HomeMy WebLinkAboutR-2018-012 Approves Waiver of Replat Request (OT-131-17) Submitted by Thomas Engineering Group on Behalf of Griffin 3100 for Property Generally Located on the NE Corner of Griffin Rd. and SW 32 Ave. RESOLUTION NO. 2018-012
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA APPROVING THE WAIVER OF REPLAT REQUEST
(OT-131-17) SUBMITTED BY THOMAS ENGINEERING GROUP, LLC ON
BEHALF OF THE PROPERTY OWNER, GRIFFIN 3100, LLC, FOR
PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF
THE INTERSECTION OF GRIFFIN ROAD AND SW 32" AVENUE WITHIN
THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 28, Part 6 of the Dania Beach Land Development Code (the
"LDC"), Article 655, entitled "Vacations of Right-of-Way", states that no platted street alley or
other property dedicated to the public use shall be vacated or abandoned except by a new plat
submitted to and approved by the City Commission, unless the City Commission waives the
requirement of a new plat; and
WHEREAS, Thomas Engineering Group LLC, on behalf of the property owner, Griffin
3100, LLC (the "Applicant"), has requested the City Commission waive the requirement of a new
plat in order to submit an application to vacate a utility easement located on the property legally
described in Exhibit"A"; and
WHEREAS, the City Commission has determined that the submission and approval of a
new plat associated with the requested utility easement vacation would cause an undue hardship
to the property owner and pursuant to City Code Section 655-30(D), is willing to grant a waiver
to the requirements for new plat submission and approval.
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 City Commission agrees to waive the requirement for the
submittal and approval of a new plat in connection with an application to vacate a utility
easement located on the property legally described in Exhibit"A".
Section 3. That this Resolution only allows the applicant to submit and process an
application to vacate the utility easement without the need to replat the subject property, but does
not grant the vacation itself nor constitute the approval of such vacation.
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 undertake 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 January 23, 2018.
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LOUISE STILSON, CMC MARA JA E ell
CITY CLERK ,tick,, AYOR
APPROVED AS FO AND CORRECTNESS:
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THOM J. AS R
CITY ATTORNE
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EXHIBIT A
LEGAL DESCRIPTION
RIGHT OF WAY ACROSS THE SOUTH 20 FEET OF THE NORTH 124 FEET OF LOT 19 IN
BLOCK 1, OF CANAL GROVES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 22,PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA
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