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HomeMy WebLinkAboutR-2016-145 TNT Fireworks Sign Variance (VA-93-16) RESOLUTION NO. 2016-145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST (VA-93-16) SUBMITTED BY IMD INVESTMENT, FOR PROPERTY LOCATED AT 768 EAST DANIA BEACH BOULEVARD IN THE CITY OF DANIA BEACH, FLORIDA,AS DESCRIBED IN EXHIBIT"A";PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Chapter 28,the"Land Development Code,"Part 6,"Development Review Procedures And Requirements,"Article 625, "Variances"of the Land Development Code (the"LDC"),IMD Investment on behalf of the property owner(the"Applicant"),has applied to the City of Dania Beach(the"City"), for approval of variance request(VA-93-16)for property legally described in Exhibit"A",a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, LDC 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, the Applicant is requesting a variance (VA-93-16) to provide four (4) wall signs, where LDC Section 505-90(V)permits one sign; and WHEREAS,the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the LDC; and WHEREAS, public notice was provided in accordance with law; and WHEREAS,the City Commission finds that approval of the requested variance is consistent with the City's Land Development Code and Comprehensive Plan; 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 pursuant to Chapter 28, the "Land Development Code, Part 6, "Development Review Procedures And Requirements," Article 625, "Variances" the variance application(VA-93-16) is approved. Section 3. Pursuant to Section 625-50 "Expiration of Variances" of the Land Development Code, the variance approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings 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: �C�r�- LOUISE STILSON, CMC A. SALVINO, SR. CITY CLERK AYOR APPROVED AS TO FORM ND CORRECTNESS: rV THOM S . AN O CITY A . ORN 2 RESOLUTION#2016-145 EXHIBIT"A" LEGAL DESCRIPTION 35-50-42 DESC AS COMM AT THE NW COR OF THE El/2 OF THE NE1/2 OF THE SWIA OF THE SW1/4 OF SEC 504235 RUN SLY ON W LINE FOR 22.66 TO PT ON S R/W LINE OF DANIA BEACH BLVD TO POB, RUN ELY 332.65, THENCE SLY 641.32, WLY 332.78, NLY 642.50 TO POB 3 RESOLUTION#2016-145 EXHIBIT`B" (VA-93-16) 4 RESOLUTION#2016-145 Lajoie,Corinne From: From Sign-D-Sign<signdsign@gmail.com> Sent: Wednesday,October 12,2016 2-01 PM To: Lajoie,Corinne Subject: Re:TNT sign variance Hi,No we don't Want The 2 oval only 1 on the top existing sign,Total Building Front 150'Linear Ft, Total Existing Sign is 134.4 SQ Ft With TNT oval Sign, On Wed,Oct 12,2016 at 11:44 AM,Lajoie,Corinne<cchurch(cDdaniabeachfl.gov>wrote: I count a total of 6 signs if I include the oval`TNT".Only 1 sign is permitted with a sign area of 1 sf per 1 linear foot of building frontage. At this point I have 2 questions: 1. Are you intending to include the 2"TNT"signs in the variance request? 2. What is the linear footage of the building?I need this measurement to determine the square footage of signage allowed. Thank you. Corinne Lajoie,AICP,LEED GA Planning and Zoning Manager City of Dania Beach,FL From: From Sign-D-Sign[mailto:siqndsign@amail.coml Sent:Friday,October 07,2016 12:24 PM To:Lajoie,Corinne;Itzhak Dickstein Subject,Re:TNT sign variance Hi,Corinne,we apply permit for existing main building sign we only changing new letters&Logo,old sign is too old,we keeping same design,Sizes&color,Variance we apply on Entrance Canopy sign,only one sign Facing to north on canopy16"x96",others on canopy EAST&WEST,total two sign facing to north,Variance we Apply for canopy three side signs, Any question please call 305-710-5082 or Email me 1 Thanks,Aftab Khan On Fri,Oct 7,2016 at 11:45 AM,Lajoie,Corinne<cchurch andaniabeachfl.gov>wrote: Good morning. I am working on your sign variance request but noticed that you also have a building permit in for another sign. Can you please tell me how many TOTAL signs you are proposing on this property,as the code allows only 1. Thank you. Corinne Lajoie,AICP,LEED GA Planning and Zoning Manager City of Dania Beach,FL Thanks For Choosing Sign-D-Sign Ph: 954-921-6362 Sign D Sign 715 NW 20th Ave. Fort Lauderdale, FL-33311 2 #; l. ' ' is R sa. Thanks For Choosing Sign-D-Sign Ph: 954-921-6362 Sign D Sign 715 NW 20th Ave. Fort Lauderdale, FL-33311 3 NEW METAL ROOF 24"HIGH L64TED LETTERS(32 SaR) BY OTHERS(SEPERATE PERMIT) I NEW METAL FRAMED PARAPET ON EXISTING ROOF STFd1GTURETURE LIGHTED SIGN(50 SQFTJ SY OTHERS(SEPERATE PERMIT) PIE-MANUFACTURERD RED METALLIC ALU41INl1M COMPOSITE CLADDING FI �. ,,, ,;, —ib HIGH LIGHTED LETTERS(16 SOYT) BY OTHERS(SEPERATE PERMIT) EXISTING TO REMAIN NEW STUCCO TRIM - ---------------- -------- EA5T ELEVATION SCALE:3/I6"- P-0" LwUwawoeeawJ wwwLwmoLe�erown� UeuMAiAoa Al iwwn'wm aoem4m nUm � d ieo— LLb«WIC J ��u�� WM/LIR4MPARM Ud 1t Q ❑ ❑ IfO�e111W101U OE1110R7LfenetnLa ! llu A~ FI EWORKS pgy CLAY.TDAIW 5 Haw o a o a a r o 0 o a o o N MSMAl 8 wenmonw ir.w w,w w.w w•.w wGSaw.r �'Irr W.mm ww.w—ITP T k .R ..MAtwwNL 5 mmwdmla"ORYRw �..nw.w�wrt.rw.i'rua NORTH ELEVATION irw�i w�i aiu a�uami k IGItiW.M1P i 1lU MAL IUV � etl- 71'N011LeYaeDIlIIA(RgtU nmw,wwnlwm eW1 ALMtQMPAFA a r �t r REWORK —ewmoroRLw H r� EAST ELEVATION a � !�&wJ NU aTK Raor rJu w•.nr AUMil1 CQTOMR CLADDW � aWa my OrA LUYIIeD Lm m fMl eOAJ �� F n OM1e!!fePellSie leeNT! MMr it wo}.a FIREWORKS a ' st IF[C7/TAL Ql11RT M !aUenrco 7M1-� $ rw mvmgvm fm=nwom m-oe-m� WEST ELEVATION a■.n��. cart«N eexr.ew,•.t.a A-4 Dania Beach,FL Code of"•dirances Page 1 of 2 Ns cp F 2il;ii Sec.505-180.-Relief from requirements.sign variances. (A) A sign variance may be granted pursuant to the procedures and requr amens of ilic ' .,except that the criteria for granting variances in scct;o:,61f*>-4:J shall be replaced with the following criteria: {1) The variance request is in harmony with the genera`_intent and purpose of this article,and is not contrary to the public interest,especially with regard to the aesthetic impact on the surroundin<,area; and (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 intended by this article; and I-d�(�c. �"j �A3 u0e S1- 1 i C,�C,C. (3) Ne �- }� 1pcz �e�rvme� Cx rtnv�. The impaired visibility or effectiveness of the signage allowed in this artic'e would result in unnecessary or undue hardship;and (4) The hardship is not a result of the applicant's actions.financial hardship,or any inconvenience of complying with the code,but are a result of: (a) t Conditions that are unique to the land,building,site configuration;or Conditions that are unique to the configuration o?'the site in relation to adiaeent sites or features;or (c) do Ft�Pltcc �� Other unique conditions that are not self-created by the applicant. (5) No'< e purl cCc_)0\,,, 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 adIjacent properties_and (B) �fe S .�..1c� �•r e 1nc�c,c w��cs e O C C n..vw ,��J A sign variance shall not be granted to allow a type of sign that is prohibited;-I SZ n:or. (prohibited signs). r,.bout:blank '"` ''1 Dania Beach,FL Code o4 ordinances Page 2 of 2 (C) An application for a sign variance shall be made with the community development department.Notice shall be as provided in section<<10-20(table of public notice requirements). (D) The provisions of the building code pertaining to unsale structures shall apply to signs that were permitted through the sign variance process. (Ord.No.2012-009,§2(E-di.A),5-8-12) vbout_blank City of Dania Beach,Florida Department of Community Development Planning and Zoning Division (95xF}924-6805 X364,3 e Standard Development Application F ; Z!U1 ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ,.. . ❑ Rezoning Date Reed: 1 ❑ Site Plan l\V ❑ Special Exception Petition No.: I$ Variance ❑ Other: (SEEAPPYWATSONTYPESCNEMEONPAGES3&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: 7(,On i 47-4 .�4 /L s4 A 6 J Lot(s): Block: Subdivision: Recorded Plat Name: Sr 3I Description:Folio Number(s).� ' Leg .A Applicant/Consultant/Legal Representative(circle one) J"'/ 0 11' 1A AiI Address of Applicant: 76 P 1�-; `�)"la— i Business Telephone:` C4 f 6 lt'�f Home:( Fax: E-mail address: S� 1- `3l� h ( m a Name of Property Owner: k t �►�ti �� 5° �� 1,,5 r Address of Property Owner: Business Telephone: 4 p>3 Home: Fax: Explanation of Request: i�^S i a,�� 51$ �g S W ext Sri�2 Ate/ 1 For Plats please provide proposed Plat Name for variances please attach Criteria Statement as per Section 625.40 of Me Land Development Code. Prop.Net Acreage: Gross Acreage: Prop.Square Footage: Existing Use: Proposed Use: 1 of 4 Is property owned individually, by a corporation, association, or a joint venture? 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 (individual/firm) to represent me/us in all matters related to this application. 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 Deve, pment Code. STATE OF FLORIDA --"� COUNTY OF BROWARD By: The foregoing instrument ( /Agent signature*) was acknowledged BEFORE ME THIS a a DAY OF J u .20 1 By: (Print name of person admowled ing) (Joint owner signature if applicable) SHANEASE GRANT Notary Public,State of Florida Notary _ a vq Comm.Expires Oct 29,2019 y, No.FF91" t (Signature of Notary Public— to of Bonded thru Arthuri.Gallagher&Co. Personally known or Produced Identification r/Type of identification produced: FG L 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 BEAUTOMATICALLYSCHEDULED FOR A MEE77NG. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BYSTAFF BEFORE PROCESSING OCCURS. 2 of 4 City Of Dania Beach APPLICATION TYPE AND FEE SCHEDULE INCOMPLETE SUBMITTALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances,site plans and other zoning related applications.These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City,the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before making any application to the City. 'The standard review process for all development applications are two(2)review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per"Section 685-10 Cost Recovery for Development Review'of the Dania Beach Land Development Code. APPLICATION TYPE FEE LAND USE Assignment of Flex Units or Fling fee=$4,000.00 plus$5.00 per flex,reserve or LAC(RAC unit or hotel room or Acreage $100 per acre or portion of such area Indudes Staff rocessi 1 review adyerftnq and nob'ce costs Change of Land Use Fling fee=$7,000.00,plus$500.00 per acre or portion of area Indudes 5t3ffpfm?ss1ng,2 review cydes,adverts/ and notice costs ZONING Change of Zoning(Rezoning) Less than 2 acres-$2,500.00 Greater than 2 acres -$6,000.00 Includes Staff lace--w 2 review gdes adyer&mg and notice costs Zoning Code Text Change Changing the list of Permitted Uses-$6,000.00 General Text-$2,000.00 Includes Staff processing,2 review cycles, sin and notice costs PLAT (Perimeter) Filing fee=$2550.00 plus$50.00 per acre or potion of such area (Subdivision)Fling fee=$2550.00 plus$100 per acre or portion of such area Includes Staffprocesstn&2 review cydes,advativng and notice costs Delegation Request $1,500.00 Includes Stiaffprocessing,2 rev/ew ocks,advertsing and nobw costs SITE PLAN Residential,Hotel,Condo-Hotel, Fling fee=$1,000.00 PLUS$10.00 per unit Time-Share,Motel Plus retainer for staff/consultant review,administrative and notice cost$5,000.00 Minimum fee=$6,100.00 Indudes Staff nq,2review es adie-bMng and notice costs All other uses Filing =$1,000.00 PLUS the following: $5.00:100 s.f.for 11t 10,000 s f.,$2.00:100 s.f.in excess of 10,000 s.f Plus retainer for staff/consultant review,administrative and notice cast$4,000.00 Minimum fee=$5,500.00 Indudes Staffpmcassmq,2 review ciinLqs,advertsing and nob a costs Site Plan Revisions $2,5W.00-Indudes staB°prgcessing and up to 2 review cyder. Additional variances associated with any revision to a site plan are charged according to the associated valance Extension of Approval(s) $1,250.00—Single Extension(PLAU an additional (Site plan,variance,special $ 250.00 for each associated approval exceptionrequests) 3of4 City of Dania Beach APPLICATION TYPE AND FEE SCHEDULE INCOMPLETE SUBMITTALS ARE NOT ACCEPTABLE FOR REVIEW AND PROCESSING. The following fees shall apply to all applications for land use plan amendments, rezoning, special exception use, variances,site plans and other zoning related applications.These fees are used to defray staff cost in the evaluation of the proposal made and provide for the required notices and public advertisements according to Florida State Statute and the Dania Beach Land Development Code. Should any applicant have more than one type of request to the City,the applications involved should be submitted at the same time. The present City policy is to have concurrent reviews being processed before the final review and actions by the Planning and Zoning Board and/or City Commission. It is the obligation of all applicants to review the appropriate City Codes and design standards related to their proposal before malting any application to the City. The standard review process for all development applications are two(2)review cycles. Any additional review or public notice required by staff or professional consultants due to the incorrect interpretation of the Land Development Code will be charged to the applicant as per Section 685-10 Cost Recovery for Development Review'of the Dania Beach Land Development Code. SPECIAL EXCEPTION SPECIAL EXCEPTION Filing fee=$3,700.00 plus$200.00 per acre or portion of such area (Excluding call towers Includes Slaff rosi 2 revAew adh e�hYs1 and natar costs SPECAL S(QxD 7oli/ Filing fee=$4,000 Cellular Towers Indudes Staff 2 review o0es,advertimV and notice costs Additional Resubmittal Any additional review or public notice required by staff or professional consultants due to the (In addition to the standard(2)review cycles) negligence of the applicant will be charged to the applicant as per Article 685-10 Cost recrnery for Development Review of the Dania Beach Land Development Code. VARIANCES APPEALS&WAIVERS Administrative Single Family 300.00 Administrative all other 500.00 Single Family/Community Facility $ 490.00 Duplex $1,OSO.00 Triplex 1 150.00 Multifamily,Hotel,Condo-Hotel(per variance) $2 300.00 Nonres. variance 2 000.00 Wail Sin 700.00 Monument Sin $1,200.00 Pole Sign Aspermitted) 2 400.00 Appeal(single family&comm fac 650.00 Appeal Call other uses 1 925.00 Dumpster Appeal to Com.Dev.Dir. 200.00 Dumpster Appeal to City Com. 500.00 Alcoholic Beveraqe Variance $1,250.00 Mobility $1,400.00 Trafficwa Waiver $4,000.00 Vacation-Road Easement $3,500.00 Alcohol Extended Hours License Application $2,250.00 Alcoholic Beverage Waiver $1,000.00 Zoninq Review: State Liquor License 50.00 Outdoor Seating/Dinning 100.00 Assisted Living Facility 65.00 CRA Grant Application 800.00(tip to Nits amount based on scppe of work UNSPECIFIED 500.00 PLUS any outside costs incurred by the city as per"Section 685-10" Revised—8-23-11 As per City Commission Approval Resolution 02011-090 4of4