HomeMy WebLinkAboutR-2015-007 - Approved Variance Requests VA-84-14, VA-95-14, VA-118-14, VA-119-14 VA-120-14 & VA-121-14 for Property located at 4980 SW 40 Avenue RESOLUTION NO. 2015-007
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA,APPROVING VARIANCE REQUESTS(VA-84-14,VA-95-
14, VA-118-14, VA-119-14, VA-120-14 & VA-121-14) SUBMITTED BY
MICHAEL VONDER MEULEN OF KEITH AND ASSOCIATES, INC.,
REPRESENTING THE PROPERTY OWNER,BROWARD COUNTY BOARD OF
COUNTY COMMISSIONERS FOR PROPERTY LOCATED AT 4980 SW 40
AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Chapter 28 of the Code of Ordinances,Part 6,Article 625 of the City of Dania
Beach Land Development Code states that a variance approval can be granted if the request is
consistent with criteria identified in Section 625-40; and
WHEREAS, Michael Vonder Meulen of Keith and Associates, Inc., the Applicant,
representing the property owner, Broward County Board of County Commissioners is requesting
variance approval to provide zero (0)trees adjacent to the vehicle use areas; Code requires one(1)
tree planted every forty(40)linear feet resulting in a total of twelve(12)trees required,per Section
275-90(C)(b); and
WHEREAS,the Applicant is requesting variance approval to dispense with a hedge material
and no wall along the vehicle use areas;Code requires a continuous wall or hedge,per Section 275-
90(C)(c); and
WHEREAS,the Applicant is requesting variance approval to dispense with a six foot(6')
masonry wall separating residential use;Code requires a six foot(6')masonry wall,per Section 275-
110(D)(1); and
WHEREAS,the applicant is requesting variance approval to provide zero(0)trees and zero
(0) shrubs adjacent to residential property; code requires a minimum of one (1)tree per forty(40)
linear feet(16 trees required)and one shrub per three linear feet(208 shrubs required),per Section
275-110(D)(3); and
WHEREAS,the Applicant is requesting variance approval to dispense with a seven foot(7')
landscape buffer along the west and north property lines; Code requires a ten foot(10')minimum,
per Section 275-120; and
WHEREAS,the Applicant is requesting variance approval to allow zero perimeter buffer
trees on the property, Code requires one (1) tree per forty (40) linear feet (forty-eight (48) trees
required),per Section 275-120; and
WHEREAS,the Applicant is requesting variance approval to dispense with hedge material
along the perimeter of the property; Code requires a row of hedges along the perimeter of the
property, per Section 275-120; and
WHEREAS, the Applicant is requesting variance approval to allow the proposed storage
tank to have zero shrubs; Code requires a minimum of twenty percent (20%) of the front of the
structure to be planted with shrubs,per Section 275-170(A); and
WHEREAS,the Applicant is requesting variance approval to allow a setback of fifty feet
(50')from the side(south)property line adjacent to a residential area,and one hundred thirty-seven
(137) foot setback from the residential area on the west property line; Code requires five hundred
feet(500'), per Section 115-40(17);
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That those certain applications for variances(VA-84-14,VA-95-14,VA-118-
14,VA-119-14,VA-120-14 and VA-121-14)are approved. It is further noted that the original site
plan is maintained in the office of the Community Development Department of the City of Dania
Beach.
Section 2. That those certain applications must be reviewed by the Broward County
Aviation Department. The contact person is William Castillo,Airport Planner,located at 220 S.W.
45 Street, Suite 101, Dania Beach, Florida, 33312, (954) 359-6100.
Section 3. That the issuance of a development permit by a municipality does not in any
way create any right on the part of an Applicant to obtain a permit from a state or federal agency,and
does not create any liability on the part of the municipality for issuance of the permit if the Applicant
fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal
agency, or undertakes actions that result in a violation of state or federal law.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
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Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption and remain valid for eighteen(18)months,per Section 635 of the Dania Beach
Land Development Code.
PASSED AND ADOPTED on March 10, 2015.
ATTEST:
Is
LOUISE STILSON, CMC ,` O A. SALVINO, SR.
CITY CLERK AYOR
APPROVED AS T O AND CO ESS:
�r
THOMAS J. NSB
CITY ATTORNEY
3 RESOLUTION 92015-007