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Home My WebLink AboutR-2019-095 City Approving the Waiver of Replat Request (OT-86-19) Submitted by Larry L. Adair, on Behalf of 800 Marine Technical Center, Inc. for Property at NW 3rd Pl Between NW 8th Ave & NW 9th Ave RESOLUTION NO. 2019-095 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE WAIVER OF REPLAT REQUEST (OT-86-19) SUBMITTED BY LARRY L. ADAIR, ON BEHALF OF THE PROPERTY OWNER, 800 MARINE TECHNICAL CENTER, INC. FOR PROPERTY GENERALLY LOCATED AT NW 3RD PLACE BETWEEN NW 8TH AVENUE AND NW 9TH AVENUE IN 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, Land Development Code (the "LDC"), Part 6 "Development Review Procedures And Requirements," Article 655, "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, Larry L. Adair, on behalf of the property owner, 800 Marine Technical Center(the "Applicant"), has requested Waiver of Replat(OT-86-19) approval in order to submit an application to Vacate Utility Easement located on a portion of NW 3rd Place located between NW 8th Avenue and NW 9th Avenue, as legally described in Exhibit"A;" and WHEREAS, the City Commission finds that Replatting would cause undue hardship to the property owner, pursuant to Section 655-30(d) of the LDC; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the City's LDC; and WHEREAS, the City Commission finds that approval of the requested Waiver of Replat (OT-86-19) is consistent with the LDC 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 Waiver of Replat (OT-86-19), a copy of which is attached as composite Exhibit `B," is made a part of and incorporated into this Resolution by this reference, is approved. 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 August 27, 2019. ATTEST: o y THOMAS SCHNEIDER, CMC LORI L LLEN CITY CLERK R� �0► MAYOR ge�ISHEO�' APPROV AS FORM AND CORRECTNESS: i THOMAS J. N BR CITY ATTORN Y 2 RESOLUTION#2019-095 EXHIBIT A LEGAL DESCRIPTION That portion of NW 3rd Place in the City of Dania Beach, Broward County, Florida lying between Northwest 8'&9'Avenues. 3 RESOLUTION 42019-095 EXHIBIT B WAIVER OF REPLAT 4 RESOLUTION#2019-095 O T-8 6-19 LOCATION MAP WAIVER OF REPLATTING Legend 800 MARINE TECHNICAL =SUBJECTPROPERTY CENTERING DANIA PEACH SEA IT.WE I T.LOVE IT. 800 OLD GRIFFIN ROAD EL a 1 3 r* 2 WtiYd7TH ST M PROPERTT SUBJECT X A Pa L ICA TI O'T "'OLD;GRIFPIN 4 5T y N1N3RD'PL` - lu "A rot } 0 r ! (1a m NW3RDTER g p a, d" "4 4w 3RD ST kv .` = ` • ��- ate. 4 City of Dania Beach, Florida DANIA BEACH Department of Community Development SET II LIVE 11 LOVE IT Planning and Zoning Division (954) 924-6805 X3643 (954) 922-2687 Fax Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: I ❑ Variance D �L.. l 4 El Other: Vacation— Road &To Waive Requirement To Re-Plat 7 { — t THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED W TH 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: All that portion of the 30' Right-Of-Way of N.W. 3Ed Place lying between and immediately adjacent to the North Line of Block 2, and the South Line of Block 3, DANIA MANOR, according to the Plat thereof recorded in Plat Book 10, Page 53 Public Records of Broward County, Florida, being bounded on the East by a Line 10 Feet West of the Southerly extension of the East Line of said Block 3, and on the West by a Line 17.5 Feet East of the Southerly extension of the West Line of said Block 3. Lot(s): n/a Block: n/a Subdivision: n/a Recorded Plat Name: CORRECTED PLAT OF DANIA MANOR PB 10, PG 53, BROWARD Folio Number(s): n/a Legal Description: See Exhibit'A'Sketch And Description Attached Legal Representative: Larry L. Adair, P. A. Larry L. Adair, Attorney At Law Address of Applicant: 9715 West Broward Boulevard, Suite 303, Plantation, Florida 3332.4 Business Telephone: (954) 600-3266 Home: (954) 424-7411 Fax: (786) 257-5675 E-mail address: larry@lladairlaw.com Name of Property Owner: 800 Marine Technical Center, Inc.,a Florida corporation Address of Property Owner: 800 Old Griffin Road, Dania, Florida 33304 Business Telephone: (954) 849-5635 Home: (954) 565-0372 Fax: n/a Explanation of Request: To Vacate a portion of a dedicated street, more particularly that portion of N.W. 31d Place lying between Northwest 8th and 9th Avenues, City of Dania Beach, Broward County, Florida. 1 of 5 Updated 02t2017 Explanation Of Request continued: Further,to waive the requirements of City Of Dania Beach Code Of Ordinancfl Chapter 28, Land Development Code Article 655, Section 655-30 (D), more specifically to waive the requirement th> a new plat be submitted in furtherance of the within Application to Vacate that portion of N.W. 3d Place lying betwee Northwest 811 and 9th Avenues, City of Dania Beach, Broward County, Florida, in as the submission and approval o such new plat would cause an undue hardship to the Property Owner who is the owner of all property contiguous to that portion of the public street sought to be vacated and is otherwise unnecessary as the configuration of the existing' plat would remain unchanged. For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Section 625.40 of the Land Development Code. Prop. Net Acreage: .20661 Gross Acreage: .20661 Prop. Square Footage: 9,000 Sq. Ft. Existing Use: Public Right-Of-Way Proposed Use: Private Drive Is property owned individually, by a corporation, association,or a joint venture? The subject property is a public street originally dedicated to their perpetual use by virtue of the Corrected Plat of Dania Manor dated January 5, 1926,and recorded in Plat Book 10, Page 53, Public Records of Broward County, Florida. AUTHORIZED REPRESENTATIVE We are fully aware of the request being made to the City of Dania Beach. If we are unable to be present,we hereby authorize Larry L. Adair,Attorney At Law to represent us in all matters related to this application. We hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. 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 Development Code. STATE OF FLORIDA COUNTY OF BROWARD 800 MARINE TECHNICAL CENTER, INC. a Florida corporation By: Q Qohn P. D si ent. THE FOREGOING INSTRUMENT WAS ACKNOWLE OR THIS DAY OF NOVEMBER, 2018 =i2/2812022 te of Florida GG 253788 22 Notary Public• Printed Name: Personally known or Produced Identification Type of identification produced: or Driver's License 2of5 Updated 02/2017 *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 MEETING, ALLAPPLICA TIONSMUSTSEDETERMINEDCOMPLETEBYSTAFF BEFORE PROCESSING OCCURS, 3of5 Updated 02/2017 PAYMENT DATE City of Dania Beach BATCH NO. 12/07/2018 100 W. Dania Beach Blvd. 2019-03000210 COLLECTION STATION Dania Beach, FL 33004 RECEIPT NO. City Hall Window 1 2019-00011049 RECEIVED FROM CASHIER 0 MARINE TECHNICAL fincashier1 VENTER DESCRIPTION 800 OLD GRIFFIN ROAD UNIT 4 DANIA BEACH PAYMENT CODE RECEIPT DESCRIPTION • AMOUNT PSP Appi Review-Standard $3,500.00 PAYMENT TO VACATE PUBLIC ROAD PSP Appl Review-Standard $500.00 PAYMENT FOR WAIVER REPLAT Payments: Type Detail Amount Check 2627 $500.00 Check 2626 $3,500.00 4 Total Amount: $4,000.00 Customer Copy Printed by: fincashier1 Page 1 of 1 1210712018 12:03:11 AM Re: Standard Development Application Applicant: 800 Marine Technical Center, Inc. Date: December 6, 2018 Matter: Filing Fees Filing Fee: In the amount of$3,500.00 Accompanying Standard Development Application To Vacate Public Road: Filing Fee: In the amount of $500.00 Accompany Standard Development Application Request To Waive Requirement To Re-Plat: