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HomeMy WebLinkAboutR-2009-145 North Trail Variances RESOLUTION NO. 2009-145 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUESTS SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS &BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC, FROM CHAPTER 28,"ZONING",ARTICLE 28,"SIGNS"AND ARTICLE 6.21, "OFF-STREET PARKING"AND THE ZONING APPENDK ARTICLE V"OFF- STREET PARKING REQUIREMENTS",FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning" Article 28, prescribes the signage regulations within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21, prescribes the off-street parking regulations within the City of Dania Beach; and WHEREAS,the Dania Beach Code of Ordinances,Article V ofthe Zoning Appendix("Off- Street Parking"),requires all parking areas to be hard surfaced for properties located within the City of Dania Beach; and WHEREAS,Stephen Tilbrook,Esquire with the firm Shutts&Bowen LLP,representing the property owner,Alan Grosman of 4300 Ravenswood,LLC,has applied for the following variances: VA-22-09 - 1. To allow 2 monument signs(Chapter 28, "Zoning"," Signs"-Article 28.120 permits one (1)monument sign); 2. To allow a monument sign to be 35' tall(Chapter 28, "Zoning", "Signs"-Article 28.120 permits a maximum height of 15'); and 3. To allow a monument sign to be 100 square feet in area(Chapter 28, "Zoning","Signs' - Article 28.120 permits a maximum sign area of 32 square feet); VA-23-09 - 4. To provide 50 parking spaces (Chapter 28, "Zoning', "Supplemental Use Regulations" - Article 6.21, "Off Street Parking"requires 121 parking spaces); VA-24-09 - 5. To allow the use of an unpaved, gravel parking area (City of Dania Beach Zoning Appendix, Article V, "Off Street Parking Requirements", Section 33-211 requires all parking area to provide a hard surface); for property located at 4310 Ravenswood Road, Dania Beach; and WHEREAS,the Planning and Zoning Board on July 15, 2009,recommended that the City Commission grant the variance requests 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 the variance applications for the variances described above from requirements in Chapter 28,"Zoning"and the Zoning Appendix 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 this approval shall automatically expire and become null and void unless the applicant submits a building permit application and construction drawings within twelve (12) months of City Commission approval and the applicant obtains a building permit(including payment of all fees)within eighteen(18) months from the effective date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. 2 RESOLUTION#2009-145 PASSED AND ADOPTED on August 11, 2009. 0�pY7 ARD'S Ft�T 7 a ANNE CASTRO MAYOR—COMMISSIONER ATTEST: y 1 n-6t. LOUISE STILSON, CMC CITY CLERK APPR .EVE RM AND CORRECTNESS: THomAs 1. ANSBRO CITY ATTORNEY 3 RESOLUTION#2009-145 City of Dania Beach, Florida Department of community Development Planning and Zoning Division (954)924-6805 Phone wwwAsniabeadifl.gov General Development Application ❑ Adminiabotfve Variance ❑ Asdgnnmd of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat iBl��a� b y 0 I ❑ Plat Delegation Request ��{��p ❑ Rezoning Date Reed: ❑ Site Plan❑ vA- aa-09 Special Exception JUN 0 4 1009 Petition No.: ❑ Traf icamy Wahnx tB Variance Planning ❑ Roadway vacation Department ❑ Extended Hours ❑ Omer: 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. Al projects must also obtain a building permit from the City's Building Department. Location Address: 4310 Ravenswood Road, Dania Beach FL Lot(s): Block: Subdivision: Recorded Plat Name: State Paving Plat 146-27 B Parcel A Folio Number(s): 5042 28 14 0010 Legal Description: State Paving Plat 146-27 B Parcel A Applicant/ConsultantJ I Represerhative circle one) Stephen K.Tilbrook,Esq. Address of Applicant: 200 East Broward Blvd,Suite 2100, Fort Lauderdale,FL 33301 Business Telephone: 954-847-3830 Home: Fax: 954-888-3072 Name of Property Owner: 4300 Ravenswood,LLC Address of Property Owner: 12000 Biscayne Blvd,Suite 405 North Miami, FL 33181 Business Telephone: 954-847-3830 Home: Fax: Explanation of Request: Pole Sign Variance For P/s&pWw proW&prcPamd Plat Aram& 1br Varianaas please artadr Crneals Statement as per Artde 10.13 ofOhapter28,Zonlag Code Prop. Net Acreage: Gross Acreage: 7.58 Prop. Square Footage: 330,209 Existing Use: Office Building Proposed Use: RV Sales Canter Is property owned Individually, by a corporation,or a joint venture? Limited Liability Company I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Stephen K.TilbrooK Esq. Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subsqlbed before me Applicant/Consultant/Repres i Th:1o 20D3 Signature: Date:��' Stephen K.Tilbrook,Esq. Sign Name of N ry blic (Print Name) State of(rLptZL V Orvl 200 East Broward Blvd.92100, Fort Lauderdale.FL 33301 Print Name of Notary Street Address, City,State and Zip Code Co 854-847-" Seal vp" Nalwy-Pift SIM of MM Telephone No. &Fax No. No^-E mxA! A ,i mi union OD5W89 pr Ervwovi2wi 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/ConsvRanVRepresentatrve) to make and file the aforesaid application. 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. limited Nob0ity company, This is to certify that ft below referenced aaK peaVeq is the owner of subject lands described #bmm nd that I, as a duty authorized officer, have authorized (Applf=rt/Carsrlta WeseMauve Sbwhen IC Tabnmk.$M, to make and fie the aforesaid a Sworn to and subsaitied bekrre ante Limited LlabiMy Company j 4300 tiavonewood,LLC This?day of 20�� -- N /.� Slate: ►L'kECig Alan Grosman (print Name) Member 0 mm of (Print Title) stateOf( N t1X rtr�^c w •{ cut m 4M Ravenewood,Dario Bonch,FL 33312 fi )bf NaWV, !/ Street Address, City,State and Zip Code V !3 954.847„= Tdep sum No. &Fax No. ar ti0rtlltJlre rrrr 3ODIT VENTM/PA*TNNMW WMAR HARtZ SlGftTURE: This is to certify that the below referenced that the duly authorted persons are the owners of subject lands described above and Omit a0 partners have authortaad ( ) to make and file the aforesaid aWkatfon. Sworn to and subscribed before me This_day of 20 Signature: Date: (print Name)** Sign Nam of Notary Palo Stift Of(+e Print Name of Ndary Street Address,City,State and Zip Cade Commission t3rpkes: Seat: Teiepharre No.&Fax No. **lack P*rtimrr8wot dial. Attach dupNCata Nasals as wgtrirmad. r - City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-MS Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ����jj nn ❑ Plat Delegation Request fJDL'S����C� �o Lk O� ❑ Rezoning Date Reed: ❑ Site Plan ❑ Special Exception Petition No:y k ❑ TraNtcway Waterer JUN 0 4 7009 D Variance ❑ Roadway Vacation Planning ❑ Extended Hours Department ❑ Other 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 Department. Location Address: 4310 Ravenswood Road,Dania Beach FL Lot(s): Block: Subdivision: Recorded Plat Name: State Paving Plat 146-27 B Parcel A Folio Number(s): 5042 28 14 0010 Legal Description: State Paving Plat 146-27 B Parcel A Applicant/Consultant/(@al Represes ntative arde one) Stephen K.Tilbrook,Esq. Address of Applicant: 200 Fast Broward Blvd, Suite 2100, Fort Lauderdale, FL 33301 Business Telephone: 954-847-3630 Home: Fax: 954-8883072 Name of Property Owner: 4300 Ravenswood, LLC Address of Property Owner: 12000 Biscayne Blvd, Suite 405 North Miami FL 33181 Business Telephone: 954-847-WO Home: Fax: Explanation of Request: Parking Variance For P/ser Apse provAde proposed~Name for Variances pease attach C l*aria 57ehvneat as per ArWe la13ofcrapier28,Zoning Cade Prop. Net Acreage: Gross Acreage: 7.58 Prop. Square Footage: 330,209 6dsting Use: Office Building Proposed Use: RV Sales Center Is properly owned individually, by a corporation,or a joint venture? Limited Liability Company I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-M. Stephen K.Tilbrook,Esq. Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swor�n�sand su befon� me Applicant/Consultant/Repreentative: ThI#�rr r day of 0 Signature: Date: 9 i Stephen K.Tilbrook, Esq. Sign Name of N ry is (Print Name) starve of( �Lm1b ) 200 East Broward Blvd.#2100, �r i5 S Fort Lauderdale.FL 33301 Print Name of Notary Street Address, City,State and Zip Code 954.8473830 Naves E:panda Telephone No.&Fax No. My 0rm."w DD50GM �►„re� E Irs$01112=0 INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Appli ant/Consiftnt/Representadve) to make and file the aforesaid application. Swom 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. CORPORAIM =0 10 MAIM Wnbd y company This Is to cerW that the below referenced ewparatian Is the owner of subject lands described that I, as a duly a dot ed officer, have au&aimd 111eplM K.TMWOOL Eaa, to make and Me the afor�a Swom to and si bscribed' A m me LkNted L W ft Company 4399 Ravwrwood This day of fits-t 20 V 3 Doke: JA)S Alan Osman (Print Name) p 1C 1/�r o D Q/1r yV+� Mel am �Now of IYoMty fktk (Print Tide) Na /tt�_l )_�d,•� 5,,•• 4300 Revenawnoa,Dania eweh,FL 33312 A"Nineofmat" street Address,City,State and Zip Cade 95/.9473109 waakllw lllf�l w�q Tdq*x ere No.&Fax No. � avrr '�iMlefrlvrsr I 30M VENTURE/RARTRER!l M MOTARRIM S OMIUM This Is to certify that the below rdkrmroed that tide duly audwdmd persons are the owners of subject lards described above and that al pw trm have aWwrtwd ( ) to make and Me the aforesaid application. Sworn to and subscribed before me This_day of 20 Signabire: Date: (Print NNW)** Sign Name of Notary POW State of PrbN Name of Notary street Address,C0.y,state and Mp Code Conytftton lea: Seal: Telephone No.&Fax No. **EMh PW%W MNWR aloe. AVACh dupEtatta aAsab s rw UIND& City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6605 Phone www.daniabeachti.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment❑ �jJ Plat M ❑ IRI 9fs l'i 11 Plat Delegation Request 0 ❑ Rezoning Date Reed: O ❑ Site Plan Exception JUN 0 4 1009 Petition No.: `f ❑ special Ex �l-D G 1 ❑ Trafficway Waiver planning m Variance ❑ Roadway Vacation Department ❑ Extended Hours ❑ Other: 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 Department Location Address; 4310 Ravenswood Road, Dania Beach FL Lot(s): Block: Subdivision: Recorded Plat Name; State Paving Plat 146-27 B Parcel A Folio Number(s): 5042 28 14 0010 Legal Description: State Paving Plat 146-27 B Parcel A Applicant/Consultant/ I Representative drde one) Stephen K.Tilbrook, Esq. Address of Applicant: 200 East Broward Blvd, Suite 2100, Fort Lauderdale, FL 33301 Business Telephone: 954-847-3830 Home: Fax: 954-888-3072 Name of Property Owner: 4300 Ravenswood, LLC Address of Property Owner: 12000 Biscayne Blvd, Suite 405 North Miami FL 33181 Business Telephone: 954-847-3830 Horne; Fax; Explanation of Request: Vehicle Use Area-Hard Surface Variance Fvr Pfau pkase provide propased Plat Acme /or Vanannes please attach Criteria Statement as per Arbds-10.13 ofOMpter28,Zh7ft Code. Prop. Net Acreage: Gross Acreage: 7.58 Prop. Square Footage: 330,209 Existing Use: Office Building Proposed Use: RV Sales Center Is property owned individually, by a corporation, or a joint venture? Limited Liability Company I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-M. Stephen K.Tilbrook,Esq. Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscrhod before me Applicant/Consultant/Representative: This—1 day of 20-03 Signature: rAdt Date: Stephen K.Tilbrook, Esq. Sign Name of Notary bl (Print Name) state of lFLoRIAH ) 200 East Broward Blvd.02100, OrV( 58Z5R�t� Fort Lauderdale.FL 33301 Print Name of Notary Street Address, City,State and Zip Code commission Fx Tres: 954-8474M Seal . tlom yPutcsurdFloAdr Telephone No. &Fax No. 1 vy c wrnsi a n D0506489 01M2m 10 INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Appliont/Consultant/Representadve) to make and file the aforesaid application. 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, Gty, State and Zip Code Commission Fires: Seal: Telephone No.&Fax No. limited liability company This is to certify that the below referenced earPera9en is the owner of subject lands describedte�nd that I, as a duly authorized officer, have authorized (Appliongconsulranq(�epresenlative Stephen K.Tilbrook.Esq. to make and file the aforesaid app Limited Liability Company 4300 Ravenswood, C This__q—day of 20—Ca Alan Grosman (Print Name) Member (Print Title) State of( F ) ` ��,`� eet Ravenswood, Dania Beach, de 33312 �""'' Street Address, City, State and ZipCode d3hh 954-8473830 Telephone No. &Fax No. Twg7 EWB1BMal O0NMUMJAm3D.t013"Pel W"YAW JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant(Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No.&Fax No. **Each partner must sign. Attach duplicate sheets as required. SHUM BOWEN LLP STEPHEN K.TILBROOK E-MAIL ADDRESS: Member Florida Bar stilbrook@shutu.com (954)947-3830 Direct Telephone (954)888-3076 Direct Facsimile June 4,2009 VIA HAND DELIVERY JUK 0 4 1009 Corinne Lajoie,Principal Planner Planning City of Dania Beach Florida Department 100 W. Dania Beach Blvd. Dania Beach,FL 33004 Re: Variance for Pole Signage Area- Criteria Statement 4300 Ravenswood,LLC - Client-Matter No.30447.0001 BRIEF DESCRIPTION 4300 Ravenswood, LLC (the "Applicant") requests a variance from the pole signage requirements of Article 28, Signs, Section 28.140 (1) of the City of Dania Beach municipal code (the "Code"). Pursuant to the Code, industrial complexes of 80,000 square feet or more and within 1,000 feet of I-95 are permitted to construct one pole sign with a sign area that shall not exceed 48 square feet and with a height that shall not exceed 25 feet above the height of the elevation of the abutting interstate highway. The Applicant's project contains over 80,000 square feet and will provide sales, leasing and display of well maintained, FDOT ready, fully assembled,luxury recreational vehicles(the"Project"). The Applicant is directly adjacent to the west of I-95 and proposing to install a new pole sign on an existing column. The height will be a maximum of 25 feet above I- 95. The proposed sign is double faced with 100 square feet on each side.Accordingly, the Applicant is requesting a signage area variance. The variance is necessary for the sign to be readable by drivers traveling at high speeds along I-95. The pole sign meets the criteria for a variance as set forth in Section 10.13, where literal enforcement of the provisions of the Code will result in unnecessary and undue hardship to the Applicant. A detailed assessment of this criteria is set forth below. FTLDOCS 5432462 1 200 East Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•fa 954.524.5506•www.shutts.mm MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne LaJoie, Principal Planner City of Dania Beach June 4,2009 Page 2 VARIANCE SUMMARY AND CRITERIA STATEMENT 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Project is uniquely located at 4310 Ravenswood Road along the I--95 corridor. The sign will identify the North Trail RV Center and the City of Dania Beach. Ravenswood Road is a minor arterial roadway providing limited signage visibility to passing traffic. The requested variance is necessary because traffic on I-95 moves rapidly and limiting the signage to 48 square feet, or 24 square feet per side, will make it difficult forpassing drivers to read the sign. 2. Special conditions and circumstances do not result from the actions of the applicant. The location of the property did not result from the actions of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district. Similar pole sign variances have been granted by the City Commission along the I-95 corridor, including: PROJECT LOCATION POLE HEIGHT SIGN AREA Banyan Bay 4491 Ravenswood 105 Feet 125.5 Square Feet Griffin Road Partners NE Corner of 90 Feet 450 Square Feet Ravenswood and Griffin Road Three Tenant Sign Spring Hill Suites Stirling Road on the 100 Feet 387 Square Feet east side of I-95 Hilton Garden Inn Stirling Road on the 100 Feet 200 Square Feet east side of I-95 Best Western Stirling Road on the 50 Feet 100 Square Feet west side of I-95 FTLDOCS 5432462 I 200 Fart Bro d Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•fs 954.524.5506•w Ahutts.wm MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne LaJoie, Principal Planner City of Dania Beach June 4, 2009 Page 3 4. Literal interpretation of the provision of the Code would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the Applicant. As listed above, other properties along the 1-95 corridor have been permitted similar waivers to allow additional height and signage area. It is anticipated that many potential customers to the Project will be traveling on I-95 from outside the Broward County area. Consequently, they may not be familiar with the local arterial roadways. Failure to permit the variance for the pole sign will create an undue hardship in that the Project will not be visible to passing motorists. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building and structure. Pursuant to Section 28.140 (2) (b),wall signs adjacent to 1-95 are permitted up to 300 square feet in single occupant buildings. The building for this Project is not visible from I-95. Consequently the pole sign is necessary for visibility from 1-95. The 100 square feet per side sign area will be significantly less than the 300 square feet permitted for wall signs, and is the minimum necessary variance for a reasonable use of the land. 6. The grant of the variance will be in harmony with the general intent and purpose of the Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The pole sign will be in harmony with other projects along the I-95 corridor. The pole sign will be located in the northeast corner of the Project, the furthest point from any residential development. The sign shall be fully integrated into the existing column such that it appears as a single structure. The proposed sign variance will be consistent with the intent of the Code and will not be detrimental to the public welfare. Thank you for your consideration of this request, and please contact me with any questions or comments on this application. Yours very truly, SHUTTS &BOWEN LLP Stephen K. Tilbrook SKT/ne FTLDOCS 5432462 I 200 East Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•f:954.524.5506•w Ahutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM • SHLrrrS B WEO N LLP STEPHEN K.TILBROOK E-MAIL ADDRESS: Member Florida Bar stilbrcak@shutts.com (954)847-3830 Direct Telephone (954)888-3076 Direct Facsimile July 2, 2009 mica VIA HAND DELIVERY JUL 0 1 1009 Corinne Lajoie, Principal Planner planning City of Dania Beach Florida p 100 W. Dania Beach Blvd. apartment Dania Beach,FL 33004 Re: Criteria Statement—North Trail RV Sales,Variance for Monument Signage Dear Corinne, Our firm represents 4300 Ravenswood, LLC (the "Applicant') in its request for a variance from the monument signage requirements of Article 28, Signs, Sections 28.120.1.a.i.. and 28.120.1.b.i. of the City of Dania Beach municipal code. Pursuant to the code, single- occupant industrial complexes are allowed one monument sign for each public right of way entrance and are limited to 32 square feet of sign area (28.120.1.a.i). We are requesting two monument signs. One, with 32 square feet at the entrance, and one, with 100 square feet, adjacent to I-95. In addition, for the sign facing I-95, we are requesting a sign height of thirty five 35 feet, approximately 10 feet above the adjacent Tri-rail right-of-way, where the code permits a maximum height of 15 feet. (28.120.1.3.b.i). The Applicant's project contains one tenant that will provide sales, leasing and display of well maintained, FDOT ready, fully assembled, luxury recreational vehicles(the"Project"). The Applicant is directly adjacent to the west of I-95 and proposing to install two new monument signs. One sign at the entrance off Ravenswood Road and one sign facing 1-95. The monument sign at the entrance shall comply with code requirements for sign area and height. The proposed sign, facing I-95, is 35 feet high and double faced with 100 square feet on each side. Accordingly, the Applicant is requesting a variance for signage number, area and height. The sign area variance is necessary for the sign to be readable by drivers traveling at high speeds along I-95. The sign height variance is necessary for the sign to be visible from the adjacent elevated highway The signage meets the criteria for a variance as set forth in Section 10.13, 200 East Broward Boulward,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•h 954.524.5506•w .shutts.wm MIAMI FORT LAUDERD ALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne LaJoie,Principal Planner City of Dania Beach July 2,2009 Page 2 where literal enforcement of the provisions of the Code will result in unnecessary and undue hardship to the Applicant. A detailed assessment of this criteria is set forth below. VARIANCE SUMMARY AND CRITERIA STATEMENT 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Project is uniquely located at 4310 Ravenswood Road along the 1-95 corridor. The sign will identify the North Trail RV Center and the City of Dania Beach. Ravenswood Road is a minor arterial roadway providing limited signage visibility to passing traffic. The requested variance is necessary to identify the project from 1-95, because traffic on 1-95 moves rapidly and limiting the signage to 48 square feet will make it difficult for passing drivers to read the sign. 2. Special conditions and circumstances do not result from the actions of the applicant. The location of the property did not result from the actions of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district. Similar sign variances have been granted by the City Commission along the 1-95 corridor, including: PROJECT LOCATION HEIGHT SIGN AREA Banyan Bay 4491 Ravenswood 105 Feet 125.5 Square Feet Griffin Road Partners NE Corner of 90 Feet 450 Square Feet Ravenswood and Griffin Road Three Tenant Sign Spring Hill Suites Stirling Road on the 100 Feet 387 Square Feet east side of I-95 Hilton Garden Inn Stirling Road on the 100 Feet 200 Square Feet east side of 1-95 Best Western Stirling Road on the 50 Feet 100 Square Feet west side of I-95 200 Beat Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•fz 954.524.5506•ww Autts.wm MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne LaJoie,Principal Planner City of Dania Beach July 2,2009 Page 3 4. Literal interpretation of the provision of the Code would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the Applicant. As listed above, other properties along the I-95 corridor have been permitted similar waivers to allow additional height and signage area. It is anticipated that many potential customers to the Project will be traveling on I-95 from outside the Broward County area. Consequently, they may not be familiar with the local arterial roadways. Failure to permit the variance for the monument sign facing I-95 will create an undue hardship in that the Project will not be visible to passing motorists. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building and structure. Pursuant to Section 28.140 (2) (b),wall signs adjacent to I-95 are permitted up to 300 square feet in single occupant buildings. The monument sign is necessary for visibility from I- 95. The 100 square feet per side sign area will be significantly less than the 300 square feet permitted for wall signs, and is the minimum necessary variance for a reasonable use of the land. 6. The grant of the variance will be in harmony with the general intent and purpose of the Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The monument sign will be in harmony with other projects along the I-95 corridor. Projects adjacent to I-95 are typically permitted to promote their locations. The proposed sign variance will be consistent with the intent of the Code and will not be detrimental to the public welfare. Thank you for your consideration of this request, and please contact me with any questions or comments on this application. Yours very truly, TTS8c BOn K. ilbrook Partner FTLDOCS 5444239 1 200 Eau Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•fx 954.524.5506•w shutts.wm MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM SHUTTs BOWEN LLP STEPHEN K.TILBROOK E-MAIL ADDRESS: Member Florida Bar stilbrook@shutts.com (954)847.3830 Direct Telephone (954)888-3076 Direct Facsimile July 2, 2009 =1971 n JUL 0 2 2009 HAND DELIVERY Punning Corinne Lajoie,Principal Planner Department City of Dania Beach 100 West Dania Beach Dania Beach,FL 33004 RE: Criteria Statement—North Trail RV Sales,Variance for Parking Requirements Dear Corinne: Our firm represents 4300 Ravenswood, LLC (the "Applicant") in its request for a variance from the parking requirements of Article 6, Supplemental Use Regulations, Schedule of Off Street Parking Requirements, Section 6.21 6)(26)of the City of Dania Beach municipal code for automobile sales, rental, leasing and showrooms (the"Code"). Pursuant to the Code, one (1) space is required for each two hundred (200) square feet of gross floor area plus one space per each two thousand(2000) square feet of outdoor vehicle display or storage area. The Applicant is requesting to develop a recreational vehicle sales center(the"Facility"). The facility contains approximately 66,825 square feet of recreational vehicle ("RV") display area, 9,852 square feet of office floor area and 7,230 square feet of building service area. According to table below,the total spaces required,based on the Code equal 121. Existing Office Floor Area 50 9,852 SF @ 1 space/200 SF Existing Service Building 37 7,230 SF @ 1 space/200 SF RV Vehicle Display Area 34 66,825 SF P 1 space/2000 SF TOTAL 121 200 East Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•Bc 954.524.5506•www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne Lajoie,Principal Planner City of Dania Beach July 2, 2009 Page 2 The facility displays recreational vehicles which require 45 x 15 feet wide parking spaces taking the space of approximately 4 automobiles. The facility contains fifty (50) parking spaces including; 8 spaces for RV's, 40 spaces for cars and 2 handicap spaces. The parking reduction request meets the criteria for a variance as set forth in Section 10.13, where literal enforcement of the provisions of the Code will result in unnecessary and undue hardship to the Applicant. According to the attached letter from the owner and operator of the North Trail RV Center, it is unlikely that more than 35 employee and customer parking spaces will be utilized at any one time. The proposed dealership in Dania Beach will be significantly smaller than their operations in Ft. Myers. The Ft. Myers dealership contains 13 acres whereas the Dania Beach facility contains 8 acres. In addition, the Ft. Myers dealership has approximately 50 customers per day and it is unlikely that the Dania Beach facility will have more than 15 customers at any one time. Accordingly, the proposed site plan, which provides 50 parking spaces, will be more than sufficient to meet the parking needs. VARIANCE SUMMARY AND CRITERIA STATEMENT 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The City of Dania Beach Code does not contain parking a requirement provision for recreational vehicle sales. Consequently, the parking calculations for this project are based on the parking requirements for automobile sales and leasing. Automobile sales centers generate significantly more traffic than recreational vehicle sales centers. 2. Special conditions and circumstances do not result from the actions of the applicant. The location of the property did not result from the actions of the applicant. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district. Similar parking variances have been granted by the City Commission along the I--95 corridor, including. PROJECT LOCATION PARKING PROVIDED PARKING PROVIDED Banyan Bay 4491 Ravenswood 482 Spaces 263 Spaces 200 East Browud Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•fz 954.524.5506•www shuns.eom MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne Lajoic,Principal Planner • City of Dania Beach July 2, 2009 Page 3 4. Literal interpretation of the provision of the Code would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the Applicant. As listed above, other properties along the 1-95 corridor have been permitted similar waivers to allow reduction in parking.. The Facility displays recreational vehicles which require 45 x 15 feet wide parking spaces taking the space of approximately 4 automobiles.. Failure to permit the parking variance will result in unnecessary and undue hardship on the Applicant. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building and structure. The Applicant maintains several recreational vehicle sales centers throughout the state of Florida. Proposed parking at this Facility is comparable to parking at other facilities throughout the state.. Moreover, this Facility is expected to employ approximately 25 local residents. The parking reduction is the minimum necessary variance for a reasonable use of the land. 6. The grant of the variance will be in harmony with the general intent and purpose of the Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The Dania Beach facility will receive the majority of its visitors on weekends. Based on experience at other dealerships in Florida, the 50 parking spaces provided are sufficient to meet the needs of the North Trail RV Center in Dania Beach. The proposed parking variance will be consistent with the intent of the Code and will not be detrimental to the public welfare. Thank you for your consideration of this request, and please contact me with any questions or comments on this application. Yours very truly, A pr Stephen K. Tilbrook Partner FPL.DOCS 5444255 1 200 East Bmward Boulevard,Suire 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•fz 954.524.5506•w ehutuxom MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM SHUM BOWEN LLP STFPHMember Fl K. a Bar OK E-MAIL ADDRESS: I'I Member Florida Bar stilbrookeshutu.com (954)947-3830 Direct Telephone (954)888-3076 Direct Facsimile July 2,2009 NOTE HAND DELIVERY fit' JUl'L9 0 2 2009 Corinne Lajoie, Principal Planner Planning Department City of Dania Beach � 100 West Dania Beach Dania Beach,FL 33004 Re: Criteria Statement -North Trail RV Sales,Variance for Vehicle Use Area/Hard Surface Requirements Dear Corinne, Our firm represents 4300 Ravenswood, LLC (the "Applicant") in its request for a variance from the off-street parking requirements of Article V, Off-Street Parking Requirements, Section 33-211 and Article II, Section 8-21(5)(a)(3) Maintenance and Appearance Standards of the City of Dania Beach municipal code for areas to be hard surfaced (collectively the "Code'). Pursuant to the Code, the area reserved for off-street parking shall be hard surfaced and shall be P w �P paved with halt or constructed of concrete or block. The project is located at 4310 Ravenswood Road in Dania Beach and is within the IROM zoning category. The Applicant is proposing to amend the existing site plan to allow a recreational vehicle sales center (the "Project'). The Applicant's project contains 7.5 acres of property and will contain approximately 48%asphalt parking area, 29%gravel/pervious area and 19%landscapelopen space area. Accordingly, 48%of the site will remain pervious property. Some areas of the property are currently not paved. The gravel/pervious area will be for display of recreational vehicles and is not intended to be used customer parking. Moreover, gravel/pervious areas are more earth friendly than asphalt paving. Gravel surfaces allow for better drainage and reflect two to four times more sunlight than asphalt, thus lowering the surrounding temperature. The proposed use of the pervious area will be for recreational vehicle 200 East Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•Er 954.524.5506•avow shutu.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne Lajoie,Principal Planner • City of Dania Beach July 2,2009 Page 2 sales. The intent is to create an outdoor experience, and the use of gravel surface is necessary for creating an outdoor atmosphere. Accordingly, the Applicant is requesting variance from the maintenance and appearance standards to permit a gravel surface display area. The request meets the criteria for a variance as set forth in Section 10.13, where literal enforcement of the provisions of the Code will result in unnecessary and undue hardship to the Applicant. VARIANCE SUMMARY AND CRITERIA STATEMENT 1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The Project is located at 4310 Ravenswood Road adjacent to the Dania Cut-Off Canal and Banyan Bay Marina. The requested variance is necessary because the majority of the site is primarily undeveloped. Recreational Vehicle sales generally take place in park like settings. In addition, paving the property will create adverse impacts to the surrounding environment because asphalt does not absorb water and hold heat. Gravel is pervious and reflects sunlight. 2. Special conditions and circumstances do not result from the actions of the applicant. The majority of the property is in a natural state. Paving over the existing green area could be a detriment to the environment and surrounding properties. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district. The properties to the south and southwest are deep water marinas. By maintaining the natural setting the Project will be more compatible with surrounding uses and not confer any special privilege on the Applicant. 4. Literal interpretation of the provision of the Code would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the Applicant. Other properties along the I--95 corridor have been permitted similar maintenance and appearance waivers. The Applicant desires to maintain an earth friendly,park like setting for the sale of the recreational vehicles. The park like setting will create a more natural sales A environment. Failure to permit the variance will create an undue hardship on the Applicant. 200 Ent Broward Boulevard,Suite 2100,Fort Lauderdale,Florida 33301 •ph 954.524.5505•Lac 954.524.5506•w shutb.mna MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Corinne Lajoie,Principal Planner • City of Dania Beach July 2,2009 Page 3 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land,building and structure. The natural setting will be beneficial for marketing the recreational vehicles and is the minimum necessary variance for a reasonable use of the land. 6. The grant of the variance will be in harmony with the general intent and purpose of the Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The gravel display area will be in harmony with other projects along the I-95 corridor and within the IROM zoning district.. Gravel will provide the best alternative for recreational vehicle display area Yours very truly, TepS &BO NK. ilbmok Partner FTLDOCS 5444231 1 200 East Browud Boule d,Suite 2100,Fort Lauderdale,Florida 33301•ph 954.524.5505•fa 954.524.5506•www.ahuttA.mm MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM