HomeMy WebLinkAboutR-2009-202 San Marco VA-32-09 Variance RESOLUTION NO. 2009-202
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY JON M. GRANT, GRANT
VENTURES DANIA CONDOS LLC, FROM CHAPTER 28, "ZONING",
ARTICLE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS"
AND BROWARD COUNTY ZONING CODE ARTICLE XLVII."LOW-DENSITY
MULTIPLE R-3 DISTRICT", FOR PROPERTY LOCATED AT 4638 AND 4648
SW 32No AVENUE, 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 6.21
prescribes the off-street parking regulations for properties within the City of Dania Beach; and
WHEREAS,the Broward County Zoning Code Article XLVII."Low-Density Multiple R-3
District', prescribes the height regulations within the City of Dania Beach; and
WHEREAS,Jon M. Grant, Grant Ventures Dania Condos LLC, has applied for a variance
(VA-32-09) as follows:
I. To allow a building height of 43 feet(Broward County Zoning Code Article XLVII. Low-
Density Multiple R-3 District; Section 39-789 permits a maximum height of 35 feet); and
2. To allow for 40 parking spaces (City of Dania Beach Code of Ordinances Chapter 28
"Zoning",Article 6.21,Schedule of Off-street Parking Requirements requires a minimum of
47 spaces);
for property located at 4638 and 4648 SW 32nd Avenue, Dania Beach; and
WHEREAS,the Planning&Zoning Board on September 14,2009,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 that certain variance application(VA-32-09), for the variance requests
described above from requirements in Chapter 28, "Zoning", of the City of Dania Beach Code of
Ordinances and Broward County Zoning Code Article XLVII."Low-Density Multiple R-3 District",
a copy of which application is attached and made a part of this Resolution as Exhibit "A", is
approved subject to the condition that four(4) on-street parking spaces are provided.
Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 of Chapter
8,of the Code of Ordinances of the City of Dania Beach, all variance approvals shall automatically
expire and become null and void unless the applicant files a complete building permit application
and submits complete contractor drawings within twelve (12)months from the date of approval of
the site plan by the City Commission and the applicant obtains a building permit(including payment
of all fees) within eighteen (18)months of the 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.
oz�, Lx
ANNE CASTRO
rs FIRST TyYOR—COMMISSIONER
ATTEST:
LOUISE STILSON,CMC
CITY CLERK � rrvoRn�
APPROVED AS T FORM AND CORRECTNESS:
THO A J. SBRO
CITY ATTORNEY
2 RESOLUTION#2009-202
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954)924-6805 Phone
www.daniabeachfl.gov
General Development Application
❑ Administrative Variance
JK Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
���
❑ Rezoning c Date Rec'd: C
Site Plan —I
Special Exception JUl 1 6 2009 Petition No,:
❑ Trafficway Waiver
X Variance
❑ Roadway Vacation gig
❑ Extended Hours Department 33--<Z�9
❑ 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 Co's Building Department.
Location Address: 4L11 and 40S S.W. Ta.4 Avenue,bani4 ZeoLln . FL 330L`f
L.ot(s): 1A ewsl 13 Block: gkDO Subdivision: Co.nol.l GrWeS
Recorded Plat Name: 0 u.rn a k �rd ye.S Pla+ P.B. a e& 31
i
Folio Number(s): SOS}ck30010090 Legal Description: uhdtut!IAe J Iand n+ 4639 t 4648 50
3B.^l Rve ntk , Browo-rA ov-i+j�OanicL Vac , FLI30(vy
Applicant/Consultan alRepresentativ rcleone) SdN N' 6rav,'}
Address of Applicant: 16. E"J- &Ort'n ort S'Free+i Suiit_ 1506 Bmk+imork t-kb i aoa
Business Telephone: 416 RK 6003 Home: 301 78S 40e9S Fax: 416 a3o 0011
Name of Property Owner: Grwni Ven FUre s D wtn i o.. &40 s tJ-Q
Address of Property Owner: Ib `tss+ &ffi�more a e+ Sud'r- IS00_ (304rwtem Mn aWOQ
Business Telephone: 410 d30 end3 Home: '401 7$S 406\9 Fax: 410 a36 0011
Explanation of Request: 5ca s+3k•wew ) iACludta h 064e.64. S+'a.` 1U't.t}
For Plats please provide proposed Plat Name for vadanees please attach Criteefa Statement as per
Article 10.13 of Chapter 18,Zoning Code.
Prop. Net Acreage: I QC(L Gross Acreage: Prop. Square Footage: 41 . S(06 t
Existing Use: lrna2JeI0 l4A4 Proposed use: Marks+ E&J< po't ?A<ntS
Is property owned individually, by a corporation, or a joint venture? L LO
I understaVA thal site plan and variance approval automatically expires within 12
t f i in i pproval, pursuant to Ordinance No. 2005-040.
?on M . Gf-&nt 7- Is- og
i nt/Owner signature Print Name Date
APPLI ANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representative:
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.
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 make and file the
aforesaid application.
Sworn to and subscribed before me Owner:
This i 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.
CORPORATION NOTARl. �D SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly, authorized officer, have authorized (Applicant/Consultant/Representative)
3a M . G rar"t to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
res, pqmia.. otAos LPL
This /154h'daNtpflJ 4y 20A '+
v06 E. Bg9r,, Signature: _
`qe PY P41.'. �{
- — I S' 0
=0� �l�n. Date:
MY_> COMMISSION `p TON . tA• Grkfl1
?Zy EXPIRES i Z (Print Name)
'oqV OJT f e MaMoLa i na MCWACr
Sign Na robN l Public (Print Title)
State of(/Y/gRyr. D )
aoce RAeTO ID £a&} ZI}t ,Are S'. ZyYr- ISUo,C{a\t,MtD
Print Name of Notary - r3 Street Address, City, State and Zip Code CAc1 IZ.O
Commission Expires: IP141Zy( (�`I+a �30 0003 (F) �i+y a3o ow
Seal: Telephone No. &Fax No.
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.
Fna
l � r.e
i October 7,20M
f OC i � � 1009
i L
Planning
To whom it may cdncArn: Departirrient
Dania Beach Grant Ventures LLC is requesting the following variances for its proposed apartment project
at 4638/4648 East 32nd Ave:
• We are requesting an increase In allowable build height from 35 feet to 43 feet plus an
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additional E.feet for roof ornaments that screen mechanical equipment and the elevator
penthouse
• We are requesting an Increase in the number of units from the surplus darnsky pool of 10
dwelling units
• We are requesting a reduction of total parking spaces required from 47 spaces to 40 spaces on
site and 4guest spares provided on the street In front of the project::
Justification for these variances is based on a response to Dania,zoning Codas*Settion mU.
I have included a response to each applicable subsection as follows:
(a) The base elevation vftlus property is 3feett above-4 a level. In 2007 new Dania Beach Building
Code stated that the first floor of ell structures in Dante must be at elevation 9 which is.one foot
above FeW regulations.Zoning regulations requirethatglevoitm calculations betaken from
elevation 8 even.though elevation 9 is a zoning requirement which reduces the height by one
foot for all properties located in low lying areas.This area wlIt be impacted by the trolse of the
proposed new runway from Ft:Lauderdale Hollywood Airport,to address increasing housing
opti,onsand economic and cultural diversity of the neighborhood.This direction points to the
development of workforce or better market rateapartments,which will require greater density
to be viable.The narrow j deep shape of these lots with the most desirable view to the rear as
well as the county t request for a mangrove sanctuary and almost total replanting of existing
vegetation has dramatically limited the budding fcatpriiht far the site.These factors require all
additonal A:feetof building height at the parapetanathe inclusion in that height Gran
additional story of apartments to make this project workable.we also need additional height for
roofomamerts that obscure rooftop equipment and give the building a most r"clentlat
character.
(b)
The project*Ali be using the land,as Is,without any significant modiffcattorm No significant
changes have been made to the land prior to this appNcation outside of required removal of an
antiquated structure that was deemed bythe City,of 0ania Beach as a.hazard. too grading or
modification to the elevation of the sitevccutted during this maintenance pro*, t This
property is surrounded on East 3e Ave by poorly maintained,high density,low income,
multifamily housing constructed at elevation 6 or above including a four story-office building at
the Intersection of East 32 Ave.and Griffin Road and a four story senior apartment building at
the intersection of East 3dn'Ave; and a Street.The development of this market rate project
will sat a new standard far this neighborhood;which the community agrees is in need of
renewal and economic diversification;The project will also feature complete handicapped
accessiblitty,sustainable design features and increaser)vegetative buffers on all sides.
There aretwo trther:atistittg prvpeitias on this street with 2D units per acre or higher densities
which have had no negative effect on health;safety or welfare ofthe neighborhood:
This property is 300 feet deep and abuts a 60 wide Canal with a 6D foot uplands dredging across
the canal making neighboring front and rear propertiesquitea distance away and reducing the
apparent Haight of this structure.
We have requested:that our two and three bedroom units provide only 2 parking spaces.
Residents of the two and three bedroom units will be required In their lease to not park or own.
more than two vehicles and have their guests use the:4 spaces provided in front of the project.
fcj in granting this variance no additional privileges would i be conveyed to the applicant: The
market has identified more diverse housing options and the Induamn of accessible worworte
housing to service the airport,casino,and marine Industries workers: it will be addressed by
this market rate accessible rental project.The request to increase the allowableclonsitlr from 10
to#0unfts make&this quality project practical and feasible. Itallows the units to be elevator
accessed and 10M handicapped accessible.The increased butldkig Fight will agowa four story
structure that will afford all 20 units a view ofthe canal.end po01areaat the Main 'hehelght
increase also Includes tiled roof ornaments that give an attrarfive residential vocabulary w the
betiding and screon the rooftop mechanical units from neighboring properties. This:should
irrcrease the probability of maintainingfuil occupancy.
(d) Grenttrrg this variance will provide the applicant W�t lbo minimum relief required to create a
well conceived and architecturally attractive multi-famlty structure on.a narrow/deep lot that
abuts:the canal.This property is consistent with the latest area planning report for the
neighborhood,encouraging handicapped accessibility,Inoareased economicdiver3ity,and
sustainable design.
(e) The,11teralinterpretatlonof the provisions of this chapter-will not allow,the applicant to
construct a multifamily project with 20 units because of the shape of the land,required
mangrove.preseroation area,ralocatlon of all existing vegetation,and rile elevation of the tend
in concert with newly adopted first flour elevations, It woulp make appropriate.rlevelopmerrt of
Oft land Insurmountable The height restriction mokea tt4mposalble to use roofs ornaments and
Parapets to hide rooftop equipment that will affectthe'vlaual quality of the project in the
neighborhood:
M The vartarocts requested are the minimum required to provide the architticturally balanced,
attractive,sustainable,economically diverse,tornpletwe have envisioned that will meet the
directives of the area planning report.
3
(g) The development of this site,as a high quality multifamily housing project,will increase the
..
values of the properties on East 320tl Ave,which have multifamily zoning.The generous rear and
front setbacks will make the apparent height of this structure lowerto residents across East 32`a
Ave and to those across the canal.The project includes upland dredging,which will increase the
width of the 60 foot wide canal by 30 feet to 90 feet,and all docks will.be recessed to provide
no interference with neighboring docks or boat traffte#low.The iandstaping of the project,
including two mangrove retention zones,will be the most dense and attractive.on the street.it
will become a model of Best Management Practices and will perf'orm.as such. We will create
A
sidewalks and on street parking spaces in front of the complex.The project will use board and
box lighting fixtures to reduce any impact the parking lot and rear yard/dock lighting may
otherwise have on neighboring properties.The tandem parking spaces we use for the apa ment
units-will minimize paving an.the site and thus reduce storm water impact while irx:reasing
infiltration,purification and retention standards,ail key components of thesustainable design
features of the project and in keeping with desired Best Management Practices
In summary,it is the applicant's understanding.that-the variance request is reasonable,prattical and
meets the criteria set forth In City of Dania Beach code 10.13.as well as other associated regulation
sections in the city code. We are willing to provide additional information should you require ft. Having
heard the couple concerns verbally testified to at the public meeting,after having further
communications with said residents,we are confident that our pmjece5 specifics win alfieviate their
concerns and enhance the quality of life they seek in Dania Beach.
?g(n1g
1"t
rtner,Dania Beach Granterrtures LI C