HomeMy WebLinkAboutR-2009-201 Frontier Sign Variance RESOLUTION NO. 2009-201
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE VARIANCE REQUEST SUBMITTED BY KEITH M. POLIAKOFF, ESQ.,
REPRESENTING FRONTIER DANIA LLC, FOR PROPERTY LOCATED AT
1780 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA, IN
CONNECTION WITH THE PROVISIONS OF CHAPTER 28, "ZONING';
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,Keith M. Poliakoff, Esq., representing Frontier Dania LLC., has applied for a
variance (VA-28-09)to allow:
1. To allow wall signage to be permitted with a sign area of 2 square feet per 1 linear foot of
tenant frontage (Chapter 28, "Zoning", "Signs", permits a sign area of 1 square foot per 1
linear foot of tenant frontage); and
2. To permit a wall sign on a side elevation not facing a right of way (Chapter 28, "Zoning",
"Signs",permits additional wall signage for tenants on corners when facing another right of
way in this district);
and
WHEREAS,the Planning and Zoning Board on September 14,2009,recommended that the
City Commission grant the variance request 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 that certain variance application,for the variance described above from
requirements in Chapter 28, "Zoning", 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,subject
to the condition that the signs be limited to individually illuminated and attached channel letters.
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repealed to the extent of such conflict.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.
PASSED AND ADOPTED on October 27, 2009.
Q,n",
ANNE CASTRO
FIRSr Cl AYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC ,I}
CITY CLERK , o
APPROVED A O F AND CORRECTNESS:
THO AS J. ATVBkb
CITY ATTORNEY
2 RESOLUTION#2009-201
— = City of Dania Beach, Florida
1 �-
- Department of Community Development
Planning and Zoning Division
(954)924-6805 Phone
www.daniabeachfi.gov
General Development Application
❑ Administrative Variance
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat t�ttt���/�lll���tt77ee��
❑ Plat Delegation Request Ew!'y�1n ty/1R 1 (�
❑ Rezoning !Sy +f.0 E6 v �..IG Date Rec'd: U-1
❑ Site Plan
❑ Special Exception JUL 0 8 2009 Petition No.:
❑ Trafficway Waiver
X] Variance Planning
Roadway Vacation
❑ 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: 1780 4t ' rl i n4 Una a-,—Dania Reaeh-,FL
Lot(s):. Block: Subdivision:
Recorded Plat Name:
FolloNumber(s): 504233560010 Legal Description:
Applicant/Consultant/Legal Representative(circle one) xp i th M . Pnl i akoff, Escr
Address of Applicant' 3111 S 1inc; Rnadf fart Lauderdale FL 33332
1! Business Telephone:954-999-41ii Home: Fax:954-985-6814
Name of Property Owner: Frontier Dania LLC
Address of Property Owner: 1801 SW 3 Ave Suite 500, Miami, Fl 33129
Business Telephone305-692-9992Home: Fax: '405-699-3032
Explanation of Request: Please see attarhea -
For Plats please provide proposed Plat Name for Variances please attach Crlterla Statement as per
Article 10.13 of Criapter 28, Zoning Code.
Prop. Net Acreage: ' Gross Acreage: 1 .74 Prop. Square Footage:
Existing Use: Vacant Proposed Use: Retail
Is property owned individually, by a corporation,or a joint venture? CorRcrat;on
I understand that site plan and variance approval automatically expires within 12
months of City Commission approval, pursuant to Ordinance No, 2005-040.
� /.�
�
App i JO r gnature rint Name Date
APPLIC CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to a subscribed before me Applicant/Consultant/Representative:
This day of 20-01
Signature:
Date: 21—oa 7
4- 'Ou-� Keith M. Poliakoff, Esq.
Sign Name of N tary Public (Print Name)
Stateof( �Lv4oq )
3111 Stirling Road
Fort Lauderdale, FL 33312
QAIUN/E BLA-tg—
Print Name of Notary Street Address,City,State and Zip Code
Commission (954) 985-4183, (954) 985-6814
Seal: F++ (OMM
( 0D�T7 Telephone No. &Fax No.
i I Fanon�rywrrue, raa
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) K.-�+,`i'ti� t�d1t Lt.t(.(7(* to make and file the
aforesaid application.
Sworn to and subscribed lqefore me Owner: YBe.rfi1;.4 )4"14 L L f
This 2 day of 20 M
Signature:
Date: 7///0$
t,tii,c�r t/� r� U'�/�ti•'G'(� 3st me f F GE�tth
Sign Name of Notary Public (Print Name)
State of
t VfUG� 1�� t✓v�' t Ck-C7 L `to1 Sw 3 -� / Sv;\a Sao o..in r—L sSrd9
Print Name of Notary Street Address,City, State and Zip Code
Co x
� �V'EtudeldlNMeedo 4aF-L4� 999a - MS-&P- 343)L
Se t $Il�ssala,rolr,
+ EXP1K8:Jmuary28,2070 Telephone No. &Fax No.
jN, amWdttni naeryrmxtmaawrXke
Statement of Compliance
The subject property is located at 1780 Stirling Road, Dania Beach, Florida. The Applicant is
requesting a variance from section 28.090(4) (b), City of Dania Beach Code of Ordinances,to
allow its tenants to install larger wall signs. The City's Code provides that wall signs are
permitted with a sign area of(1)square foot per one(1)foot of the tenant's frontage. Further,
the City Code provides that signs on the side of the building are only permitted when the side of
the building abuts a public roadway. The Applicant is seeking to allow its tenants to install wall
signs with a sign area of two (2) square feet per one(1) foot of the tenant's frontage and a wall
sign on the side of the building,which will be visible to westbound traffic on Stirling Road.
(a) That 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 subject property is located directly east of I-95 on the North side of Stirling Road directly
East of SW 18t'Avenue. It is surrounded by the Hilton Garden Inn to the North, the Oakwood
Plaza to the South,Advanced Auto Parts to the East,Burger King to the West,and two future
hotels to the West,the Hyatt Place and the Summetfreld Suites. It is located directly adjacent to
Stirling Road,a major easttwest arterial roadway with a posted speed limit of 45 mph. When the
property was platted FDOT required a roadway dedication to allow for a westbound dedicated
turn lane onto SW 18`'Avenue, which reduced the parcel's depth. Further, additional property
was dedicated on SW 18`"Avenue, which reduced the parcel's width. In addition to the
aforementioned,although the Code only requires a ten (10) foot front yard setback,the
Developer sought to enhance the parcel's open space and provided an eighty(80)foot front yard
setback. As the Developer sought to find tenant's for this location,it immediately became
apparent that the increased setback,lush vegetation, and City's rigid sign regulations, caused
tenant's to shy away from this location. To make matters worse, since the Oakwood Plaza,
which is directly across the street,is a DRI,its signage size requirements are incredibly
generous. Accordingly, to the Developer's chagrin,tenants have been unwilling to enter into
lease agreements unless the Developer is able to secure signage that would make the location
more visible from the roadway. A recent USA Today Article has revealed that the tenant's
concern is well founded, a weak economy requires tenants to make every effort to attract
consumers. Visible signage could potentially make an immense difference in having a
successful business venture. A copy of the article has been attached.
Accordingly, due to the speed of Stirling Road, the tremendous front yard setback, and the
signage found at Oakwood Plaza there are special conditions and circumstances that 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.
tr3fii l�vu."w !l E itni
AUG 2 1 Mg
(b) That the special conditions and circumstances do not result from the actions of the
applicant;
At the request of the City,Applicant provided the increased setback and added more landscape
buffers. Although this site plan modification made this parcel lush,it has unintentionally
hampered the Developer's ability to obtain viable tenants. The inability to read a tenant's wall
sign at the current setback and at the current roadway's speed is not a result of the actions of the
applicant,but is rather a result of this unique parcel and a unique set of facts.
(c) That 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 granting of this variance will allow the Developer to obtain tenants and will enable him to
compete with the neighboring Oakwood Plaza. There are no other parcels that have this unique
set of facts, so the granting of this variance will not confer a special privilege that is denied to
other lands.
(d) That literal interpretation of the provisions of this chapter 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;
The existing code provisions would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district because it would destroy any chance for the subject
property to fairly compete for tenants. If the property had been designed at the Code's
minimums the signage would be 70 feet closer to the roadway. This 70 foot differential makes it
impossible to view the allowable signage when traveling 45 mph down a four lane divided
roadway. Further,if the parcel to the east had already been developed,the building's eastern
facade would more than likely be adjacent to a public roadway, which would make the side sign
approvable as of right. If the Developer were required to construct signage at the current
standards,it would make it virtually impossible to find quality tenants, causing an undue
hardship on the viability of the retail center.
(e) That the variance granted is the minimum variance that will make possible the
reasonable use of the lanrl, building or structure;
In this economy to have credited tenants interested in signing a lease is an anomaly. National
tenants have standard sign plans and design standards. If a property does not meet the national
standards the tenants move on to an alternate location. The requested variance is the minimum
amount requested by the proposed tenants to enter into leases at this location, and to have
visibility off of Stirling Road.
F
AUG 17003
(t) That the grant of the variance will he in harmony with the general intent and purpose
of this chapter, and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The general intent and purpose of this chapter is to create appropriate limitations on the size of
wall signs. In this case,the intent will be realized since the size and location of the wall signs
will remain limited,it simply provides an appropriate size and location based upon this unique
parcel configuration,the roadway, the setbacks, and the surrounding area. This variance would
not be injurious to the surrounding community,rather it will help motorists more easily find their
intended location.
ACTIVE:25631372
b
AUG 2 1 2009
L '1%ing
t� x n