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HomeMy WebLinkAboutR-2012-020 Approved request for Amendment to variance request for property at 205 North Federal Highway RESOLUTION NO. 2012-020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR AMENDMENT TO THE VARIANCE REQUEST(VA-31-08)ORIGINALLY APPROVED ON AUGUST 26, 2008 PURSUANT TO RESOLUTION 2008-140 AND EXTENDED ON AUGUST 25,2009 PURSUANT TO RESOLUTION 2009-155,FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 625 of the Land Development Code ("Code") of the City of Dania Beach,Florida,provides for review and approval of authorized variances from the requirements of the Code; and WHEREAS,on August 25,2008,the City Commission of the City of Dania Beach,Florida ("City Commission") approved variance request VA-31-08 pursuant to Resolution 2008-140, as submitted by property owner Jay Patel, for Luckey's Motel, Inc., located at 205 North Federal Highway, as follows: 1. To allow 67 parking spaces(Chapter 28,"Zoning",Article 21.20"Parking",requires 89); 2. To allow 0 loading berths (Chapter 28, "Zoning",Article 21.20, "Parking"requires 3); 3. To allow a 4 feet side setback(south property line);(Chapter 28,"Zoning",Article 21.20 "TOD Building Envelope"requires 10 feet); 4. To allow a 10 feet 4 inch rear setback (west property line); (Chapter 28, "Zoning", Article 21.20"TOD Building Envelope", requires 20 feet); 5. To allow a building height of 6 stories/67 feet (Chapter 28, "Zoning", Article 21.20, "TOD District Height" allows a maximum of 5 stories/60 feet for lots with depth less than fifty feet and between .5 acre to .99 acres in net area); and WHEREAS,on August 25,2009,the City Commission approved an extension to variance request VA-31-08,pursuant to Resolution 2009-155; and WHEREAS, Courtney Crush, with the firm Courtney Crush Law, Inc., representing Luckey's Motel Inc.,has applied for amendment to item number four(4)of the variance approved by application VA-31-08, to allow a four (4) foot rear setback (along the west property line), where Chapter 28,"Zoning",Article 21.20"TOD Building Envelope,"required a minimum rear setback of 20 feet; and WHEREAS,the City Commission finds that amendment of the variance approved by VA- 31-08 pursuant to Resolution 2008-140 is in the City's best interest. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. Recitals. The above recitals are true and correct and incorporated into this Resolution by this reference. Section 2. That the application for amendment to item number four(4)of variance VA- 31-08 approved pursuant to Resolution 2008-140, copies of which are attached and made a part of this Resolution as Exhibit"A,"is approved for Luckey's Motel,Inc., located at 205 North Federal Highway, Dania Beach, Florida. 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 February 28, 2012. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK M�Qo�P F1ggr cry APPROVED AQ TO F RM AND CORRECTNESS (-r)77 / gyp` THO AS A. AN BRO CITY ATTORNEY 2 RESOLUTION#2012-020 ypvs a1R,yy, City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (964)924-6805 X36Q (954)922-2687 Fax Standard Development application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Rec'd: ❑ Site Plan Special Exception Petition No.: V A_31-a AbD Variance s PiA,�D F Other: III �SSAYY��'�.0 (SEEAMICATION TYPE SCHEDULE ON PAGE53&4) ����•�'1 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"check[ist 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 Building Division. For more information please reference the Dania Beach Land Development Code Part 6, Development Review Procedures and Requirements. Location Address: 205 N. Federal Highway Lot(s): 21,22,23.24 Block: 'I Subdivision: Recorded Plat Name: Town of Dania B-49D Follo Number(s): 504234010100 Legal Descriptlon: Lot 21 Lon St Rd,La 22,23,24.LA"St Rd BLK1 Applicant/Consultant/Legal Representative(circle one) Crush Law, P.A.. Courtney Crush Address of Applicant: _ 205 N. Federal Highway Business Telephone: 954-522-2010 Home: NIA Fax: 954-522-2030 E-mail address: Ccrus Ocrushlaw.com Name of Property owner: Luckeys Motel, Inc. Address of Property Owner: 205 N. Federal Highway Business Telephone: 954-�J$-1150 Home: NIA Fax: 954-316-1151 Explanation of Request: Site Plan Amendment For Plats please provlde proposes'Plat Name for Variances please attach Criteria .Statement as per Section 625,40 of the Land Development Code. Prop, Net Acreage: Gross Acreage: Prop. Square Footage: C�c� Existing use: Hotel Proposed Use: Hotel 1 of 4 is property owned individually, by a corporation, association, or a joint venture? i AUTHORIZED REPRESENTATIVE ' f I/we are fully aware of the request being mad o the City of Dania Beach. If I/We are unable to be present,I/we hereby authorize (individual/firm) to represent ine/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 j the expiration timeframe listed in Part 6 of the Dania Beach Land Develo ment Code. j STATE OF FLORIDA CAI COUNTY OF BROWARD By: V I;VA The foregoing instrument (Owner / Agent signature* i was acknowledged BEFORE ME THIS � DAY OF 1� 20 By: (Print name of perkon acknowiedging) (3oint owner signature if applicable) I Notary (Signature of Notary _ubi' — to of 0oURWEk 8H MY CAWWAO IM116 EXPIRES;Ju2015 idarwiYrc Personally known % or Produced Identification Type of identification produced: or Drivers License *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 APPLICA TION WILL BE AUTONATICAU Y SCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE 5YSTAFF BEFORE PROCESSING OCCURS i 2of4 j f