Loading...
HomeMy WebLinkAbout1980-12-02 Planning and Zoning Board Minutes MINUTES DANIA PLANNING & ZONING BOARD REGULAR MEETING DECEMBER 2, 1980 7 :30 P.M. MEMBERS PRESENT OTHERS PRESENT Skeet Jernigan, Chairman Luther Sparkman, Zoning Consultant Charles DeMuzzio, Vice Chairman Ray Carvalho George Hewlett Loretha Waiters 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 November 5, 1980, and the workshop meeting of November 18 , 1980, as presented; seconded by Ray Carvalho and passed on a unanimous roll call vote with all members being present. 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 9, 1980. 1. PZ-38-80 - Mr. Jernigan announced the agenda item: "PZ-38-80 - Request is made by Robert P. Legg for plat approval on the property generally located 669 feet east of Ravenswood Road and legally described as the West 132 feet by 330 feet of the South of the SE4 of the SWa of the SWa of Section 33 , Township 50 South, Range 42 East, said lands situate lying and being in Broward County, Florida. Subject property is zoned M-1 (indus- trial) . " Mr. Robert Legg was present to represent this petition. Mr. Legg explained that the subject property is located between Ravenswood Road and I-95 along Stirling Road. There is a 55 foot road dedication along the north property line for Stirling Road and also a 10 foot utility easement. Mr. Jernigan requested Mr. Legg to relay the Planning & Zoning Board' s desire, to preserve the existing trees as much as possible upon construction, to the owner of the property. Luther Sparkman recommended approval of request for plat approval PZ-38-80. Motion was made by Ray Carvalho to recommend approval of request for Plat Approval PZ-38-80 for the proposed plat of "Stirling Professional Center" ; seconded by George Hewlett and passed unanimously. Mr. Jernigan advised Mr. Legg that the Planning & Zoning Board was a recommending board and that he should appear before the City Commission on December 9, 1980, for their decision. 2. PZ-39-80 - Mr. Jernigan announced the agenda item: "PZ-39-80 - Request is made by Saverio Belotti for a variance on the property located at 269 Southwest Sixth Street, legally described as Lot 17 , Dania Heights Addition, to allow the construction of a carport with an insufficient side yard setback. Subject property is zoned RD-6000 (duplex) , which requires a seven foot side yard setback. " Mr. Belotti ' s neighbor came forward with Mr. Belotti because Mr. Belotti cannot speak. He explained that Mr. Belotti wishes to construct a carport with an insufficient side setback. Mr. Sparkman recommended approval subject to the proper plans submitted to the Building Department and required permit. Motion was made by George Hewlett to recommend approval of Variance Request PZ-39-80; motion seconded by Ray Carvalho and passed unanimously. Mr. Jernigan advised Mr. Belotti that the Planning & Zoning Board is a recommending board and that he should appear before the City Commission on December 9, 1980, for their decision. 3. PZ-40-80 - Mr. Jernigan announced the agenda item: "PZ-40-80 - Request is made by Joseph and Angela Benante for a variance on the property located at 326 Northeast Fifth Avenue, legally described as Lot 1 , Royal Palm Vista First Addition, to allow the construction of a canvas top carport with insufficient setbacks. Subject property is zoned RS-6000 (single family residential) . " Mrs. Benante came forward to represent this petition. After a discussion by the Board, Mr. Sparkman recommended that this variance request be approved with the canvas carport being 6" inside the property line from the sidewalk. Motion was made by Charles DeMuzzio to recommend approval of Variance Request PZ-40-80 with the stipulation that the carport shall not be closer than 6" from the sidewalk; seconded by Ray Carvalho and passed unanimously. Mr. Jernigan advised Mr. & Mrs. Benante that the Planning & Zoning Board is a recommending board and that they should appear before the City Commission on December 9, 1980, for their decision. 4 . PZ-41-80 - Mr. Jernigan announced the agenda item: "PZ-41-80 - Request is made by Penthouse Cinemas, Inc. for a special exception use on the property located at 2204 North Federal Highway, legally described as Lots 27 , 28, 29 and 30, Block B, Richland Little Farms, to allow a movie theatre in a C-4 (commercial) zoning classification. " Mr. A.J. Ryan, Attorney, was present to represent this petition. Mr. Ryan explained that his client wishes a special exception use to to obtain a license for a movie theatre in a C-4 zone. Mr. Jernigan questioned Mr. Ryan concerning the large lobby area on the submitted floor plan. Mr. Ryan explained that it is an existing structure, and that is the amount of room for the lobby. Mr. Jernigan questioned the large kitchen area; Mr. Ryan stated that it is the existing kitchen area. Mr. Jernigan questioned what type of movies would be shown; Mr. Ryan stated that they would probably be adult movies. - Mr. Jernigan questionedif Mr. Ryan' s client would object if the special expection were approved with a stipulation that no X-rated movies be shown. Mr. Ryan replied that his client would object, and that it was a form of censorship. Mr. Sparkman stated that the parking spaces shown on the west side of the property along Federal Highway could not be used; you cannot back out into the highway; and that the parking spaces did not seem to be to scale. He further stated that the parking area should show traffic flow and proper dimensions, The required parking space is 10 ' x 2QI . Also, no landscaping is shown on the submitted site plan. Planning & Zoning Board - 2 - December 2, 1980 Regular Meeting The Planning & Zoning Board discussed their concern for the types of movies that may be shown. Mr. Ryan requested a short recess so that he could confer with his client. Mr. Jernigan called for a short recess. Upon Mr. Ryan' s return,the meeting was called to order once more by Mr. Jernigan. Mr. Ryan stated that he did not think it was the purpose of the Planning & Zoning Board to regulate what type of movies would be shown, but that it was to the movie goers' conscience. Mr. Ryan explained that his client has time limitations concerning the purchase of the property and asked if there would be any time which the Board could review a revised site plan before the regular January meeting. Mr. Jernigan advised Mr. Ryan that the Planning & Zoning Board has no plans to meet before January. Mr. Jernigan stated that he did not feel that the Planning & Zoning Board could give approval of something which was incomplete (site plan) . Mr. Jernigan again questioned the large lobby area and asked is anything else would be conducted in this area; Mr. Ryan replied that there would not be any extra activities in the lobby area. Mr. Jernigan stated that there should be no liquor served on the premises, no food except that which is normally served in a legitimate theater, and no movies be shown except those rated by an organized movie association. Mr. Ryan replied that there are no intentions of serving alcohol; there will be no live entertaimmnet; his client has no objection to serving food that the Florida Theater across from the Hollywood Mall serves; and that he would object to movie ratings, that is censorship. Mr. Jernigan expressed his concern for things which go on in the city because the city does not have the physical resources to correct. Mr. Ryan stated that if that was the desire of the majority of the board, there would be no reason to bring back a revised site plan next month. Motion was made by Ray Carvalho to recommend denial of Special Exception Request PZ-41-80; motion seconded by Charles DeMuzzio and passed unanimously. Mr. Jernigan advised Mr. Ryan that the Planning & Zoning Board is a recommending board and that he should appear before the City Commission on December 9, 1980, for their decision. OLD BUSINESS 5. Proposed Landscape Ordinance - Mr. Jernigan stated that due to illness he was unable to put the proposed landscape ordinance together for this meeting. Motion was made by George Hewlett to have Mr. Jernigan compile the proposed landscape ordinance for presentation to the City Commission in January; seconded by Loretha Waiters and passed unanimously. Motion made by Ray Carvalho to ajourn at 8 :45 p.m. ; seconded by George Hewlett and passed unanimously. Planning & Zoning Board - 3 - December 2 , 1980 Regular Meeting