CITY OF DEERFIELD BEACH Request for City Commission Agenda

Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: June 21, 2011 Contact Person: Gerald R. Ferguson - Director of Planning & Growth Management Description: APPEAL OF BOARD OF ADJUSTMENT S DECISION REQUEST NOT APPROVED CASE NO. 2263 - ROBERT KASSAB & DANIEL MENCADA III, by Dan Casey Seeking CONDITIONAL USE approval to allow an auto repair and auto body shop in the B-3 (Business, General) zoning district; AND seeking the following 2 VARIANCES: 1.) in order to utilize offstreet parking which is non-conforming in terms of Code requirements for design and materials, and 2.) in order to use property which is non-conforming in terms of Code requirements for landscape area, design and materials. The property is located at 104 S.E. 5th Court.(Motion to approve failed on May 26, 2011) Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance Resolution Consent Agenda Comments: Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item ITEM APPROVED FOR THE AGENDA: Signature Date

RESOLUTION NO. 2011/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, DETERMINING THAT THE BOARD OF ADJUSTMENT OF THE CITY OF DEERFIELD BEACH INCORRECTLY APPLIED THE REQUIREMENTS OF THE DEERFIELD BEACH LAND DEVELOPMENT CODE BY NOT APPROVING TWO VARIANCES AND A CONDITIONAL USE AS REQUESTED BY THE APPLICANTS ROBERT KASSAB AND DANIEL MENCADA III, CASE NO. 2263 AND THAT THE REQUEST FOR THE TWO VARIANCES AND A CONDITIONAL USE IS HEREBY APPROVED BY THE CITY COMMISSION WHEREAS, the Board of Adjustment reviewed the application, heard testimony and evidence and reviewed the entire file and all relevant documents for the application by Robert Kassab and Daniel Mencada III (Applicants) for a conditional use in accordance with Section 98-55(c)(1) of the Deerfield Beach Land Development to allow an auto repair and auto body shop in the B-3 (Business, General) zoning district for property located at 104 S.E. 5 th Court, Deerfield Beach, Florida; and WHEREAS, in accordance with Section 98-116(i) of the Land Development Code of the City of Deerfield Beach, the City Commission has reviewed the transcript of the May 26, 2011, Board of Adjustment meeting regarding Case No. 2263, request of Robert Kassab and Daniel Mencada III for a variance from Section 98-88(j) of the Code in order to utilize off-street parking which is non-conforming in terms of Code requirements for design and materials and a variance from Sections 98-61 and 98-80 in order to use property which is non-conforming in terms of Code requirements for landscape area, design and materials for property located at 104 S.E. 5 th Court, Deerfield Beach, Florida; and WHEREAS, the City Commission hereby finds that the Applicant has demonstrated compliance with the requirements of Section 98-55(c)(1) of the Deerfield Beach Land Development Code for the granting of a conditional use and that the applicants have demonstrated that a hardship exists as well as the other requisites to a variance have been demonstrated as required by Section 98-116(h) of the Land Development Code of the City of Deerfield Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. Based upon the findings set forth above, the decision of the Board of Adjustment not to approve the Applicants request for a conditional use and two variances, Case No. 2263 for the property of Robert Kassab and Danile Mencada III located at 104 S.E. 5 th Court, Deerfield Beach, Florida, is hereby overturned and that the request of the Applicants for the two variances as set forth above and their request for a conditional use is hereby approved. Section 3. The variance as set forth herein is the sole variance permitted and no variances from any Land Development Code or other City requirement in excess of those as specifically set forth herein shall be granted. PASSED AND ADOPTED THIS DAY OF, 2011. PEGGY NOLAND, MAYOR 1

ATTEST: ADA GRAHAM JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Variances/Kassab Conditional Use-Variance 98-55.Approval 2

RESOLUTION NO. 2011/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, DETERMINING THAT THE BOARD OF ADJUSTMENT OF THE CITY OF DEERFIELD BEACH CORRECTLY APPLIED THE REQUIREMENTS FOR A VARIANCE AND THAT THE APPLICANTION OF ROBERT KASSAB AND DANIEL MENCADA III, CASE NO. 2263 FOR TWO VARIANCES AND A CONDITIONAL USE IS HEREBY DENIED BY THE CITY COMMISSION WHEREAS, the Board of Adjustment reviewed the application, heard testimony and evidence and reviewed the entire file and all relevant documents for the application by Robert Kassab and Daniel Mencada III (Applicants) for a conditional use in accordance with Section 98-55(c)(1) of the Deerfield Beach Land Development to allow an auto repair and auto body shop in the B-3 (Business, General) zoning district for property located at 104 S.E. 5 th Court, Deerfield Beach, Florida; and WHEREAS, in accordance with Section 98-116(i) of the Land Development Code of the City of Deerfield Beach, the City Commission has reviewed the transcript of the May 26, 2011, Board of Adjustment meeting regarding Case No. 2263, request of Robert Kassab and Daniel Mencada III for a variance from Section 98-88(j) of the Code in order to utilize off-street parking which is non-conforming in terms of Code requirements for design and materials and from Sections 98-61 and 98-80 in order to use property which is non-conforming in terms of Code requirements for landscape area, design and materials for property located at 104 S.E. 5 th Court, Deerfield Beach, Florida; and WHEREAS, the City Commission hereby finds that the Applicant has not demonstrated compliance with the requirements of Section 98-55(c)(1) of the Deerfield Beach Land Development Code for the granting of a conditional use nor have the applicants demonstrated that a hardship exists as well as that the other requisites for a variance have not been demonstrated as required by Section 98-116(h) of the Land Development Code of the City of Deerfield Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. Based upon the findings set forth above, the decision of the Board of Adjustment not to approve the Applicants request for a conditional use and two variances, Case No. 2263 for the property of Robert Kassab and Danile Mencada III located at 104 S.E. 5 th Court, Deerfield Beach, Florida, is hereby upheld and that the request of the Applicants for the two variances as set forth above and their request for a conditional use is hereby denied. PASSED AND ADOPTED THIS DAY OF, 2011. ATTEST: PEGGY NOLAND, MAYOR ADA GRAHAM JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Variances/Kassab Conditional Use & Variance 98-55.Denial

MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT CITY OF DEERFIELD BEACH, FLORIDA May 26, 2011 CALL TO ORDER AND ROLL CALL A regular meeting of the Board of Adjustment of the City of Deerfield Beach, a Municipal Corporation of Florida was called to order on the above date at 7:00 p.m. by, Chairwoman Pascar. Roll Call showed: Present: Shelia Pascar, Chairwoman Gail Battle Sandra Gordon Clinton Painter Sanford Scher, Alternate Also Present: Jerry Ferguson, Director of Planning and Growth Management Amanda Martinez, Planner Sharon Cruz, Assistant City Attorney Vernadette Fuller, Minutes Secretary Victoria, Paez-Neil, Prestige Reporting Absent: NONE SEATING OF ALTERNATES Mr. Scher was seated to serve at tonight s meeting. PUBLIC HEARING CASE NO. 2263 Appellant: ROBERT KASSAB & DANIEL MENCADA III, Dan Casey Request: Seeking CONDITIONAL USE approval in accordance with Section 98-55 C (1) of the Deerfield Beach Land Development Code in order to allow an auto repair and auto body shop in the B-3 (Business General) zoning district, AND seeking the following 2 VARIANCES from the provisions of the Deerfield Beach Land Development Code in conjunction with said conditional use: 1) from Section 98-88(j) in order to utilize off-street parking which is non-conforming in terms of Code requirements for design and materials, and 2) from Sections 98-61 and 98-80 in order to use property which is non-conforming in terms of Code requirements for landscape area, design and materials.. Location: Lots 1 thru-4 together with a portion of the vacated right-of-way lying north of And adjacent to said lots, Block 4, JEFFERSON ADDITION TO DEERFIELD, located at 104 S.E. 5 th Court. Ms. Martinez read the appeal for the application and reported 19 letters were mailed; 0 were

returned undeliverable. No letters of objection or approval were received. Pursuant to Conditional Use Criteria, Section 98-85; (1) the use is a permitted conditional use as set forth in Article III hereof; meets requirements; 2) the use complies with all specific development requirements as set forth for that use in the district in which it is located; 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding;4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas (there are no residential areas near the property); and 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; meets requirements; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located; However, as it relates to items 2, 9 and 10 the property is unimproved and nonconforming and does not have landscaping and parking, therefore the appellant is asking for a variance to meet the conditional use requirements. Robert Kassab, 555 South Ocean Boulevard, Boca Raton, gave a brief history of the property and stated that his father opened a company (Stainless Inc) about four years ago. He said that entire block was cleaned and improved and Stainless Inc. became one of the largest employers in Deerfield Beach. He stated that the new tenant (Total Restoration) is a clean, small business that will employee local people. All Star Golf Carts was a tenant for 15 years and they were selling, servicing, and refurbishing motorized golf carts. He said that they requested more retail exposure and asked for permission to put in a sign on a property that was contiguous, however, the request was denied by the City. Lastly, he said that All Star Golf Carts and Total Restoration have the same business use. Dan Casey, 274 N.E. 3 rd Court, Boca Raton, representing the appellants, stated that the property is located on a private street and is a good distance from any residential properties. He said that there is a construction company across the street, a vacant property to the east and a self-storage facility to the south. He said that the building is suited for the proposed use, the area is fenced on the east and west, and there are gravel and cement pathways. He believes they meet the spirit of the ordinance requirement as it relates to the parking and landscaping. He informed the Board that there is landscaping around the perimeter of the property and said it is cost prohibitive to bring the property into compliance. Daniel Mencada, owner, Total Restoration, 4118 N.W. 18 th Avenue, Coral Springs, stated that their business model has been developed with a purpose of convenience. He said that they repair the body and upholstery of the vehicles and their focus is on developing the community. He acknowledged that the building on N.E. 1 st Avenue is larger, but they were not able to fulfill their

client s request in a timely manner. He said that the vehicles will be protected because it is a private area and they would like to continue doing business in Deerfield Beach. Ms. Gordon asked if they have a short or long term business arrangement. Mr. Mencada replied they have a 10-year lease and they are looking at expanding to the building next door. Mr. Painter asked what the business primary use is. Mr. Mencada replied that 90% of their repair work involves repairing modern vehicles (mechanical, upholstery and body work). He noted that they do not paint vehicles on the premises Chairwoman Pascar invited the public to speak either for or against the application. Peter De Christo, 153 S.E. 7 th Street, pointed out that he lives southeast of the proposed property and they have issues with bringing in another auto body shop. He said that there are existing businesses in the area that create a lot of noise late into the evening. He stated that tractor trailers are being parked in the vacant lot and are 10-15 feet from his back door. He commented that there was also noise from the seafood and ice cream businesses before they moved. He presented pictures taken from his backyard to show what is on-going and said that he tried to sell his home about 5 years ago, but could not because of the close proximity to the commercial businesses. He stated that it is good to start a business and provide jobs in the community, however, it is very difficult for the residents and it makes for a poor quality of life. Lastly, he said that petitions in opposition to this project were emailed and the residents are not in favor of this proposal. Ms. Gordon asked if the businesses were in place before Mr. De Christo purchased his home. Mr. De Christo replied that yes. Mr. Painter asked Mr. De Christo if he feels the landscaping is adequate. Mr. De Christo no, but there is a 10-ficus hedge and fence. Mr. Painter asked if the ficus hedge is healthy. Mr. De Christo replied yes. Mr. Painter noted that there is a major difference between a golf cart shop and an auto body shop. Mark Dwyer, 884 S.E. 19 th Avenue, stated that the area is zoned commercial and the auto shop is small. He said that the most of the work is done inside and between normal business hours. He stated that there isn t any noise and they are working hard to get businesses to come into the City. He said that it has taken a year to get a perspective tenant and he doesn t want to have

another distressed property in Deerfield Beach. Chairwoman Pascar asked what the hours of operation are. Mr. Mencada replied 8:30 a.m. to 6:00 p.m. He pointed out that their business is family owned and said they are concerned about the residents. Mr. Dwyer stated that they have a 5 year lease with a 5 year option. Susan Gerald 183 S.E. 7 th Street, stated that a nice picture has been painted, but there are children in the neighbor and beer and soda cans have been thrown at them. She said that they try to be good neighbors and feels this business would be detrimental to the community. James Shankberger, 137 S.E. 7 th Street, stated that he is concerned about the traffic and noise. He said that children walk in the area and feels their property values have gone down. He presented pictures of the area. Mr. Painter asked if the appellant is already working at the location. Mr. Dwyer replied yes, the property and business owners were under the impression the auto body shop was a continued use. He said that they are doing everything they can to make things right. Mr. Kassab pointed out on the aerial the distance between the businesses and the residential properties. Mr. Scher made a motion, second by Mr. Painter to close the public hearing. The motion CARRIED unanimously. Ms. Gordon stated that the Board can approve the conditional use and make the variance specific to this property. Ms. Cruz replied that is correct. Ms. Gordon said that she visited the site today and did not here any noises. Chairwoman Pascar said that people are allowed to work out of the Sunshine Storage area and the property is commercially zoned. Ms. Battle asked if the appellant is willing to meet any of the requirements as outlined. Mr. Ferguson advised that this property does not meet the criteria for conditional use approval so the appellant is requesting variance from the criteria. Ms. Gordon pointed out that staff was not able to make the exact landscaping requirements.

Mr. Ferguson said that is part of the problem because the Code did not exist when this property was built. He said that the owner would have to submit a complete site plan and they would have to evaluate it. Chairwoman Pascar noted that the property does have a 6-foot perimeter fence and a 10 foot hedge and trees to provide adequate landscaping and screening from the private road. Mr. Dwyer said that they want to continue the tenancy of the building and the site will never meet the current code requirements. He reiterated that the landscape does provide more than ample screening and shading. Mr. Scher said that the property is located on a private street. Mr. Scher made a motion, second by Ms. Gordon to approve Case No. 2263 pursuant to Section 98-85 of the Deerfield Beach Land Development Code: ( 1) the use is a permitted conditional use as set forth in Article III hereof, 2) the use complies with all specific development requirements as set forth for that use in the district in which it is located; 3) the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to noise, air pollution, traffic problems or overcrowding; 4) the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic or other tangible effects which will occur as a result of the intended use and 5) the use will be compatible with adjoining development and the proposed character of the district where it is to be located; 6) that the use will have a density and intensity of development as compatible with the neighborhood in which it is located; 7) adequate landscaping and screening is provided to screen the development or use from neighboring residential areas (there are no residential areas near the property); 8) the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets; 9) adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as ton cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street; and 10) the use conforms with all applicable regulations governing the district where it is located. Also, the variances are approved for this particular business only. The motion FAILED 3-2. Ms. Battle and Mr. Painter voted NAY.

) 7 SW 1 AVE S D I X I E ) 3 ) 4 SE 1 TER Public Notification Boundary SE 2 AVE SW 4 ST EIGHTS 1ST ADDN ) 9 W 6 ST ST ) 8 SW 5 CT SW 5 ST GHTS 1ST ADDN S D I X I E H W Y ) 12 SW 4 ST WALTER FINLEY'S SD S D I X I E H W Y S D I X I E H W Y SE 7 ST Subject Property. PARCEL A F L O R I D A E A S T C O A S T R A I L R O A D S D E E R F I E L D AV E C.L.W. PLAT SE 4 ST PARCEL 1 ) 2 VACATED SE 5 ST ) 3 JEFFERSON ADDN TO DEERFIELD PARCEL 2 HAUTE TERRE ) 1 VACATED SE 4 CT VACATED SE 5 CT ) 4 )8 VIZCAYA GARDEN 1 CONDO C B SE 7 ST A VACATED SE 1 WAY SE 1 WAY A G E C ) 5 VACATED SE 4 CT VACATED SE 5 ST SE 7 ST SE 4 ST ) 6 ) 7 VACATED SE 5 CT Public Hearing Notice Map Conditional Use & Variance Case No. 2263 104 SE 5th Court H F TRACT 1 B VACATED ST D M DEERFIELD PLAZA TRACT 2 OLIVER SD I K ) 3 VACATED ST VACATED COUNTY ROCK ROAD VACATED ST ) 4 VIZCAYA GARDEN VILLAS SE 4 ST J L N SE 7 ST 0 100 200 Feet SE 2 AVE SE 2 AVE SE 2 AVE For additional information Call the Planning Department at 954-480-4206