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HomeMy WebLinkAboutR-2016-104 Approves the Variance (VA-53-16) Request Submitted by Joseph Denis on Behalf of Dania Live 1748,LLC for Property Generally Located on the N. Side of Stirling Rd. Between Bryan Rd. and I-95. RESOLUTION NO. 2016-104 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE (VA-53-16) REQUEST SUBMITTED BY JOSEPH DENIS ON BEHALF OF THE PROPERTY OWNER DANIA LIVE 1748, LLC FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD BETWEEN BRYAN ROAD AND INTERSTATE 95 WITHIN 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, Joseph Denis, on behalf of the property owner, Dania Live 1748, LLC ("Applicant"), is requesting a variance (VA-53-16) to exceed the maximum number of temporary construction/development signs and seeks to install 41 signs where Section 505-160 of the LDC limits temporary signs to 2 per road frontage for a total of 6; and WHEREAS, the Applicant is requesting a variance to permit a total signage area of 7,442 square feet where Section 505-160 of the LDC limits total signage area for temporary construction/development signs to 32 square feet per project; 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 they are made a specific part of this Resolution. Section 2. That the variance (VA-53-16) application to permit a total of 41 temporary construction/development signs with a total signage area of 7,442 square feet where 6 signs with a total signage area of 32 square feet is permitted, 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 July 26, 2016. � Is Flf�Az ATTEST: © c .-- 4,4 t ; LOUISE STILSON, CMC - RCO A. SALVINO, SR. CITY CLERK .,y MAYOR APPROVED AS TO FO CORRECTNESS: THOMAS J. ANS R CITY ATTORNEY 2 RESOLUTION#2016-104