HomeMy WebLinkAboutR-2023-079 Dania Beach Distillery LLC waiver of 1000 Foot Distance Separation RequirementRESOLUTION NO. 2023-_C l q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST FOR A WAIVER (OT-043-
23) FROM THE ONE THOUSAND (1,000) FOOT DISTANCE SEPARATION
REQUIREMENT PERTAINING TO THE SALE OF ALCOHOLIC
BEVERAGES, SUBMITTED BY THE APPLICANT, IVAN SEMIK N/DANIA
BEACH DISTILLERY LLC, FOR THE PROPERTY LOCATED AT 110 NW 1
STREET, UNIT 17 & 18, WITHIN THE CITY OF DANIA BEACH, FLORIDA,
AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28, Part 1 of the Dania Beach Land Development Code (the "LDC"),
Section 110-50(E), entitled "Proximity of Alcoholic Beverage Establishments to Other
Establishments and Uses," states that an Applicant for a license to sell liquor, in addition to beer
and wine, within one thousand (1,000) feet of another place of business so licensed, may apply for
a Waiver of the proximity requirements set forth in Section 110-50(B)(9); and
WHEREAS, the applicant, Ivan Semikin/Dania Beach Distillery LLC, has requested a Waiver
(OT-043-23) of the distance separation requirement for property located at I10 NW I Street, Unit
17 & 18, Dania Beach, Florida, legally described in Exhibit "A," pursuant to Section 110-50(E) of
the LDC; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on June 21, 2023, and determined that the proposed Waiver
of the proximity is consistent with the requirements set forth in Section 110-50(E)(1); and
therefore, recommended approval of the proposed waiver of the distance separation; and
WHEREAS, the City Commission has determined that the Applicant has met the criteria
for a Waiver of the distance separation requirement by a preponderance of the evidence; and
WHEREAS, 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 the Waiver request (OT-043-
23) 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 pursuant to Chapter 28 "Land Development Code," Part 1 "Use
Regulations," Article 110 "Use Regulations for Commercial And Mixed Used Districts," of the
City Code, the Waiver request (OT-043-23), as shown on Exhibit `B" is hereby approved.
Section 3. That the issuance of a Waiver 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 4. That pursuant to LDC Section 110-50(E)(6) "Resolution to grant waiver"
approval shall automatically expire after one hundred and eighty (180) days within which a
building permit shall be secured if one is required to implement the use for which the waiver is
granted. The waiver shall expire if the building permit to implement the improvements authorized
by the waiver is not secured within the time frame specified in this Resolution.
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 ADOPT11L,�-1 Jaws
July 11, 2023.
Motion by eGmm (/s second by C() (Y)• DoV 1 S
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
Commissioner Tamara James S
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV S
2 RESOLUTION #2023-Q 9
ATTEST:
O
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ELO , MMC ARCHn3
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
E BOU IS
CI Y ATTOSY
IV
RESOLUTION #2023-0C I
EXHIBIT "A"
LEGAL DESCRIPTION
TOWN OF MODELO (DANIA) B-49 D LOT 17,18 BLK 9
RESOLUTION#2023-V -71