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HomeMy WebLinkAboutR-2011-146 - Approved variance request for Broward Casting Foundry, Inc. at 2240 SW 34 Street RESOLUTION NO. 2011-146 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VARIANCE REQUEST SUBMITTED BY ATTORNEY ROD FEINER ON BEHALF OF BROWARD CASTING FOUNDRY, INC., FROM THE UNIFIED LAND DEVELOPMENT CODE, PART 1, "USE REGULATIONS",SECTION 115-40,"SCHEDULE OF PERMITTED USES"AND PART 2, SECTION 265-170, "NONCONFORMING PARKING FACILITIES", FOR PROPERTY LOCATED AT 2240 SW 34T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Part 1, Section 115-40 of the Unified Land Development Code("ULDC")sets the requirements for outdoor storage in the IROM-AA zoning district for the City of Dania Beach; and WHEREAS,Part 2,Section 265-170 of the ULDC sets the requirements for nonconforming parking facilities in the City; and WHEREAS,Attorney Rod Feiner,representing Broward Casting Foundry,Inc.,is requesting the following: 1) 17 parking spaces; ULDC, Section 265-170 requires a minimum of 19 spaces; and 2) Outdoor storage without a landscape buffer; ULDC, Section 115-40 requires a 10 foot landscape buffer for outdoor storage, for property located at 2240 SW 34`h Street in the City of Dania Beach; and WHEREAS,the Community Development staff has reviewed this request and recommends that the City Commission grant it; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-38-11 for the variance described above from requirements in the Dania Beach ULDC,Part 1, Section 115-40 and Part 2, Section 265-170,a copy of which application is attached to and made a part of this Resolution as Exhibit"A", is approved, subject to the construction of a solid opaque fence to visually screen the outdoor storage area along the south property line of the subject property located at 2240 SW 341h Street,Dania Beach,Florida, to be enacted when the property to the south is developed. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 10, 2012. ATTEST: LOUISE STILSON, CMC _ PATRICIA A. FLURY CITY CLERK 'NAB 1 MAYOR APPROVED AS T FORM AND CORRECTNESS: THOM S J. AN CITY ATT�RN Y 2 RESOLUTION#2011-146 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 13, 2011 TO: Robert Baldwin, City Manager VIA: Robert Daniels, Director FROM., Kristin Dion, AICP, City Planner Corinne Lajoie, AICP, LEER Green Associate, Principal Planner SUBJECT; VA-38-11: The applicant, Attorney Rod Feiner, on behalf of Broward Casting Foundry, Inc, is requesting a parking variance and a landscape variance for property located at 2240 SW 34 Street. VARIANCE To allow the following: 1. 17 parking spaces; code requires a minimum of 19 spaces, Section 265-170. 2. Outdoor storage without a landscape buffer; code requires a 10 foot landscape buffer for outdoor storage. Section 115-40. PROPERTY INFORMATION EXISTING ZONING: Industrial Research Office Marine — Airport Approach ([ROM-AA) LAND USE DESIGNATION: Industrial Broward Casting Foundry, Inc. is a family owned and operated business established in the 1960's. Broward Casting produces cast aluminum products such as furniture, mail boxes, street signs, marine products and a variety of ornamental castings. The company has been in its current location, 2240 SW 34 1h Street, since 1986. At the time, the property was within unincorporated Broward County and had a heavy industrial Broward County zoning designation of M-3, which permitted this use. The use of this property to manufacture and store these products has not changed since its inception. According to the Code Compliance Manager, there is an active code case on the property from 2007 which consists of several violations including outside storage, prohibited use of parking area, storage container on site and debris. The applicant is now seeking a variance to permit the reduction in parking and the outdoor storage container. The site was inspected by code compliance on September 16, 2011, and there were additional non-permitted outdoor structures that that must be removed. Staff will coordinate with the applicant to ensure that these structures are no longer onsite prior to the scheduled City Commission hearing. PARKING VARIANCE The original approved She plan provided 18 parking spaces. After Browxand Casting moved into its current location, Florida Power and Light installed two power poles Dnthe property within existing parking area. The location of the poles created onon-navigable area for vehicles. As e naau|i, the property owner lost two parking spaces. This parking reduction did not result from the actions of the applicant. Due to the configuration of the building and parking, the relocation of the two parking spaces is not possible. LANDSCAPE VARIANCE After the installation of the FPL poles and loss of parking area, the property owner � decided to use this space for extra storage and installed a [8i|nJ8d car to warehouse � finished merchandise. The current zoning of |R[}K8-AA permits for accessory outdoor storage provided e 10 foot landscape buffer is installed. The property is already developed Rnd it is not possible to fit both the storage and the landscape buffer in this area The main building does not have enough storage space for the amount of merchandise produced and the applicant requires extra warehouse space provided by the rail car. The container has been used for approximately 2Oyears in this location. The storage container is located on the south side of the property and abuts vacant industrial property owned by Broward County. It is partially screened by existing natural vegetation along the southern property line. In accordance with Section 625-40 of the ULDC, variances may be granted when: (1) Special conditions and cinuUnnsdanoee exist which are peculiar to the |mnd, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (2) The special conditions and circumstances do not result from the actions of the applicant-, (3) Granting the variance requested will not confer onthe applicant any special privilege that is denied by this code to other |mnda. buildings or structures in this same zoning district-, (4) Literal interpretation of the provisions of this code vvmu|d deprive the applicant of rights commonly enjoyed byotherpropertieainthomaDOe zoning district under the terms of this code and would work unnecessary and undue hardship on the applicant; (5) The variance granted i8 the minimum variance that will make possible the reasonable use nf the land, building orstructure, and (8) The variance granted will be in harmony with the general intent and purpose ofthis Land Development Code, and that such v8[imnCn will not be injurious to the area involved or otherwise detrimental to the public welfare. STAFF RECOMMENDATION Approval with the condition that all other non-permitted structures are removed prior to the City Commission hearing. 20, END OCT 3 t 2011 City of Dania Beach, Florida Planning Department of Community Development Deparftnent Planning and Zoning Division (954)924-6805 X3643 (954)922-2687 Fax Standard Development Application I Administrative Variance J Land Use Amendment J Plat ;J Rezoning Date Rec'd. J Site Plan r .J Special Exception Petition No.: _ 11 19 Variance Z] Other: (SM APPUCATIUN rYPE SCHEME PAGES 3#d) 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 impart 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 Building Division. For more information please 'reference the Dania Beach Land Development Coda Part 6, Development Review Procedures and Requirements. Location Address: 2240 SW 34th Street Lot(ss) 6_.....--- Block: 2__ .,.._ Subdivision' Reed A. Bryan Recorded Plat Name: International Industrial Park(unrecorded) M Folio Nuniber(s): 5042 2000 0665 Legal Description` see attached Applicant/Gonsultan(:Aegal Represent iv circle one) Rod A. Feiner, Esq. Address of Applicant: 1404 S.Andrews Ave. Fort Lauderdale FL 33316 Business Telephone: 954-761-3636 Horne: __...v Fax: 954-76171818 E-mail addre coker:feiner com Narne of Property owner: ,Broward Casting Foundary, Inc. Address of Property Ownerr 2240 SW 34th Street, Dania Beach, FL 33312 Business Telephone: f _ e: Fax; Explanation of Request: Variance For Plats please pr-ri:rrde proposed Plat Name for Variances p/eaTe attach Cri wtr r Statement as per Section 525.40 of the Land lleaeloprr ent Cade, Prop. Net Acreage: «48:._._._._ Gross Acredye: f52 Prop. Squae Footage, 21,000 Existing Use: � Proposed Use:., light man./machine shopre: Light Man/Machine shop with _ t of a Is property owned individually, by a corporation, association, or a joint venture? corporation APEQINTMENT OF AN AUTHORIZED R P E NTATIVE ...................... I/we are fully aware of the request being made to the City of Dania Reach. If I/we are unable to be present,I/we hereby authorize 13od A. Feiner, Esq. and Coker& Fainer (individuallfirm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania 8each Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code. A (owner / Agent sOature*) (3oint owner signature If applicable) NOTARY REQUIRED; S M 7F`OF FLORIDA COUNTY OF BROWARD rhe foregoing il?strumel?t was acknowledgeO�- 441 20 SEFORE ME THIS Ic — DA Y OF by.- 6A-00 JI-Z o (Print the owire or agent name signing acknowledgment) Who ts/are Personally known to me '71 or Produced Identification ............ Type of identification produced: OF Drivers License Nolary Public-Me of Florlds Notary Signature: My Cow�Expires Jan 20.2015 Cwtirnission#EE 66777 Printed name of no�a-r;w: DM 11006d Tkro*fWanal Notawy Asin. ............... ............. ownership, both parties must sign. If partnership, corporation or if joint association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICA 7ION WILL, BE A UTOKA 77CA 1,4 Y SCHEDULED FOR A MEETING, ALL APPLICArIONSMLISTSEDETERMrNEDCOAfPLETEOYSTAFF BEFORE PROCESSING OCCLIRS, 14 of 4 REQUEST AND JUSTIFICATION FQ►R VARM..NCE OCT 3 1 RNuesf 'farm trne- A. A variance is requested from Section—265-170 of the Code in or conforming parking lot to have 17 parking spaces instead of the 19 parking spaces which were approved on the initial site plan. B. A variance is requested from Section 115-40 of the Cade in order to permit accessory outdoor storage without the required 10 foot landscape buffer. Justification Stcrtenrents com.rnon to all criteria. Broward Casting was first established as a business in Broward County in the 1960s. Since that time the business has been and remains a family owned entity. In I986, as pan of the then Broward County Airport Expansion Project,Broward Casting was relocated to its current locationof2240 SW 14`'Street. When Broward Casting was relocated to its current location Broward Casting received both a site plan approval and a variance for its light manufacturing; and machine shop use from Broward County: When Broward Casting was relocated to its premises the property was located in Unincorporated Broward County and zoned M-3 e which is the heaviest industrial and commercial zoning designation which a property can be given in Broward Comity. Broward Casting has always maintained the same type of business and has always been engaged in the same type of business. Almost immediately aftertnoving onto its current property Florida Power & Light installed two pouter poles on the property. The power poles were installed existing in parking spaces. Pictures of these power poles are included in this variance application. The installation of the power pole in the rear of the property had an unintended effect with regard to the back area of the property{and the two parking spaces behind the pourer pole. The installation of the power pole made this area:unusable for parking. The turn ratio for any vehicle which would use these parking spaces became non-navigable and the backup area also became problematic. As a result of this area not being usable for parking, Broward Casting converted the back area to a storage use. Broward Casting installed,a railroad car and used the internal space in the railroad car for staring material_ The storage shed makesthe rear area of the property usable and also functions to screen the actual:storage or material. I. Special conditions and circumstances exist which are peculiar to the land,structure, or building involved and Which are not aplalicable to other lands,structures uctur°es or buildings in the same ;riming district, A&B. The special conditions and circumstances which exist is that Florida Power&Light installed electrical power poles on the subject property in areas which were previously allocated for parking spaces. The installation of the power pales in the rear of the property made the area behind the power pole non-usable for parking and perfect for accessory outdoor storage. Furthermiore,the area in which the outdoor--storage is occurring is not capable of supporting both the landscaping that would be required by Code as the area is composed entireh, of pavement and there is neither irrigation.or soil present on the site. 2. The special conditions and circumstances do not resuItIfi-o"7 the actions of the applicant, A&B. The special conditions and circumstances do not result from the actions of the applicant. Instead they were due to the actions of Florida Power& Light and the installation of power poles on the property in parking spaces. 3. Granting the variance requested-willnot coi7l ron tl?,eapplicai?faii.i,sl,)ecialpi-iiilcgt� that is denied by this code to other lands, buildings or structures in this same zoning disirict. A. Granting the variance will not confer on the applicant any special privilegre. A variance for parking does not confer any special privileges as other buildings and structures can also obtain relief for off-street parking issues. In addition.no special privilege is being granted as the building on the property is already existing and the site is built out. To make up for the loss of two parking spaces the owner would have to demolish a part of its existing structure. Furthermore, there is more than sufficient parking for the use which is ongoing on the property°as Broward Casting has more than a sufficient number of parking spaces for its employees and customers do not come to the business, B. Granting the variance will not confer on the applicant any special psis ilege, Accessory outdoor storage is a permitted use in the IROM-AA zoning district. Furthermore,the property has alreadv been developed and the landscape buffer that is required by Code for the accessory outdoor storage would encompass the area necessary for the accessory outdoor storage and make accessory outdoor storage an impossibility. 4. Literal interpretation of the provisions of this code would deprive the apphcant of rights com.ntonlY enjoyed by otherproperties in the sainezoning district under the terms of this code and would work unnecessai-1,and unduc bardship on the applicant. A. The literal interpretation of the provisions of the Code would work an unnecessary hardship on Broward Casting. The installation ofthe FP&Lpawer/electrical pole has rendered these two parking spaces useless. The site has already been constructed and the buildings have been in existence on the site for over 25 years. The only manner in which the property can accommodate the two additional parking spaces required is for Bro,,vard Casting to demolish a part of a building which has been in existence for over 25 years and which is necessary for the business operations of the property, The requirement to demolish an already existing building would be a sign1f cant and undue hardship. B. The literal interpretation of the provisions of the Code would deprive the applicant of rights enjoyed by other properties and cause an undue hardship on the applicant. The placement of the power poles by,FUL in the rear of the propertyhavc effectively deprived the applicant of the use of the back portion of its properly, The area was previously to be used for parking spaces. However,the installation of the power pole has prevented the rear of the property from being used for this purpose. If the space cannot be used for accessory outdoor storage then the rear of the property has no use whatsoever and that would work an unnecessary and undue hardship on the applicant.. Furthermore, a 10 foot landscape buffer would also render the available area for storage minuscule so as to render the area useless. In addition to that. the area is already paved and the installation ofboth landscaping and the irrigation necessaryto serve such landscaping will also cause undue hardship. 5. The variance granted istheininimun?variance that willinakepossible the reasonable use of the land, building or structure. A. The granting of the variance is the minimum possible variance. The owner is only seeking a variance for those parking spaces which have been lost due to the imposition of the power poles.. In addition, the owner has attempted to place the lost two parking spaces elsewhere on the site. These parking spaces cannot be placed elsewhere because the owner would then have to replace an existing landscape area with parking spaces or the parking spaces would cause a threat to traffic. B. The granting of the variance is the minimum possible variance. The accessory outdoor storage area is only sought to be located on that area which has been rendered unusable by the installation of the power pole. Since the site had already been constructed there is no available area for landscaping to be placed. Furthermore, if a 10 foot landscape area were added to the proposed accessory outdoor storage area then the storage area would be reduced to a non-existent and non-functional area. In addition. since the site is already developed and the proposed storage area is to be located in area between two buildings, a smaller landscape area with accompanying irrigation is not reasonably possible. 6. The variance granted will be in harmon*i-tvith the general intent and pw pose of this Land Development Code, and that such variance will not be injurious to the area involved or Oth,el-Wise detrimental to the public welltare. A. The proposed variance is in harmony with the general intent and purpose of the land development code. The site currently has a sufficient number of parking spaces so the granting of the variance will not create any deficit in actual parking. In addition, the loss of the two parking spaces is the result of actions taken by FP&L and thus the intent of the Code., to provide sufficient parking spaces. is being met as no additional space on the site can be utilized for parking. B. The granting of the variance will be in general harmony with the purpose and intent of the Code. The purpose of the landscaping requirement is to screen the accessory outdoor storage from adjacent properties and the road night-of-way. The accessory outdoor storage area will be effectively screened. The storage area is screened from adjacent property by existing buildings. In addition, the proposed storage area is screened from the rear because the rear of the property is owned byBroward County and that property is being used for airport clearance areas. Thus'.the rear property is not going to be used. For any developmental purpose and the property to the rear also acts as a buffer. Finally.the;accessory,storage area is effectively screened from the adjacent roadwa% by virtue of its bath dead end location and the storage container in whieh the outdoor storage occurs. Blank Past~ I oft Dion, Kristin From: Rod A. Feiner[rafeiner@coker-feiner.com) Sent: Wednesday, November 30, 2011 9;49 AM To: Dion, Kristin Cc: bcf@gattofurniture.com Subject., RE: Broward Casting Variance Kristin — A brief little update. I spoke to my client(they are a brother and sister owner). The goalwas to have the machinery that is the reason for the non-compliance removed before the variance hearing. However,the brother of the ownership has had severe medical conditions over the past month. Specifically, he has been in and out of the hospital due to respiratoryissues and they even had to put in a trachea to help him breath. Needless to say, these family medical issues with a family run business have caused delays in a wide variety of issues and spectrums, one of which is the removal of the sandblasting machine. i have spoken to the sister. She is trying to remove the machine before the December 13th hearing. We will know more by the end of next week whether or not this is possible. If it is not possible,.then we will agree to continue the variance hearing until the first meeting in January,2012 (we can continue to a time certain to avoid having to re-advertise). That will give the added sufficient time to remove the sandblasting machine. Thanks and I will keep you updated. Let me know if you have any questions or if this game plan is not sufficient for you. Rod Rod A. Feiner, Esq. Coker&Feiner 1404 South Andrews Avenue Fort Lauderdale, Florida 33316 Telephone: (954)761-3636 Facsimile: (954) 761-1818 rafeiner@cok�r-felner;com This e-mail message and any fifes transmitted with it are subject to the attorney-chant privilege and contain confidential information intended only for the person(s)to whom this-e-mail message was addressed. If you are not the intended reclpient of this e-mail,you are hereby notified that any dissemination,distribution or copying of this:communication is prohibited, if you have received this e-mail in error,please notify the sender immediately by either return e-mail or contacting Rod A.Feiner,Esq.,Coker 8-Feiner, 1404 S. Andrews Ave.,Ft.Lauderdale,FI.33316 and destroy the original of this message without making a copy. Thank you: From: Dion, Kristin [ma'tlto.,kd on@ci.dan a-beach.ft,us7 Sent: Monday, November 28, 2011 11:41 AM To:'Rod A. Feiner Subject: Broward Casting Variance Good Morning Rod, As you requested,the staff report is attached for your review. Please relay to your client the importance of removing the other non-permitted structures. Since there are active code 11/30/2011 Blank Page 2 of'2 III violations,we cannot support a variance request until the other structures are removed. If they are not removed prior to the commission hearing,we will table this item or recommend denial. Thank you. 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J . } � � �� � � \ � �� . � � , . \ ..: . . . . . �::z�.�,�, I ���/ \ . ^��/ \ « \ ^ '3 } ( / � ) \ : <� . 2' � � a> , < � � . . . } )\ � � � . � � \} . . . . ®�\�� � - . . .. .r � \ ��\/ \����\ � �� � � � . /��/,��» e v:��w d> � . . .����t2222 . . . .�, w . . . . . . . . NIA-39-11 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hewing will be held before the City Commission, on Tuesday. December 13, 2011, or as soon thereafter as possible in the Dania Beach City- Commission Room. Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the fallowing request: VA-38-11 — Attorney Rod Feiner, representing Broward Casting Foundry, Inc., is requesting the following variances for property located at 2240 SW 34TH Street in the City, of Dania Beach.` 1) 17 parking spaces; (Unified Land Development Code Section 265-170 requires a minimum of 19 spaces.) 2) Outdoor storage without a landscape buffer: (Unified Land Development Code Section 1 l 5-40 requires a 10 foot landscape buffer for outdoor storage.} Property is legally described as: 5042 20 00 0665 20-50-42 E 100 OF W 535 OF N 210 OF S 410 OF NW l/4 OF SE1/4 OF SEI/4 AKA LOT 6 BLK 2 INTERNATIONAL PK A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY ATTORNEY ROD FEINER ON BEHALF OF BROVvARD CASTING FOUNDARY, INC, FROM THE UNIFIED LAND DEVELOPMENT CODE PART 1 USE REGULATIONS 'SECTION 115-40 SECHDt1LE OF PERMITTED USES AND PART 2, SECTION 265-170 NONCONFORMING PARKING FACILITIES; FOR PROPERTY LOCATED AT 2240 SW 34TH STREET, DANIA BEACH.: PROVIDING FOR CONFLICTS:FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed request(s)are available for viewing in the Community Development Department,, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m.. and 4:00 p.m., Monday—Friday please call (954)924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Bled, Dania Beach, FL 33004,(954) 924-6800 x 623,at least 48 hours prior to the meeting. Please be advised that if a person decades to appeal any decision made by the Local Planning Agency, the Planning and. Zoning Board or the City Commissionwith respect to any matter considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. The city does not provide or prepare such record pursuant to f.s. 286.0105. Lou Ann Patellaro Building and Planning Operations Mgr. Friday. December 2.2011 Variance -VA-38-11 2240 SW 34th Street Broward Casting _1595 _RAMP -= - _ __.... 95 - zi 3 I _ f - -T1 Z. •11 l k5� s I rlR M-AA _1 4TH-ST---IT j SITE F lei 0 � �;