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HomeMy WebLinkAboutR-2010-031 Shenanigans East side LCC Variance RESOLUTION NO. 2010-031 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN R. HERIN,JR.,ESQUIRE, WITH THE FIRM STEARNS, WEAVER, MILLER ON BEHALF OF THE PROPERTY OWNER PATRICK UTTER, REPRESENTING SHENANIGANS EAST SIDE LLC FROM CHAPTER 28, "ZONING" AND CHAPTER 27, "VEGETATION", FOR PROPERTY LOCATED AT 1302 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances Chapter 28, "Zoning", Article 4.201, "Proximity of beverage establishments", sets the distance requirements for the sale of alcohol from schools and churches; and WHEREAS,the property owner,Patrick Utter,representing Shenanigans East Side LLC is requesting variance (VA-62-09) to allow the sale of alcohol 730 feet from a school; (Chapter 28, "Zoning",Article 4.201,"Proximity of beverage establishments to churches and schools",requires a 1,000 foot separation); for property located at 1302 South Federal Highway, in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on January 20,2010 recommended approval of 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 application VA-62-09 from requirements listed in the Dania Beach Code of Ordinances, Chapter 28, "Zoning" is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on February 23, 2010. 0" . ANNE CASTRO Nag"5 F1i7rT MAYOR-COMMISSIONER ATTEST: Apo LOUISE STILSON, CMC CITY CLERK ATEfl � APPROVED AS AO FO AND CORRECTNESS rx THOM S J. 4siVRd CITY ATTO EY 2 RESOLUTION#2010-031 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 X3643 A� General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat � f�.'7g11'ry9 ❑ Plat Delegation Request ❑ Rezoning ate Reed: .� aG0 Oq ❑ Site Plan DEC 2 81909❑ Yk- �q Special Exception 6?._ tition No.: 1 ❑ Trafficway Waiver Planning Variance Department ❑ Roadway Vacation ❑ 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 fad 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 ClWs Building Department. ��./j Location Address: ' i ��N_(dUl a a T Lot(s)-.9'64 (Bllocck: �y_l Subdivision: _J Pb 0 Recorded Pli Nam�I �n►�� �I11 kI�CY�-� to f U LA"'1 f) Folio Number(s): 4,2 UJ 10(D-030 Legal Descriptlon; 6C ,,,, a ej Applicant/Consultan a resenta ve circleoneJ-•�h �• { W11% AV. f6�L [ yq� Address of Applicant: d % !�f Jf c- 010r ' Business Telephone• IT i• J'Id Home: L Fax: rfftlwl Name of Property Owner: Lr11 119j ��� Address of Property Owner: / ��Q �� 33 Business Telephone: ' `�� 16Home: y ^ ax: _ ( �jj /� ,j Explanation of Request; Vllftwo —b 6eeig 4,orlbl � 4 I e 1:t1�11" U► For Plats please proNde proposed Plat Name for Variances please attach Criteria Statem4t as per beaj,. Article 10.13 of Chapter 28,Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: J t(] - Existing Use: AAITM14 Proposed Use: ALIQL0634 Is property owned individually, by a corporation,or a joint venture? I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. l 4)n T &-Lib Ia o D Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT,,R LEGAL REPRESENTATIVE NOTARIZEDL SIGNATURE Sworn to and subscribed before me Applicant/Consultan sen tiv . This C�p day of D lltLOQl Slgnatur ^^�� Date: tf Sign Name of Notary Public (Print Nam State of(Fiji da ) �p Sfi t ns �)QK NOTARY puBuCSTATE OF FIARTDA Penns Stroud Li, try 4'v6) Print Nam" � Street Address, City tate and Zip Code �a _VJices: OCT.31,2011 rn a , lye 3p y�pgataaunn.ermcsosoaruca,Ac '��Ir,���r`^- /� �(' 2� Commission Expires: �N✓` ��_I 34U f� � —V —3395 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 NOTARIZED SIGNAT R�1 E: This is to certify that the below referenced4erporarem Is the owner f subject lands described above and that I, as a duly authorized officer, have authorize (Applicant/consultant(Representabve) to make and file the aforesaid application. Sworn to and subscribed before me Cacpoca§w Name: � nn((JJ `�!_CL�LL i This _day o / lalk6offi y h s a}}— Signature: Date: Rh icl (der (Print Name) /�Gc-uJ PresIdea } Sign ame of otary ubllc (Print Title) NOTARY PLBLICSTATE OF FLORIDA300 Print Name of NoM Street Address, City, , , Commsson NDD921336 State and Zip eC d Expires: OCT.27,2013 Commission Expi IRVATI cnoNvmc CO,mc 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. EXHIBIT"A" The Southerly one-half of Lots 11, 12, 13, 14 and 15, Block 45, "North Hollywood", according to the plat thereof, recorded in Plat Book 4, Page 1, of the Public Records of Broward County, Florida: less the east 7 feet of said Lot 11 for highway-of-way. d --; I ft � I S R �ag � B't oCo 0 0 G KGIE WINDCW REPLACEMENT•EAST SIDE SHENANIGANS EAST NW•16\IIi MR. GM\p[YT114p10 STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. John R.Herin,Jr. 150 West Flogler Street,Suite 2200 Miami, FL 33130 Direct:(305) 789-3427 Fax: (305) 789-2622 Email: jherin@steamsweaver.com December 28,2009 Ms. Corinne Lajoie,Principle Planner City of Dania Beach Community Development Department 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Alcoholic Beverage Variance Application - Shenanigans East Side, LLC ("Applicant"), 1302 South Federal Highway Dania Beach, Florida (the"Property") Dear Ms. Dion: This firm represents the Applicant, which is the owner and operator of the restaurant located at 1302 South Federal Highway, Dania Beach, Florida and is requesting a variance to Section 4.201(2)of the Dania Beach Code of Ordinances (the"Code"). It is the request of the Applicant that this application be placed on the January 20,2010 Planning and Zoning Board agenda. The Applicant owns the building located immediately to the north of the Property and is operating the two buildings as a single restaurant operation under the name of Shenanigans East Side Pub. In 2008, the City approved and granted a similar variance authorizing the sale of alcoholic beverages from the building immediately located to the north of the Property. The Property is located 738 feet from Olsen Middle School located at S.E. 2"" Avenue and S.E. 12'h Ten-ace. No churches are located within the proscribed distance under the Code.' The granting of the requested variance will enable the Applicant to expand its existing ability to sell alcoholic beverages into the building located on the Property. Furthermore, the Property meets the criteria of Section 10.13 of the Code as follows: • Special conditions and circumstances exist, which are particular to the Property that do not result from the actions of the Applicant. Namely, the building on the Property has existed in substantially the same form since 1978. Historically, the uses located on the Property have always sold alcoholic beverages and the instant variance request seeks the continuation of the historical use of the Property. t See Liquor Survey attached to variance application prepared by James Associates, Inc., dated December 17,2009,Job 5475. I� DEC 2 8 2009 WWI • FORT LAUDERDALE • TAMPA • TALLAHASSEE Planning Department Ms. Corinne Lajoie, Principle Planner City of Dania Beach Community Development Department December 28,2009 Page 2 • Granting of the variance request will not confer any special privilege on the Applicant that is denied to other properties in the same zoning district, as there are several nearby businesses within 1,000 of Olsen Middle School that also serve alcoholic beverages. • Literal interpretation of the Code would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the City Code and would work unnecessary and undue hardship on the Applicant, as there are other nearby businesses within 1,000 of Olsen Middle School that also serve alcoholic beverages. • The variance requested is the minimum required to make possible the reasonable use of the Property, as Olsen Middle School is the only educational facility or church established within 1,000 feet of the Property. • The granting of the variance will be in harmony with the general intent and purpose of the City Code and will not be injurious to the area involved or otherwise detrimental to the public welfare, as the. historical use of the Property, and that of the property immediately to the north have involved the sale of alcoholic beverages. The granting of the variance is in accordance with other rights commonly enjoyed by other properties in the same zoning district and will not be detrimental to the City or surrounding property owners, as there are several nearby establishments serving alcoholic beverages. This office has been in communication with the City Attorney, Chief Code Enforcement Officer and representatives of the Community Development Department in connection with code enforcement matters (i.e., a tiki but that has been erected between the two adjacent property locations). The City Attorney, Chief Code Enforcement Officer, and Community Development representatives have agreed that an acceptable remedy to this matter is for the Applicant to execute a Unity of Title for the properties located at 1300 and 1302 South Federal Highway. The Unity of Title Agreement will be recorded in the Public Records of Broward County Florida prior to the Public Hearing on this Application. Alternatively, the Applicant will proffer an acceptable form of Unity of Title Agreement at the Public Hearing on this matter, and agree the recordation of same to be a condition of approval of the variance application. STEARNS WEAVER MILLERWEISSLER ALHADEFF Ez SITTERSON.P.A. Ms. Corinne Lajoie,Principle Planner City of Dania Beach Community Development Department December 28, 2009 Page 3 Thank you for your consideration to this matter. Please contact me or my paralegal, Penni Stroud, if you have any questions or require additional information. My contact information is above and Penni can be reached by phone at 305.79.3422 or e-mail at pstroudAsteamsweaver.com. Since ly Jo erin,Jr. J Enclosures A 127216 J2 33573-W City of Dania Bewh.lma of intent STEARNS WEAVER MILLERWEISSLER ALHADEFF &SITTERSON.P.A.