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HomeMy WebLinkAboutR-2010-071 Learn N Smile Variance RESOLUTION NO. 2010-071 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE VARIANCE REQUESTS SUBMITTED BY LUIS OJEDA,ON BEHALF OF LEARN AND SMILE PRE-SCHOOL FROM CHAPTER 26, "LANDSCAPING", ARTICLE IV, "VEGETATION" AND CHAPTER 28, "ZONING", ARTICLE 6.21, "OFF-STREET PARKING", FOR PROPERTY LOCATED AT 4233 GRIFFIN ROAD IN DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach Code of Ordinances, Chapter 26, "Landscaping", Article IV,"Vegetation",prescribes the landscaping requirements for properties located within the City; and WHEREAS, the City of Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21,"Off Street Parking",prescribes the parking requirements for properties located within the City; and WHEREAS, Luis Ojeda, on behalf of Learn and Smile Pre-School is requesting variances for the following: A) (VA-52-09) to allow for six (6) onsite parking spaces and four (4) vehicle stacking spaces. (City of Dania Beach Code of Ordinances,Chapter 28"Zoning",Article 6.21, "Off-Street Parking",requires 22 parking spaces and six(6)vehicle stacking spaces); B) VA-53-09 — To allow for an on-site parking area without providing vehicular use area landscaping (terminal landscape islands and a five (5) foot perimeter buffer). (City of Dania Beach Code of Ordinances, Chapter 26 "Landscaping", Article IV "Vegetation",Section 26-48,requires vehicular use area landscaping when there is a structural addition which increases the total gross floor area of any existing building on the property more than 500 square feet), for property located at 4233 Griffin Road in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on April 21,2010,recommended approval of 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That those certain applications referenced as VA-52-09 from requirements in Chapter 28,"Zoning",Article 6.21,"Off-Street Parking"and VA-53-09 from requirements in Chapter 26, "Landscaping",Article IV, "Vegetation"of the City Code of Ordinances are 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 May 11, 2010. MAYOR-COMMISSIONER ATTEST: �o�PPo'S FIRST C�6 LOUISE STILSON, CMC CITY CLERK - APPROVED AS TO N� / FO AND CORREC r THOMAX).'A14SBRO CITY TTORNEY 2 RESOLUTION#2010-071