HomeMy WebLinkAboutR-2010-002 Shaggy Dog Variances RESOLUTION NO. 2010-002
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY MARK ENGEL, ARCHITECT,
REPRESENTING THE PROPERTY OWNER RUSSEL M.LAZEGA,PRESIDENT
OF SHAGGY DOG HOLDINGS,LOCATED AT 45 EAST SHERIDAN STREET,
DANIA BEACH FROM CHAPTER 28,"ZONING",ARTICLE 28,"21.17 SOUTH
FEDERAL HIGHWAY TRANSIT ORIENTED CORRIDOR (TOC-2)";
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning" Article 21.17
South Federal Highway Transit Oriented Corridor(TOC-2),prescribes the parking regulations within
the City of Dania Beach TOC-2 zoning district; and
WHEREAS, Mark Engel, an architect representing the property owner Russel M. Lazega,
President of Shaggy Dog Holdings, has applied for a variance to allow for 6 onsite parking spaces
(Chapter 28,"Zoning", Article 21.17, "South Federal Highway Transit Oriented Corridor(TOC-2)
District", requires a minimum of 41 onsite parking spaces)for property located at 45 East Sheridan
Street, Dania Beach; and
WHEREAS,the Planning&Zoning Board on December 16, 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 the variance application for the variance described above from
requirements in Chapter 28, "Zoning" 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 with the
following conditions:
• Fire hydrant flow tests must be completed(Fire Marshal)
• Provide verification of Sanitary Waste service provider (Public Works/Planning)
• Provide renderings of proposed signage (Planning)
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repealed to the extent of such conflict.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 January 12, 2010.
a
ANNE CASTRO
MAYOR—COMMISSIONER
ATTEST: ®�o�JPaD_S FIST oy
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO AND CORREC SS:
r ITA
THOM S J. OSVF,6
CITY ATTORNEY
2 RESOLUTION#2010-002
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954)924-6805 Phone
www.daniaboachfl.gov
General Development Application
❑ Administrative Variance
❑ Assignment of Flax/Reserve Units
❑ Land Use Amendment
❑ Plat
O Plat Delegation Request t I O q
❑ Rezoning Junes( Date Redd:
Site Plan �y❑ Special Exception Petition No.: Oq
I
❑ Trafflcway Waiver AUo ? 3 2009
X Variance VA �U '-b I
❑ 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: 45 East Sheridan Street
Lons): 12,13,14 Block: 3 Subdivision: St. James Park North
Recorded Plat Name: St. James Park North
Folio Number(s): 5142 03 07 0660 Legal Description:
:ap Consultan (circle one)
Mark Engel, Engel and Associates, Inc.
Address of Applicant: 4800 SW 64th Ave, Suite 104 Davie, Florida 33314
Business Telephone: 954.791,4810 Home: Fax: 954.797.4811
Name of Property Owner Russel M. Lazega
Address of Property owner: 13499 Biscayne Blvd. #107 N. Miami, FI
Business Telephone: 305.981.9055 Home: Fax: 305.981 .9053
Explanation of Request: Site Plan Approval
For Pfau please provide proposed Plat Name fur Variances please attach Criteria Statement as per
Amide is m of chapter 28,Zoning Code. .
Prop. Net Acreage: '38 Gross Acreage: *77 Prop. Square Footage: 16,800
Existing Use: Commercial _ Proposed Use: Commercial
Is property owned individually, by a corporation, or a joint venture? Shaggy Dog Holdings, LLC
I understand that site plan and variance approval automatically expires within 12
mo hs f City Commission approval, pursuant to Ordinance No. 20OS-040.
Mark Engel 8/6/09
Ap?cant/Ownet4laiWiW Print Name Date
APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me AppI cant/Consul t/Re resentative:
This 6th da of August 2009
// Signature:
Date:8/6/09
Ken Nolan Mark Engel
Sign Name of Notary Public (Print Name)
State of( )
Ken Nolan 4800 SW 64th Ave #104 Davie, A 33314
Print Name cfAW KENNOLAN Street Address, City,State and Zip Code
NEXPIRES:J*21,2M27
" EiirJi* IXPIpES:.hdy21,2012
'� izwan�aa%ia.vsrn�. p954.791.4810 f954.791 .4811
Commission Ex
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_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 NOTARIZEL _AGNATURE:
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)
to make and file the aforesaid application.
Sworn to and subscribed before me Corporation ame: I ' l
S a �e lea I d w S LL.c
This/> day o ' v g' 20 O
Signature:
Date: I3
(sse
(Print Name) J
Sign Name gtNotaryVublic (Print Title)
State of
Print Name of Notary Street Address, City, State 6—nnd Zip Code
Commission Expires: . 0 2-- 36-9 IV ?n5'
Seal: Telephone No. & Fax No.
ftft-left Of
Fbft
«Afft" ii
c oo mao?
JOINT VE ifEIPAR ZED 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.
Engel and Associates,-Inc.
Architecture o Planning
4800 S.W.64"Avenue,Suite 104 is Davie,Florida 33314
954.791.48I0 is Fax 954.79IA811 m AA0003607
November 19,2009 p
City of Dania Beach p>(�Rt
Planning and Zoning Division
100 West Dania Beach Boulevard ti
Dania Beach,Florida 33004
NOV 2oUs
Re: SP-39-09 Review
Parking Variance for office building.
Shaggy Dog Holdings,LLC
Variance Justification Statement
Shaggy Dog Holdings,LLC is submitting a site plan forrenovations and additional to an existing retail strip Center located
at 43 East Sheridan Street The existing site has a small amount of surface parking along Sheridan strect which has been
greatly reduced thm the years as a result of additional right of way being taken for Sheridan Street(28'additional ROW).
The site is within the CRA boundaries and more specifically the TOC-2 zoning district In order to maximize the site and
to conform with the master plan and vision for the CRA,we will be renovating approximately 50%of the building and
replacing the other half with a 2 story Rey West style office building. The site currently has approximately 10 parking
spots. In order to comply with current code with regards to handicapped parking and landscaping,the existing parking in
the front of the building will be reduced to 6 spots. In addition,in compliance with the goals of the CRA,we will be
providing 6 additional on street parking spots. The building as proposed would require approximately 31 spaces. In order
to meet the parking requirements the site has an off street parking agreement with the neighboring Church. Since the
Church is used primarily on the weekends and the office building will be used during the week,this arrangement works
well. In order to get site plan approval this project will require a variance to reduce the amount of on site parking spots
from 31 to 6 with the knowledge that 6 additional parking spots will be installed on sheet and an agreement for 33
additional spaces is in place offsite.
Section 10.13 of the City's Zoning regulation sets forth the criteria for obtaining a variance. These criteria,and the
responses are below:
(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 proposed site has been greatly reduce due to additional ROW and there is not enough room in front of or
behind the existing building to provide the required parking.
(b) That the special conditions and circumstances do not result from the actions of the applicant;
The ROW was taken by the County from a previous owner and were not the result of any actions from Shaggy
Dog Holdings,LLC.
(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;
Shared Parking agreements are typically encourage by CRA's to help foster a mix of uses and reduce the amount
of parking necessary to get typical urban development
EAOg PROJECrSOM Shaggy Dog Holdings,LLC\Coonv pondeme\0828-L Varim"-091119.doc
Sam Engellr.,AL4 0 AR0003129 El s in6yerwlniacom 0 Mark Engel,AIA 0 AR0017517 0 ina i e elnia.com
Shaggy Dog Holdings,LLC Variance Justification Statement
(d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by
otherproperties in the same zoning district under the terms of this chapter and would work unnecessary and undue
hardship on the applicant;
In the event that this parking variance would not be granted,the applicant would not be able to redevelop his site
in keeping with the goals and objectives of the Dania Beach CR4. The redevelopment of the site would further
enhance the surrounding properties and help reduce the amount of land used for parking.
(e) That the Y- c`e granted is the minirmn a vari that will make possible the reasonable use of the land,building or
structure,
Every attempt has been made to maximize the amount of parking that can be provided around the existing
building. Due to the size of the lot and increased landscaping requirement,only 6 spots can be provided on the
existing site.
(fj That the grant of the vaiiab will be in harmony with the general intent and purpose of this chapter,and that such
vsnano will not be injurious to the area involved or otherwise detrimental to the public welfare
The granting of this variance will in no way negatively effect the surrounding area By allowing shared parking,
the City can reduce the amount of land used for parking and allow for the expansion and renovation of a
dilapidated structure. The renovation of the building which is dependent on the granting of the variance will
greatly improve the look of the neighborhood,bring more visitors to the surrounding business and will allow for
more efficient use of land and ultimately a better tax base for the city.
We feel our request for a parking variance meets all the requirements of Section 10.13 of the Dania Beach Zoning Code
and hope you will approve the variance.
If you have any questions,please feel five to contact my office.
Since fely,
Mark Engel,
AR0017517
Sam Engel Sr.,AIA 0 AR0003129 13 tnet M Mark Engel,AIA 0 AR0017517 Elmeneel-audrdatcn<I