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HomeMy WebLinkAboutR-2012-147 - Approved Variance by Cohen Brothers Realty Corp. for the Design Center of the Americas, LLC for relief from DB Land Development Code Section 505-100 at 1855 Griffin Rd RESOLUTION NO. 2012-147 A CITY THE RESOLUTION F O O C COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR A VARIANCE(VA-44- 12) SUBMITTED BY ROBERT CURBELO JR. OF THE COHEN BROTHERS REALTY CORPORATION,REPRESENTING THE DESIGN CENTER OF THE AMERICAS, LLC FOR RELIEF FROM THE DANIA BEACH LAND DEVELOPMENT CODE,SECTION 505-100,"SIGNAGE REGULATIONS FOR BUSINESS PARKS IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS", FOR PROPERTY LOCATED AT 1855 GRIFFIN ROAD IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Part 2,Article 505 of the Dania Beach Land Development Code sets the"Sign Regulations"in the City of Dania Beach; and WHEREAS,Robert Curbelo,Jr.,of the Cohen Brothers Realty Corporation,representing the Design Center of the Americas, LLC, is requesting a variance as follows: 1) to allow three (3) entrance monument signs; Code permits one (1) monument sign per entrance; 2) to allow three (3) monument signs within 100 feet of each other; Code subjects all signage to a minimum separation of 400 feet; for property located at 1855 Griffin Road in the City of Dania Beach; and WHEREAS,the Community Development staff has reviewed this request and recommends 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-44-12 for the sign variances described above from requirements in the Dania Beach Land Development Code, a copy of which application is attached as Exhibit"A",and made a part of and incorporated into this Resolution,is approved. The approval of this variance request shall not supersede any ownership rights or private agreements related to the subject property. The Applicant,and its successors and assigns,shall comply with the signage review and approval procedure of Sec. 505-190 of the Land Development Code prior to the erection, construction, alteration,relocation or repair of any sign as authorized by this approval. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 November 27, 2012. ATTEST: C-A IU4 �-kbv ) z LOUISE STILSON, CMC WALTER B. DUKE, III CITY CLERK MAYOR APPROVED S TO RM AND CORRECTNESS: IN THO A J. ANSBRO CITY ATTORNEY ATEO � 2 RESOLUTION#2012-147 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 27, 2012 TO: Robert Baldwin, City Manager I VIA: Marc LaFerrier, AICP, Direct FROM: Corinne Lajoie, AICP, L ED Green Associate, Principal Planner Kristin Dion, AICP, City Planner ti SUBJECT: VA-44-12: The applicant, Robert Curbelo, on behalf of Design Center Of The Americas, is requesting a sign variance from section 505-100 (J) for a property located at 1855 Griffin Road. VARIANCE 1. To allow three entrance monument signs, code permits one monument sign per driveway entrance. 2. To allow three signs within 100 feet of each other, code subjects all monument signage to a minimum separation of 400 feet. PROPERTY INFORMATION: ZONING: Commercial (C-4) FUTURE LAND USE: Commercial The subject property is the Design Center of the Americas (DCOTA) located on the south side of Griffin Road,just west of Interstate 95. The entrance driveway currently has a 6 foot monument sign which the applicant is proposing to replace with an 8 foot high by 6 foot wide sign for better visibility. In addition, there is a 40 foot tall totem monument sign in the center median of the entrance/exit driveway, which received variance approval from the City Commission in 2008. Section 505-200 of the City's Unified Land Development Code requires all developments with multiple establishments displaying signage to submit a master signage plan identifying the location of all existing and proposed signage. The master signage plan must include a computation of proposed and allowable total sign area, individual tenant sign area, sign height, lettering, etc. In addition, specifications including signage types, color, style, illumination, etc must be included. At this time, the applicant has not complied with this regulation. The master signage plan must be submitted and approved prior to November 1, 2014 or no further signage permits will be issued for this site. VARIANCE The applicant is requesting to install an additional monument sign adjacent to the exit driveway which is just south of, and parallel to, the entrance driveway. The proposed monument will be 8 feet in height and identical to the refaced monument sign at the entrance driveway. Each monument sign will include the address as well as 6 tenants. The current sign code states that one entrance monument sign is permitted per driveway entrance. Including the existing totem sign, the proposed monument sign will be the third sign at the same entrance. In addition, the current sign code restricts all signage to a minimum separation of 400 feet. The proposed signs, along with the existing totem pole sign are all within 100 feet of each other. According to the applicant, the property owner is converting part of the DCOTA facility to office space from former showroom space. As part of lease negotiations, the office tenants required identification at the front entrance to the property. The owner has restricted the request to office tenants who rent an excess of 15,000 square feet to be identified on the sign. The city commission or planning and zoning board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that: (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; (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. STAFF RECOMMENDATION Approve. City of Dania Beach, Florida Department of Community Development OCT9 2fl�2 Planning and Zoning Division Planning (954)924-6805 X3643 Department (954)922-2687 Fax Stafida-rd Developindint Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat Date Rec'd: / 4 ❑ Rezoning ❑ Site Plan ❑ Special Exception Petition No.: Vp L-Z CB'Variance ❑ Other: (SEEAPPLICATION TYPE SCHEDULE ON PAGES3&4) 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 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 /Q55 aA'`,I*^.) Lot(s): Block: Subdivision: Recorded Plat Name: �C3l6i•✓ ���?t-t ? ��►�'� «`�f Folio Number(s): S o L/Z333(o oG i2 Legal Description: (cam f6,-Ar6V7- Applicant/Consultant/Legal Representative(circle one) ��- Address of Applicant: ze C ri/�-%i I�4d �t/� 71 1?-�E�' ��+�� �e •�L Business TelephoneISV 4'4j000 Home: Fax: 4W'5 Zo e GAG E-mail address: /r-'GhB r ?-/ t2 e/ c Name of Property Owner: Address of Property Owner: 70G�?�.�+�l�rJ 2�jr-C Nr�c/ '�o,c�� �cG� (ooZL Business Telephone&/2)69 V Slot"Home: Fax: Explanation of Request: For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Secdion 625.40 of the Land Development Code. Prop. Net Acreage: Gross Acreage: V Prop. Square Footage: Existing Use: Proposed Use: 1 of 4 Is property owned individually, by a corporation, association, or a joint venture? G�•-s�rE.� L�A.���y ll� �'�� 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 44,4--fuoocs j (individual/firm) to represent me/us in all matters related to this applica ion. 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 The foregoing instrument ((Owner/ Ag t signature*) was acknowledged BEFORE ME THIS 1 DAY O CF 20 By: buae S C-Qbe -) (Print name of person acknowledging) (joint owner signature if applicable) ''` CHRMT NA DEL PNO Notary �"' MYCONs EMOUN (Signature of Notary Public—State of EXP�RF Jw*07 2010 lea .oan 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 APPLICATION WILL BEAUTOMATICALL YSCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE 8YSTAFF BEFORE PROCESSING OCCURS. 2of4 October 5, 2012 0 CP 0 CV Ln Ms.Corrine Lajoie rn Principal Planner City of Dania Beach 100 West Dania Beach Blvd. 1�- 0 Dania Beach, FL 33004 Ln RE: Design Center of the Americas 1855 Griffin Road Dania Beach FI ~ Request for Variance for Sign 0 M M J L.L Dear Ms. Lajoie: v ro We are submitting with this letter, the Standard Development Application to replace one existing a m address sign at the Griffin intersection entrance to our property and adding an additional address T C sign on the egress side of the entrance to our property. o N Pursuant to the procedures and requirements of Article 625,except that the criteria for granting � variances in section 625-40 shall be replaced with the following criteria: n a� 1) The variance request is in harmony with the general intent and purpose of this article,and cn is not contrary to the public interest, especially with regard to the aesthetic impact on the o surrounding area and, the new sign is increase from 6 feet to 8 feet and the width ff c increased from 4 feet to 6 feet. 2) The variance is necessary in order for the sign to achieve the level of visibility and effectiveness typical for conforming signs within the same zoning district in the city and Ln intended by this article and, yes it is. 3) The impaired visibility or effectiveness of the signage allowed in this article would result U� Q in unnecessary or undue hardship and, the property owner is engaged in converting part <1 U of the Design Center facility to office space from former showroom space as you are aware from prior filings unrelated and as such, office tenants required as part of the lease negotiations to include some form of identification at the front entrance to Q property. The owner has restricted this request only to office tenants who shall rent in W Z excess of 15,000 rsf to be identified on the sign. 1-- 4) The hardship is not a result of the applicant's actions, financial hardship, or any LL inconvenience of complying with the code, but are a result of,no it is not. 0 a) Conditions that are unique to the land, building, site configuration; or � W b) Conditions that are unique to the configuration of the site in relation to adjacent sites / ` Z or featurs:or / 1 W U z V) w n c) Other unique conditions that are not self-created by the applicant. It is created from the business climate. 5) The request is the minimum necessary deviation from the requirements of this article to provide for reasonable and adequate sign visibility and effectiveness, with due consideration for the aesthetic of the sign and its scale relative to that of buildings and signs on the same and adjacent properties; and, the Sheraton sign next door is 4 feet in height and 6 feet in width. a) A sign variance shall not be granted to allow a type of sign that is prohibited in Section 505-50 (prohibited signs). The variance is for a sign which identifies the building address on both sides at a larger font and up to six prominent office tenants in the building. b) An application for a sign variance shall be made with the community development department. Notice shall be provided in section 610-20 (table of public notice requirements). c) The provisions of the building code pertaining to unsafe structures shall apply to signs that were permitted through the sign variance process. We have included our application fee in the amount of$1,200.00 made out to the City of Dania Beach. Sincerely, Design Center of the Americas, LLC Robert Curbelo Jr. Vice President Cc: File Charles S.Cohen Thomas Funari Marc Horovitz o 1-• i IIII�� _ - l = P :1 loll L! �'�•f OD ILL _- ❑a I TM,i7 i E Li = Fri nn 1i un i l pp� ---- rt� r F-11: • ' Sss � eC= j' GG-n O O ®� F+Id®^ Icy '� 'R R 1i •C a 4 0 p e w A 9 'iii l] o d IFo' =7 wy�gN �z m m. 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