DeMuzzio announced the agenda item: "PZ-25-80 - A special exception and variance is requested by Daniel Carvalho representing Raymond Carvalho for the property legally described as the North 90. 92 feet of Lot 11 less the east 7 feet and less 15 foot radius arc located at the northeast corner and the north. 90. 92 feet of Lot 12, Block 48 , North Holly- wood Subdivision. A special exception is requested to alow multi-family in conjunction with. commercial; and a variance is requested for the required side yard setback; subject property is zoned C-3 (commercial) . Subject property is generally located at the southwest corner of Southwest Tenth Street and South. Federal Highway. " Daniel Carvalho was present to represent this request; he explained that they wish a special exception to allow multi-family (a total of 4 units) on the second floor of commercial and a variance for the required side yard setback. Mr. Maxwell explained that the C-3 zoning does not allow over one living unit and that the variance for the side yard setback is on the street side; the required side yard is 0 or 10 feet, and that the intent of the ordinance is to provide enough space between buildings. Planning & Zoning Board - 4 - June 3 , 1980 No one was present in objection or in favor of this request. Mr. Sparkman recommended approval of both the special exception request and the variance request. Motion was made by George Hewlett that Variance Request PZ-25-80 be recommended for approval; seconded by Loretha Waiters and passed on the following roll call vote: Loretha Waiters - Yes George Hewlett - Yes Ray Carvalho - Abstained Charles DeMuzzio- Yes A motion was made by George Hewlett to recommend approval of Special Exception Request PZ-25-80; seconded by Loretha Waiters and passed on the following roll call vote: Loretha. Waiters - Yes George Hewlett -- Yes Ray Carvalho - Abstained Charles DeMuzzio - Yes OLD BUSINESS Mr. Ted Baldyga of Stutsman Associates was present to discuss Dania' s Comprehensive plan and hold a public hearing on the following elements: THE HOUSING ELEMENT - THE TRAFFIC AND CIRCULATION ELEMENT - THE GENERAL SANITARY SEWER, SOLID WASTE, DRAINAGE AND POTABLE WATER ELEMENT - THE UTILITY ELEMENT - THE RECREATION AND OPEN SPACE ELEMENT - THE CONSERVATION AND COASTAL ZONE PROTECTION ELEMENT - THE INTERGOVERNMENTAL COORDINATION ELEMENT - THE HISTORICAL PRESERVATION ELEMENT The purpose of this meeting is for any comments on these elements; the elements will be given to the review agencies, which have 60 days for review. Mr. Baldyga further advised that the Land Use Element is scheduled for final review on July 16, 1980, at 10: 00 p.m. Once the comments come back from the County Commission, the City Commission will hold a public hearing; after that the land use element and the other elements may be adopted. Mr. Maxwell pointed out that the City just meets the open space requirements as set forth by the County; Mr- Baldyga further explained that if the City were to lose,for example, a school, the City would have three years to replace that open space. The Planning & Zoning Board made the recommendation that amendments be filed to change Federal Highway to 106 feet of right-of-way and West Dania Beach Boulevard to 70 feet on the traffic ways plan. Motion was made by Ray Carvalho to recommend approval of all the elements of the comprehensive plan as presented (Elements 2 through 10) ; seconded by Loretha Waiters and passed unanimsouly. NEW BUSINESS Mr. Carvalho advised the Planning & Zoning Board that he has received at least 50 phone calls in reference to the planes flying overhead and what can be done; he called Bill Meyers at the airplanes and Mr. Meyers assured him that the planes will not fly over Dania again. Mr. Carvalho also questioned why our noise ordinance could not be enforced for airp*tines Luther Sparkman stated that airplanes are under FAA jurisdiction. Mr. Maxwell advised that there is a federal study on noise corridor and that there is a special building code for these areas. Meeting adjourned at 9:15 p.m. Planninq & Zoninq Board - 5 - June 3, 1980