HomeMy WebLinkAboutR-2017-024 BK Sterling ROW Variance SW 18th Court (VA-08-17) RESOLUTION NO. 2017-024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA APPROVING THE VARIANCE REQUEST (VA-08-17)
SUBMITTED BY GREENSPOON MARDER ON BEHALF OF THE
PROPERTY OWNER, BK STERLING INVESTMENT, LLC, FOR A
PORTION OF SW 18TH COURT LOCATED ON THE NORTH SIDE OF
STERLING ROAD WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS
LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS
ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 28, Part 6 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 has been satisfied; and
WHEREAS, BK Sterling Investment, LLC has submitted a request to vacate the eastern
25 foot portion of SW 18" Court (OT-120-16) which will reduce the public right-of-way width
of SW 18th Court from fifty(50) feet down to twenty-five (25) feet; and
WHEREAS, BK Sterling Investment, LLC has agreed to dedicate right-of-way to the
City of Dania Beach to widen SW 18th Avenue as may be necessary; and
WHEREAS, Greenspoon Marder, on behalf of the property owner, B.K. Sterling
Investment, LLC (the "Applicant"), is requesting a variance (VA-08-17) to reduce the public
right-of-way width for that portion of SW 18th Court legally described in Exhibit "A" to twenty-
five (25) feet where Section 815-30 of the LDC establishes a "prescribed width" of fifty (50)
feet; 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 of Dania Beach(the "City Commission") conducted a
duly noticed public hearing in accordance with Article 610 of the LDC; and
WHEREAS, the City Commission finds that the approval of Variance (VA-08-17) will
protect the health, safety, and welfare of the residents of the City, and furthers the purpose, goals,
objectives and policies of the City 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 the variance (VA-08-17) application to permit a public right-of-way
width of twenty-five (25) feet for SW 18t' Court as legally described and shown on the attached
Exhibit"A,"where fifty(50)feet is the prescribed width,is hereby approved.
Section 3. That pursuant to Section 625-50 "Expiration of variances" of the LDC, the
Variance (VA-08-17) shall automatically expire and become null and void unless the Applicant
submits all applications for development permits including construction drawings (if applicable)
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 effective immediately upon
its passage and adoption.
PASSED AND ADOPTED on March 14, 2017.
ATTEST: A�Is
LOUISE STILSON, CMC 1 TAMARA JA E
CITY CLERK MAYOR
APPROVED AS TO RM AND CORRECTNESS:
r, r)
THO AS J. N BRO
CITY ATTO Y
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EXHIBIT "A"
LEGAL DESCRIPTION
A PARCEL OF LAND BEING A PORTION OF S.W. 18TH COURT (FORMERLY KNOWN
AS FERN STREET), BEING A 50 FOOT WIDE ROAD RIGHT-OF-WAY AS SHOWN ON
THE DOUGLAS HILL PLAT, RECORDED IN PLAT BOOK 12, PAGE 45, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING WITHIN THE
SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SECTION 33, TOWNSHIP 50 SOUTH,
RANGE 42 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER
(S.W. 1/4);
THENCE S.8703445" W., ALONG THE SOUTH LINE OF THE SAID SOUTHWEST ONE-
QUARTER (S.W. 1/4), A DISTANCE OF 219.93 FEET, TO A POINT OF INTERSECTION
WITH THE CENTERLINE OF SAID S.W. 18TH COURT;
THENCE N.01042'38"W., ALONG SAID CENTERLINE, A DISTANCE OF 100.08 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
THENCE CONTINUE N.01°42'38"W., ALONG SAID CENTERLINE, A DISTANCE OF
193.27 FEET, TO A POINT OF INTERSECTION WITH THE WESTERLY EXTENSION OF
THE NORTH LINE OF LOT 17, BLOCK 1, OF SAID DOUGLAS HILL PLAT;
THENCE S.87025'58"W., ALONG SAID EXTENSION, A DISTANCE OF 25.00 FEET, TO A
POINT ON A LINE 25.00 FEET WEST OF AND PARALLEL WITH SAID CENTERLINE;
THENCE S.01042'38"E., ALONG SAID PARALLEL LINE, A DISTANCE OF 187.39 FEET;
THENCE S.79017'48"E., A DISTANCE OF 25.60 FEET TO THE POINT OF BEGINNING;
SAID LANDS SITUATE AND BEING WITHIN THE CITY OF DANIA BEACH, BROWARD
COUNTY, FLORIDA AND CONTAINING 0.11 ACRES (4,758 SQUARE FEET), MORE OR
LESS.
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