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HomeMy WebLinkAboutR-2009-155 Lucky's Variance-Special Exception Extension RESOLUTION NO. 2009-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY COURTNEY CRUSH, ATTORNEY WITH THE FIRM CRUSH LAW, P.A., REPRESENTING THE OWNER JAY PATEL, FOR AN EXTENSION TO THE SPECIAL EXCEPTION (SE-30-08) ORIGINALLY APPROVED BY RESOLUTION 2008-141 AND VARIANCE VA- 31-08 ORIGINALLY APPROVED BY RESOLUTION 2008-140 ON AUGUST 26, 2008, FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Courtney Crush, attorney with the firm Crush Law, P.A. representing the owner, Jay Patel, has applied for modifications to the site plan approved by Resolution 2008-142, relating to the proposed construction of a 6 story(72 foot tall)75-room hotel,for property located at 205 North Federal Highway, Dania Beach; and WHEREAS,modifications to site plan SP-08-08 were approved by Resolution 2009-078 on May 12, 2009 and will expire unless building permits are obtained on or before May 13, 2010; and WHEREAS,the applicant would like to further extend the expiration date of the associated special exception request(SE-30-08)and variance request(VA-31-08)to run concurrently with the expiration date of the approved modified site plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date for the special exception(SE-08- 08) and variance (VA-31-08) requests until May 13, 2010 is approved. Section 2. That such approvals are also subject to the conditions previously approved by the City Commission with the exception of the following condition, which is deleted from the approvals: The applicant is required to submit written evidence showing that the property owner to the south, Franco's Auto Repair, located at 176 N. Federal Highway in the City, has consented to allow the applicant to use the parking lot directly west of and adjacent to the auto facility for overflow parking. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on its passage and adoption. PASSED AND ADOPTED on August 25, 2009. eQc�P�s Fir�rejrr MAYOR COMMISSIONER ATTEST- l LOUISE STILSON, CMC CITY CLERK �}y, "RPORATEa " APPROVED A O ORM AND CORRECTNESS: i THO AS . A ' BRO CITY ATTORNEY 2 RESOLUTION#2009-155