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HomeMy WebLinkAboutR-2016-143 Approves Variance Request (VA-91-16) Submitted by Chris Hollen on Behalf of the Owner DDRM Sheridan Square, LLC for Property Generally Located at NW Corner of Sheridan St. & SE 5th Ave. RESOLUTION NO.2016-143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST (VA-91-16) SUBMITTED BY CHRIS HOLLEN ON BEHALF OF THE PROPERTY OWNER DDRM SHERIDAN SQUARE, LLC FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF SHERIDAN STREET AND SOUTHEAST 5' 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, Chris Hollen, on behalf of the property owner, DDRM Sheridan Square, LLC ("Applicant"), is requesting a variance (VA-91-16) to allow two (2) monument signs in addition to the two (2) maximum monument signs allowed by the LDC per Section 505-110; 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 application (VA-91-16) to allow two (2) additional monument signs and an additional eighteen (18) square feet in signage area where up to 2 signs with a total signage area of 48 square feet are permitted, is approved with the following conditions: 1. The monument sign on the west of the property will also display the municipal logo and the text"Welcome to the City of Dania Beach." 2. The two (2) monument signs by the east property line will also display the shopping center's address. Section 3. That pursuant to Section 625-50 "Expiration of Variances" of the Land Development Code, the Variance (VA-91-16) shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan within eighteen (18) months from the date of this Resolution. Section 4. 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 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 25,2016. ATTEST: Is LOUISE STILSON, CMC 1 A. SALVINO, SR. CITY CLERK AYOR APPROVED AS TO RM AND CORRECTNESS: THOMA J. ANPIRO CITY ATTORN 2 RESOLUTION#2016-143