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CITY OF POMPANO BEACH FLORIDA

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CITY OF POMPANO BEACH FLORIDA Powered By Docstoc
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CITY OF

POMPANO BEACH

FLORIDA
MAILING ADDRESS:
City of Pompano Beach P.O. Box 1300 Pompano Beach, FL 33061

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CITY HALL OFFICES:
100 W. Atlantic Boulevard Pompano Beach, Florida PHONE: (954) 786-4662 Visit Our Website At: http://www.mypompanobeach.org

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ZONING BOARD OF APPEALS City Commission Chambers AGENDA

October 16, 2008 6:00 P.M.

A.

Call to order by the Chairman of the Board, Mr. Daniel H. Yaffe.

B.

ROLL CALL: Daniel Yaffe Paul Webb George Cuolahan Robert Kintchen Ross Shulmister

C.

APPROVAL OF THE MINUTES: September 18, 2008

D.

EXPLANATION OF PREREQUISITES AND BOARD PROCEDURES

E.

ALL INDIVIDUALS TESTIFYING PLACED UNDER OATH

F.

CONSENT AGENDA - EXTENSION OF PRIOR BOARD APPROVALS 1. APPEAL #07-04 Consideration of the request by HEIDI DAVID KNAPIK on behalf of WCI COMMUNITIES for a 180 day extension of the variance approval granted on October 19, 2006, and subsequently extended on April 19, 2007, October 18, 2007, and April 17, 2008, in order to construct a building with a finished floor elevation of 11.00 feet above mean sea level, rather than construct a building with a finished floor elevation of 13.5 feet above mean sea level (six inches above the highest point of the crown of the adjacent streets), as required by the Code, on the following described property: Parcel "A", ATLANTIC POINT PLAT NO. 1 according to the plat thereof as recorded in Plat Book 169, Page 7, of the public records of Broward County, Florida; together with:

ZONING BOARD OF APPEALS AGENDA

October 16, 2008

Page 2

Lots 5 through 8 inclusive of Block 13, "POMPANO BEACH SUBDIVISION", according to the plat thereof as recorded in Plat Book 2, Page 93, of the public records of Palm Beach County, Florida, less and except that portion of Lots 7 and 8, Block 13, "POMPANO BEACH SUBDIVISION", according to the plat thereof as recorded in Plat Book 2, Page 93, of the public records of Palm Beach County, Florida, lying South of a line, said line being 50 feet North of (measured at a right angle) and parallel to the South boundary of Section 31, Township 48 South, Range 43 East. AKA: 1 North Ocean Boulevard ZONED: B-3 and B-3/PCD EXPIRATION DATE: October 9, 2008 EXPIRATION DATE WITH EXTENSION: April 7, 2009 AND 2. APPEAL #07-05 Consideration of the request by THOMAS W. JOHNSTON on behalf of KERRY GOLD, LLC. requesting a 180 day extension of the SPECIAL EXCEPTION approval granted on October 19, 2006, and subsequently extended on March 15, 2007, October 18, 2007, and April 17, 2008, in order to construct and operate an outdoor storage yard on the following described property: A portion of Parcel "A", FLO EAST CO PLAT, as recorded in Plat Book 77, Page 5, of the public records of Broward County, Florida, more fully described as follows: Beginning at the Southwest corner of said Parcel "A", thence North 88^ 56' 15" East, along the South line of said Parcel "A", a distance of 343.60 feet; thence North 01^ 02' 41" West a distance of 37.01 feet to a point of curve; thence Northwesterly along a curve to the left with a radius of 388.28 feet and a central angle of 33^ 52' 00", an arc distance of 229.51 feet to a Point of Tangency; thence North 34^ 54' 41" West, a distance of 135.13 feet to a point of curve; thence Northwesterly along a curve to the right with a radius of 432.28 feet and a central angle of 32^ 33' 09", an arc distance of 245.60 feet to a point on the West line of said Parcel "A"; thence South 11^ 10' 22" West, along the said West line a distance of 610.49 feet to the Point of Beginning. AKA: 1331 N.W. 15th Street ZONED: I-1 EXPIRATION DATE: October 9, 2008 EXPIRATION DATE WITH EXTENSION: April 7, 2009 AND 3. APPEAL #07-31 Consideration of the request by REVEREND HENRY BROWN on behalf of BROWN'S TEMPLE for a 180 day extension of the two

ZONING BOARD OF APPEALS AGENDA

October 16, 2008

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variances approvals granted on May 4, 2007, and subsequently extended on October 18, 2007, and April 17, 2008, as follows: 1) Variance from the provisions of Section 155.235 (I) (1) of Chapter 155 of the Code of Ordinances in order to construct an addition to an existing church and provide a 6 foot front yard setback, rather than provide the 25 foot front yard setback as required by the Code. Variance from the provisions of Section 155.235 (I) (3) of Chapter 155 of the Code of Ordinances in order to construct an addition to an existing church and provide a 20.00 foot side yard setback, rather than provide the 25 foot side yard setback as required by the Code.

2)

The property in this Public Hearing is as follows: The West 251 feet of the East 328 feet of the South 100.0 feet of the Southeast one-quarter of the Northeast one-quarter of the Northeast one-quarter of Section 33, Township 48 South, Range 42 East, together with: Parcel D of ESQUIRE LAKES ESTATES, SECTION 1, according to the plat thereof as recorded in Plat Book 62, Page 20, of the public records of Broward County, Florida. AKA: 1081 North Powerline Road ZONED: CF (Community Facilities) EXPIRATION DATE: October 26, 2008

EXPIRATION DATE WITH EXTENSION: April 24, 2009 AND 4. APPEAL #08-27 Consideration of the request submitted by ROSS J. MC KELVEY, JR. on behalf of GARDEN STATE, LLC. for a 180 day extension of the SPECIAL EXCEPTION approval granted on April 22, 2008, in order to utilize the following described property in an I-1 (General Industrial) zoning district as an outdoor training facility for construction work: Lots 1 through 7 inclusive of Block 2 of FREEWAY CENTER, according to the plat thereof as recorded in Plat Book 49, Page 43, of the public records of Broward County, Florida. Alleyways vacated per Pompano Beach Ordinance No. 87-68, dated September 8, 1987. AKA: 2020 N.W. 32nd Street ZONED: I-1 EXPIRATION DATE: October 14, 2008

EXPIRATION DATE WITH EXTENSION: April 12, 2009 * G. * * * * * * * * *

PUBLIC HEARINGS

ZONING BOARD OF APPEALS AGENDA 5. APPEAL #09-01

October 16, 2008

Page 4

Consideration of the Appeal by PARKSON CORP. requesting a TEMPORARY PERMIT be granted from the provisions of Section 155.008 (A) of Chapter 155 of the Code of Ordinances in order to operate a business out of temporary office trailers and without complying with the various zoning regulations (site plan approval, parking, landscaping, paving, etc.) until the required governmental approvals are obtained. The property in this Public Hearing is as follows: A tract of land lying in Section 3, Township 49 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest corner of Government Lot 4, Section 2, Township 49 South, Range 42 East; thence South 88^ 30' 46" East, along the South line of said Government Lot 4, a distance of 36.32 feet; thence North a distance of 674.61 feet; thence North 87^ 41' 27" West, a distance of 40.03 feet to the Point of Beginning; thence continue North 87^ 41' 27" West, a distance of 150.98 feet to the Easterly right of way line of S.W. 13th Avenue; thence North 00^ 16' 42" East, along the Easterly right of way line of S.W. 13th Avenue, a distance of 209.09 feet to the Southerly right of way line of S.W. 2nd Street; thence South 87^ 56' 54" East, along the Southerly right of way line of S.W. 2nd Street, a distance of 149.94 feet; thence South a distance of 209.80 feet to the Point of Beginning; containing 31,493.21 square feet more or less, or 0.7230 acre, more or less; as shown on print of survey dated December 8, 1986, prepared by James F. Nash, Registered Land Surveyor No. 2264. The foregoing was acquired by Grantor, or its predecessors, from W.C. Davis, by Deed dated March 12, 1956, recorded on March 16, 1956, in Deed Book 589, Page 1 of the public records of Broward County, Florida. AKA: 1290 S.W. 2nd Street ZONED: I-1 * 6. * * * * * * * * *

APPEAL #09-02 Consideration of the Appeal by RIVERSIDE NORTH DEVELOPERS, LLC. requesting two (2) variances be granted as follows: 1) Variance from the provisions of Section 155.169 (G) (2) (a) of Chapter 155 of the Code of Ordinances in order to construct a multi-story residential building with a 10 foot side yard setback from the north property line, rather than provide the 30 foot side yard setback as required by the Code. Variance from the provisions of Section 155.169 (G) (2) (a) of Chapter 155 of the Code of Ordinances in order to construct a multi-story residential building with a 10 foot side yard setback from the south property line, rather than provide the 30 foot side yard setback as required by the Code.

2)

ZONING BOARD OF APPEALS AGENDA

October 16, 2008

Page 5

The property in this Public Hearing is as follows: Lots 5 and 6 of the AMENDED PLAT OF PARCEL NO. 4 SURFSIDE VILLAS, according to the plat thereof as recorded in Plat Book 27, Page 35 of the public records of Broward County, Florida. AKA: 407 North Riverside Drive ZONED: RM-45 * 7. * * * * * * * * *

APPEAL #09-03 Consideration of the Appeal by the CITY OF POMPANO BEACH requesting a TEMPORARY PERMIT from the provisions of Section 155.008 (A) of Chapter 155 of the Code of Ordinances in order to use a trailer as a temporary office without complying with the various zoning regulations, (site plan approval, parking, landscaping, paving, etc.) until a new building is permitted and constructed. The property in this Public Hearing is as follows: Parcel "A", POMPANO BEACH WATER AND SEWER DIVISION PLAT, according to the plat thereof as recorded in Plat Book 149, Page 11, of the public records of Broward County, Florida; and filed under Broward County Property Appraiser as Folio ID #4842 35 68 0010 together with: A portion of land located within Section 35, Township 48 South, Range 42 East and described as follows: Commencing at a point 701.18 feet South and 675 feet West of Northeast corner of Northeast one-quarter of said Section 35, West 229.93 feet to the Point of Beginning; South 182.57 feet, West 207.70 feet, Northeasterly 189.6 feet, East 18.50 feet, Easterly arc distance 54.26 feet, East 90.08 feet to the Point of Beginning and filed under Broward County Property Appraiser as Folio ID #4842 35 00 0044. AKA: 1201 N.E. 3rd Avenue ZONED: B-4 * * * * * * * * * *

8.

APPEAL #09-04 Consideration of the Appeal SCOZAK REALTY, INC. requesting a variance be granted from the provisions of Section 155.133 (B) of Chapter 155 of the Code of Ordinances in order to store equipment on the subject property with portions of the equipment extended to a height of 21 feet, rather than limit the height of the equipment to 7 feet/6 inches as required by the Code. The property in this Public Hearing is as follows: Parcel "A" and "B", BUDGET PLAT, according to the plat thereof as recorded in Plat Book 173, Pages 56 and 57, of the public records of Broward County, Florida. AKA: 1021 and 1041 N.W. 12th Terrace

ZONING BOARD OF APPEALS AGENDA ZONED: I-1 * 9. * * * *

October 16, 2008

Page 6

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APPEAL #09-05 Consideration of the Appeal by SCOZAK REALTY, INC. for SPECIAL EXCEPTION approval in order to construct and operate an outdoor storage yard in accordance with the provisions of Section 155.205 (C) (4) of Chapter 155 of the Code of Ordinances. The property in this Public Hearing is as follows: Parcel "A" and "B", BUDGET PLAT, according to the plat thereof as recorded in Plat Book 173, Pages 56 and 57, of the public records of Broward County, Florida. AKA: 1021 and 1041 N.W. 12th Terrace ZONED: I-1 * * * * * * * * * *

10.

APPEAL #09-06 Consideration of the Appeal by JOSE ORLANDO CONTRERAS, for SPECIAL EXCEPTION approval in accordance with the provisions of Section 155.183 (D) (5) of Chapter 155 of the Code of Ordinances in order to utilize the subject property, located in a B-3 (General Business) zoning district, for a church. The property in this Public Hearing is as follows: Lots 8 through 12 inclusive of Block 1, AMENDED PLAT OF FAIRVIEW, according to the plat thereof as recorded in Plat Book 10, Page 25, of the public records of Broward County, Florida; and that part of vacated road as referenced in Ordinance filed February 7, 2006, in Official Records Book 41418, Page 410, being described as follows: That portion of Palm Terrace right of way lying adjacent to Lot 12, Block 1, AMENDED PLAT OF FAIRVIEW, according to the plat thereof as recorded in Plat Book 10, Page 25, of the public records of Broward County, Florida, said portion being bounded as follows: On the North by a line parallel with and 50 feet Southerly of the Westerly extension of the North line of the aforementioned Lot 12, Block 1; on the South by the Westerly extension of the Southerly line of Block 1; on the East by the West line of the aforementioned Lot 12, Block 1; and on the West by a line 30 feet West of and parallel with the West line of aforementioned Lot 12, Block 1. AKA: 740 S.W. 11th Street ZONED: B-3 * * * * * * * * * *

11.

APPEAL #09-07 Consideration of the Appeal by MICHAEL OLINGER, for SPECIAL EXCEPTION approval in accordance with the provisions of Section

ZONING BOARD OF APPEALS AGENDA

October 16, 2008

Page 7

155.183 (D) (2) of Chapter 155 of the Code of Ordinances in order to utilize the subject property, located in a B-3 (General Business) district, for an automobile care center as defined by Section 155.003 of the Code. The property in this Public Hearing is as follows: Lot 3, and the South 20 feet of Lot 2, Block 10, BEACON HEIGHTS, SECTION B, according to the plat thereof as recorded in Plat Book 44, Page 43, of the public records of Broward County, Florida. AKA: 4141 North Federal Highway ZONED: B-3 * 12. * * * * * * * * *

APPEAL #09-08 Consideration of the Appeal by AMERICAN WORLD INTERNATIONAL, INC. for SPECIAL EXCEPTION approval pursuant to Section 155.183 (D) (5) of Chapter 155 of the Code of Ordinances in order to establish and use an existing building as a church on property zoned B-3 (General Business). The property in this Public Hearing is as follows: Lots 45 and 46, Block 4, POMPANO BEACH INDUSTRIAL CENTER, according to the plat thereof as recorded in Plat Book 39, Page 24, of the public records of Broward County, Florida. AKA: 61 S.W. 6th Street ZONED: B-3 * * * * * * * * * *

13.

APPEAL #09-09 Consideration of the Appeal by ROYAL PALM BUSINESS CENTER, LLC. requesting a TEMPORARY PERMIT be granted from the provisions of Section 155.130 (C) of Chapter 155 of the Code of Ordinances in order to temporarily use approximately 212 feet of 6 foot high chain link fence in a required buffer area, rather than construct the 212 feet of 8 foot high masonry or CBS wall as required by the Code. The property in this Public Hearing is as follows: Parcel 1 – A portion of the South one-half of Section 34, Township 48 South, Range 42 East as described in full on the survey submitted with this application; and Parcel 2 – A portion of the South one-half of Section 34, Township 48 South, Range 42 East as described in full on the survey submitted with this application; and Parcel 3 – All that part of Section 34, Township 48 South, Range 42 East as described in the survey submitted with this application; and Parcel 4 – Beginning at a point 675 feet Southwardly, measured along the center line of Seaboard Coast Line Railroad Company's (formerly Seaboard air Line Railroad Company) main track from

ZONING BOARD OF APPEALS AGENDA

October 16, 2008

Page 8

mile post 1004 and 222 feet Westwardly, measured at right angles from said center line; running thence Northwardly parallel with said center line 100 feet to the Southwest corner of land described in Deed dated April 7, 1958, from Seaboard Air Line Railroad Company to Leslie Tillman, recorded in Deed Book 1208, Page 258, public records of Broward County, thence Eastwardly at right angles from the preceding course and along the Southerly line of land described in said Deed, dated April 7, 1958, 154.08 feet to the Southeast corner thereof, said corner being located 8 feet Westwardly measured at right angles from the center line of said Seaboard Coast Line Railroad Company's spur track SV#13; thence Southwardly parallel with the center line of said spur track SV#13, 100.65 feet; thence Westwardly along a line that is perpendicular to the center line of said main track, 165.49 feet to the Point of Beginning, together with all improvements thereon or additions thereto; and Parcel 5 – The South 215 feet of the East one-half of the Southeast one-quarter of the Northeast one-quarter of the Southwest onequarter of Section 34, Township 48 South, Range 42 East, and the East one-half of the North one-half of the Northeast one-quarter of the Southeast one-quarter of the Southwest one-quarter of Section 34, Township 48 South, Range 42 East, lying Northwesterly of right of way of Seaboard All Florida Railway as said railway in now located and constructed over and across said lands; together with all improvements thereon or additions thereto; and Parcel 6 – A portion of the East one-half of the Southwest onequarter of Section 34, Township 48 South, Range 42 East, as described in full on the survey submitted with this application. AKA: 1350-1390 Hammondville Road ZONED: I-1 * 14. * * * * * * * * *

APPEAL #09-10 Consideration of the Appeal by NICOLE A. KUCHLER requesting a TEMPORARY PERMIT be granted from the provisions of Section 155.008 (A) of Chapter 155 of the Code of Ordinances in order to operate a business out of construction trailers and without complying with the various zoning regulations (site plan approval, parking, landscaping, paving, etc.). The property in this Public Hearing is as follows: Lot 3, Block 7, POMPANO MANOR, less the North 15 feet of Lot 3 according to the plat thereof as recorded in Plat Book 22, Page 14, of the public records of Broward County, Florida. AKA: 2640 N.W. 15th Court ZONED: I-1 * * * * * * * * * *

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OTHER BUSINESS

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ZONING BOARD OF APPEALS AGENDA I. ADJOURNMENT

October 16, 2008

Page 9

********* Linda R. Hora Advisory Board Secretary 10.9.08

NOTE: Any person who decides to appeal any decision of the ZONING BOARD OF APPEALS with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.


				
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