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Home My WebLink AboutR-2009-066 Atlantic Truck Variance (William Bigger) RESOLUTION NO. 2009-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY WILLIAM B.BIGGER III,CCIM, FROM CHAPTER 28,"ZONING"ARTICLE 28.120,SIGN RESTRICTIONS FOR INDUSTRIAL AREAS FOR PROPERTY LOCATED AT 2541 STATE ROAD 84, IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances, Chapter 28, "Zoning",Article 28.120, prescribes the signage regulations for industrial areas within the City of Dania Beach; and WHEREAS,William B.Bigger III,CCIM,has applied for a variance(VA-13-09)to allow a monument sign four(4)feet from the street property line and 13 feet from the eastern side property line (Chapter 28, "Zoning",Article 28.120 requires a minimum five(5) foot setback from property lines adjacent to the street and 25 feet from any side property line)for property located at 2541 State Road 84 in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on April 15, 2009,recommended that the City Commission grant the variance request VA-13-09,based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That application VA-13-09, for the variance described above from requirements in Chapter 28, "Zoning", Article 28.120 of the City of Dania Beach Code of Ordinances, a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 28, 2009. 1.yw�„ �oa�r.CS ANNE CASTRO MAYOR—COMMISSIONER ATTEST: oy�a4'D's FIRST cry m� LOUISE STILSON, CMC , CITY CLERK APPROVED AS T AND CORRECTNESS: Ki—, /7 THOM J. AMEFRb CITY ATTORNEY 2 RESOLUTION#2009-066 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (934)924-6805 Phone www.daniabeachfl.gov General Development Application O Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request QI ❑ Rezoning a ([�{(E,� (i�` {{� Date Reed; V O O Site Plan u`=•�y�uo I� Q ❑ Special Exception Petition No.: V ❑ Trafficway Waiver MAR �. 2 2009 ❑ Variance ❑ Roadway Vacation Planning •o Extended: Hours Department THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and %Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Departrnent. Location Address: ow 41 r)eL `I Logs): Block; 1v�� Subdivision: Recorded Plat Name: .KhE //4k10vf/h 4 r,,_,�p lke l� ,pp Folio Number(s):"0 dO 41 OO) P Legal Description: JTfpwE,f1d 1141a.a787Zrct�(J Applicant/Consultant/Legal Representative(circle one) IVI��t"Ix^I /J UfQPG Address of Applicant: Business Telephone: Home: Fax: Name of Property Owner: WLIi("_ - PfQlf Address of Property Owner: 6 6 Sl1 N O00;*( pK i'`fd y ( G k*J JJ PL 33011 fib Business Telephone: Z9/�c (� A Home: M- H-/119 Fax: 7 Lt -�a/' 9S�21 Explanation of Request: Va rZi 0 At*' For Plats please provide proposed Plat Name for Vailaaces please attach Criteria S&tement as per Amide 10.13 of Lriapter 28,Zoning Cade. Prop. Net Acreage: Gross Acreage: Prop. Square footage: 7 g t ql R EAsting Use:l'" L owt' Proposed Use: "12WIV Is property owned individually, by a corporation, or a joint venture? !�?7 I n e t site plan and variance approval automatically expires within 12 o t mission approval, purs,Itar�to Ordinance No. 2005- 0. pp Ica t/ ner s ture Print Name Date APPLICANT, CONS NT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed ore me Applicant/Consultant/Representative: Thl y olaq DLdtCS Jose A Santiago Signature: _ ,---.- Mv Commasion DD507888 �Or Expires 0v+7n0t0 Date: d ;7 l0 9 Toss ,A SX.ZIT,-',If Gv Sign Name of Notary Public (Print Name) State of( FZ OX W f Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to male and file the aforesaid applicatlon. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. William B. Bigger, III P O Box 280 FL Lauderdale, Florida 33302 March 26,20W -- -- City of Dania Beach 100 West Dania Beach Boulevard MAP 3 0 1009 Dania Beach,Florida 33304 RE: Signage 2541 State Road 84,Dania Beach, Florida P l r. l n g Department To Whom it May Concern: 11 regards to my application for a variance of setback,the history of my efforts to return siguage on the above referenced property is as follows. Last year at the request of the City,and in conjunction with the new signage code eliminating pole signs in the City of Dania Beach,I removed two of the pole signs and rewired the retraining existing 25 foot which has high hoer on the property f� p party or over 30 years, The rewiring included running a 2 foot deep trench for the new wiring, in regards to modifying the existing sign,I have contacted McNeil Sign in order to duplicate the RPM monument sign just west of our property which fits within the new zoning code. I have made two applications with the City since the I'of the year. Both applications have been rejected, the latest because of the easements between the sign and the property line which is less than required by the new code. I have also had a great deal of expense which includes engineering an 8 by 14 foot pad for the existing sign as well as several thousand dollars of architectural work on the project. As of this data I have expended$16,533.00 to modify the existing sign to meet with the code requirements. I was recently notified by Atlantic Truck,our tenant,that they will be vacating the property in April and therefore it is extremely important that I move ahead in providing new signage as quickly as possible in order to attract a new tenant to the property i therefore would like to request that the City.provide a variance on the setback requirements so that I can complete the lowering of the existing signage and retemant the property during this very difficult time. I an6cdpate that it may take up to a year to obtain a new tenant for the property and therefore face a great hardship in regards to redoing the sign and maintaining the property and paying debt service during this recession. I would like to thank you for your consideration in regards to my Marina Mile property, S' ly B.Bigger,