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Home My WebLink AboutR-2012-014 Approved request for Sign Variance by Jay Mitchell of Halpern LTO, LLC for property at 1437 South Federal Highway RESOLUTION NO. 2012-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A SIGN VARIANCE SUBMITTED BY JAY MITCHELL,VICE PRESIDENT OF HALPERN LTO,LLC, FROM THE DANIA BEACH LAND DEVELOPMENT CODE, SECTION 505, "SIGN REGULATIONS" FOR PROPERTY LOCATED AT 1437 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Part 5, Article 505 of the Dania Beach Land Development Code sets the signage regulations for zoning districts in the City of Dania Beach; and WHEREAS,Jay Mitchell,Vice President of Halpern LTO,LLC,is requesting the following variances relating to signage in the Community Redevelopment Area(CRA) South Federal Mixed Use (SFED-MU) zoning District: 1. To allow a 53 square foot sign(Land Development code allows a maximum size of 45 square feet pursuant to Section 505-140(c)); and 2. To allow a 3.5 foot high sign;(Land Development code allows a maximum height of 2.5 feet pursuant to Section 505-140(c)); for property located at 1437 South Federal Highway, in the City of Dania Beach; and WHEREAS, the Community Development staff and CRA Director have reviewed this request and recommend that the City Commission grant approval of the variance request; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application VA-02-12 for the variances described above from requirements in the Dania Beach Land Development Code, Part 5, Section 505-140(c), a copy of which application is attached and made a part of this Resolution as Exhibit"A", 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on February 14, 2012. ARp'S F1RTT ATTEST: --kAo-k) LOUISE STILSON, CMC PATRICIA A. FLUKY CITY CLERK �ti MAYOR 'T�'ORATE� 1 APPROVED AS T)p FO AND CORRECTNESS: r)"I / THO AS J. ANSBR CITY ATTORNEY 2 RESOLUTION#2012-014 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT sue„ T STAFF REPORT DATE: February 14, 2012 TO: Robert Baldwin, City Manappr VIA: Robert Daniels, Director FROM: Kristin Dion, AICP, City Planner Corinne Lajoie,AICP, LEER Green Associate,Principal Planner i SUBJECT: VA-02-12: The applicant, Jay Mitchell, is requesting approval of a sign variance from Section 505-140(c) for a property located at 1437 South Federal Highway, VARIANCE': 1. To allow a 53 square foot sign, code allows a maximum size of 45 square feet. 2. To allow a 3.5 foot high sign; code allows a maximum height of 2,5 feet. PROPERTY INFORMATION EXISTING ZONING: South Federal Mixed Use (SFE'D-MU) LAND USE DESIGNATION: Regional Activity Center (RAC) OVERLAY DISTRICT Community Redevelopment Agency (CRA) and Principal Arterial Design Standards The proposed sign is for a single occupant retail building on the northeast corner of Federal Highway and SE 15th Street. Total signage permitted by city regulations is 0.5 square foot per each 1 linear foot of 'building frontage, with a maximum vertical dimension of 2.5 feet. The subject building has a linear frontage of 90 feet along Federal Highway, allowing a 45 square foot sign. The proposed sign is approximately 53 square feet with a maximum height of 3.5 feet for the first letter, and the remainder of the sign is 2.6 feet in height: The applicant is also installing a sign on the SE 15th Street frontage which complies with city sign regulations, The applicant states that the maximum signage permitted by code is not adequate for such a large building fai;ade. In addition, the applicant feels that literal interpretation deprives the property of rights enjoyed by other properties in the same zoning district because it is not possible to install a monument sign due to the building's proximity to the street, Finally, the applicant feels that the variance request is a minimal amount and- notes that McDonald's, which is located in the same area, is also a stand alone building that appears to have signage that exceeds code requirements, In accordance with Section 625-40 of the ULDC, variances may be granted when: (1) 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: (2) The special conditions and circumstances do not result from the actions of the applicant: (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other lands, buildings or structures in this same zoning district-, (4) Literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this code and would work unnecessary and undue hardship on the applicant; (5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and (6) The variance granted will be in harmony with the general intent and purpose of this Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. This application has been reviewed by the Community Development Department and the CRA Director. The subject property is the only large (6,100 square foot) stand alone retail building located on South Federal Highway with the exception of Baer's Furniture, which has a large wall sign as well as a monument sign. STAFF RECOMMENDATION Staff recommends approval. _ City of Dania Beach, Florida Department of Community Development Planning Zoning,DiXi Standard Development Application JAN 4 9 j Administrative Variance Planning n Q Land Use Amendment 10sparbrient Plat Date Reed: J Rezoning Z3 Site Plan 'L3 Special Exception Petition Na.: Variance U Other: (SEE aPP�rcarsonr n sc,rFa�t►►t ON PAGES a ) 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, applications, the responsible contractor of r rd shall be present at the board hearing, For after the fact pp nt or their As always, the applicant application, P Their failure to attend may impact upon the disposition of your �` ' it from authorized legal agent must be present at all meetings, All projects must also obtain a building perm the City Building Division. For more information please reference the. Dania Beach Land Development Code Part 6,Development Review Procedures and Requirements. 9 Location Address. . _ ' Block: Subdivision: Recorded Plat Name: ,'" . ta -,- 1 ` it Folio Number(s): Legal Description, — ppiican nsultant(Legal Representative(circle cane), Address of Applicant: m ' ' Business Teleph �- Home: E-mail address: Name of Property fawner: ¢ / _.. Q Address of Property Owner_: Business Telephone#131�(_6 -0"Aome: 40 5- 'f 7 `T Fax: f1 Explanation of Request: r Gernent as r For Plats please provide proposed Plat Name for Variances please attach �[ - pe Section 625.40 of the I-and Development Cade. Prop. Net Acreage_: .._ Gross Acreage: Prop. Square Footage: Existing Use' . (4(4 Proposed Use: lt�Ll+�t(». &Wd ? 1 of 4 is property owned individually, by a corporation, association, or a joint venture? -- AUTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present, I/we hereby authorize (individual/firm) 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 Beach 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. STATE OF FLORIDA COUNTY OF BROWARD By.The foregoing instrument (Qw Agent signature*) was acknowledged BEFORE ME THIS ) DAY OF_01 �- 20.1,3,_ By-, (Print name of person acknowledging) (Joint owner signature if applicable) "' tr7trrq .�rpv"4a',, TAMMIE JAMES Notary 41 *�= Notary Public-State of Florida (Sign re of Notary Public State of L�-f =. • ?My Comm.Expires Aug 13,2012 Commission#00 814469 Bonded Tt rough Nahooal Rotary Assn. Personally known or Produced Identification Type of identification produced: or Drivers Ucense *If ,joint ownership, both parties must sign. If partnership, corporation or 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 APPLICATION WILL BE AUTOMATICALLY SCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BY STAFF BEFORE PROCESSING OCCURS. 2 of 4 To:City of Dania From:lay Mitchell,Vice President-Halpern LTO. To whom it may concern, I respectfully request a variance for the size of our sign at 1437 U51 in Dania from two feet to three and a half feet. Our building is a large,freestanding structure which was built in the middle 1960's.Buildings built in that era used small windows which create a large fagade which,in turn,greatly diminishes the effect of a 2 foot high sign. it should be noted that the McDonalds'sign,on a freestanding building,does not appear to be within the Code. I might respectfully submit that we should be afforded the same consideration given that we are, also, a freestanding building. It is understood that the granting of a variance will not confer any special privilege that is denied by the code to other lands,buildings,or structures in this same zoning district. The literal interpretation of the code would deprive our property of rights enjoyed by other properties in the same zoning district.For example,ours is a free standing structure which doesn't have the benefit of a pylon sign available to other businesses. We seek a minimum variance(an increase in size of only one and a half feet in height)which will make our use of the building more reasonable for the type of business we conduct. The variance should be in harmony with the general intent and purpose of the Code and the variance will not be injurious to the area involved or detrimental to the public welfare. We understand that nonconforming conditions of neighboring lands and structures shall not be considered grounds for the authorization of a variance. It is understood that in granting any variance,the city may prescribe conditions and safeguards intended to mitigate potential adverse impacts from the variance and ensures that the intent and purpose of the code is maintained. Thank you for your time and consideration of our request.We look forward to working with the city while rehabilitating the structure. PJayitchell,V.P. uj o (9 w ca Q =�w+ Y W Aj III uj Cl o V! Xm Er s L. �. c� > _ter::. ._:,. 14 C'r g —� � p d Oi 0 uWi oT H � a t w i Q Ucm T O��lt.c > t- d' - $ m > LL~. dw,s 1 .. m I m E _ so t m Q o,A x tip. G9 Qm Qg W FW- U`b w 2 2 Zul a p 'pZ CY Z rll �""� 0 O F , cQiaamC)a J U U [Y U Q m o z lz 0 E, wM �. J OD LU V p m z q. Irma v i = o m O Q .s W + a C u w " g W wZazz� m QQ az z v O - d � va CCr- z='m ¢ 00 ® uz pp �i CCU V/ _ z N�Vy w � t 8 Z ��a Q z a: 4 >¢w¢ 0 LU 1 � _ a.a� a- MU3 o� i qo .. LU w UA JE U- v `«+� CC OCUl ..a Ac cm CC nl f9a a c I'M' c m• L ^* w w w w La Ln z 4 Cc J W J e+a a W C-1 c1 � cm ox AC u LL. W z Le ac IL g = o � s 0 go3ocvQiaoo t3 vi a csr ac F- 9M: r. a W O a a W .r p ii N 1 CA la 1i CA c W �O C3VJ Q my F ni O �t • �C) Ph cc UA ¢ f, ! <cr. 0 LL 1 0 wU. 0 N U Ovo cr AiL d cr � m cY) D-- zw Z Z VA-02-12 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing %ill be held before the City Commission, on Tuesday. February 14. 2012, or as soon thereafter as possible in the Dania Beach City Commission Room. Administrative Center. 100 West Dania Beach Blvd.. Dania Beach, Florida 3,004. for the purpose of bearing any comments which might be made to the following request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQt!SET FOR A SIGN VARIANCE SUBMITTED BY JAY MITCHELL. VICE PRESIDENT I-LkLPERN LTO, LI.C. FROM THE DANIA BEACH LAND DEVELOPMENT CODE SECTION 505 -SIGN REGULATIONS-: FOR PROPERTY LOCATED AT 1437 SOUTH FEDERAL HIGHWAY. DANIA BEACH: PROVIDING FOR CONFLICTS: FURTHER. PROVIDING FOR AN, EFFECTIVE DATE. Jav Mitchell. Vice President of Halpern LTO, LLC. is requesting the following variances relating to signage in the Community Redevelopment Area (CRA) South Federal Mixed 17se (SFED-MU) zoning District: 1. To allow a 53 square foot sign; (Land Development code allows a maximum size of 45 square feet pursuant to Section 505-140(c)). 2. To allow a 3.5 foot high sign; (Land Development code allows a maximum height of 2.5 feet pursuant to Section 505-140(c)). Property located at 1437 South Federal Highway. in the City of Dania Beach Property is legally described: ST JAMES PARK NORTH 3-33 B LOT 5 LESS W 7.6 LESS W 7 BLK21 A cop), of the proposed request(s) is available for viewing in the Communiv Development Department. 100 West Dania Beach Blvd.. Dania Beach, Florida between the hours of 8:00 am. and 4:00 p.m.. Monday-Friday please call (954) 924-6805 0643 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, ]00 �7. Dania Beach Blvd., Dania Beach. Fl, 33004. (954) 924-6800 x36231. at least 48 hours prior to the meeting. Please be advised that if a person decides to appeal any decision made by the Local Planning Agency. the Planning and Zoning Board or the City Commission with 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. Community Development Department/Planning Division Friday, February 3, 2012 Location Map Er G Z ST sr- t+! i ii V v - J t T s �mm= - — SE_3T,Fa EP- CL — -- _----- - 1, iariance'1f D��< < a i •' ! She SE3RDhN+E � C3 _1 I$I