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HomeMy WebLinkAboutR-2015-145 Approving the Variance (VA-104-15) request submitted by Susan F. Delegal, Esq. on behalf of property owner Coed-Stirling Road LLC for property located at 180 SW 18 Avenue RESOLUTION NO. 2015-145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE (VA-104-15) REQUEST SUBMITTED BY SUSAN F. DELEGAL, ESQUIRE ON BEHALF OF THE PROPERTY OWNER COED-STIRLING ROAD LLC, FOR PROPERTY LOCATED AT 180 SW 18 AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, of the Dania Beach Land Development Code ("LDC"), Article 625, entitled "Variances", Section 625-40 states that the City Commission may grant a variance based on its determination that the petitioner has demonstrated that the criteria identified in the LDC have been satisfied; and WHEREAS, Susan F. Delegal, Esq., on behalf of the property owner, Coed-Stirling Road LLC is requesting a variance(VA-104-15)to provide 164 parking spaces,where Section 265-50 of the LDC requires 197 parking spaces; and WHEREAS, the applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing"WHEREAS"clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the variance(VA-104-15)application to allow 164 parking spaces where 197 parking spaces are required, is approved. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 24, 2015. ATTEST: 'S FIRSt LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK MAYOR A'� 1 APPROVED AS TO FO CO ESS: THOMAS J. ANSBkO CITY ATTORNEY 2 RESOLUTION#2015-145