CITY OF NORTH LAUDERDALE

CITY OF NORTH LAUDERDALE

COMMUNITY DEVELOPMENT DEPARTMENT

TO: Mayor and City Commission

FROM: Richard D. Sala, City Manager

BY: Tammy L. Reed-Holguin, Community Development Director

DATE: January 30, 2007

SUBJECT: VAR- 06-05 Pollo Tropical

8002 West McNab Road

To permit reduced setbacks and landscaper buffer by granting variances from Section 106-350 (c) (4) and Section 102-59 (1) of the City Code of Ordinances.

APPLICANT: CKE Group, Inc.

The applicant is proposing to construct a 3,419.84 square foot building to house Pollo Tropical on an outparcel of the Shoppes of McNab shopping center located at 8002 West McNab Road. on the S.W. corner of McNab Rd. and 81st Ave. Please be advised that this parcel was previously occupied by a sit-down restaurant known as “Chez Max”, which was demolished because of a fire.

In order to accommodate the structure as proposed, the applicant is requesting a variance from the City’s setbacks and landscaping buffer Codes. The City’s code requires setbacks of 50 feet (per section 106-350 (c) (4) and 10 feet in landscaping buffer per section 102-59 (1). This would provide a 17.53 feet reduction in front setbacks from the right-of-way line, and 5 feet reduction of landscape buffering along right-of-way including curb. The table below outlines the details of the requested variances.

Variance

Code

Requirements

Proposed

Variance

Requested

Section 106-350 (c) (4)

Setbacks

50 feet

32.47 feet

17.53 feet

Section 102-59 (1)

Landscape Buffer

10 feet

5 feet

ANALYSIS AND FINDINGS

Per the guidelines and criteria contained in Section 106-79 of the City Code, a variance shall not be granted unless the City’s governing body determines the following:

1. That special circumstances exist affecting the land involved preventing the reasonable use of such land.

2. That the circumstances, which cause the hardship, are peculiar to the property, such that they clearly constitute marked exceptions to other properties in the district.

3. That the hardship is not an economical hardship.

4. That the hardship is not self-created.

5. That the variance is the minimum variance that will make possible the reasonable use of the property and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

The burden is on the applicant to prove that the requested variance reasonably meets the guidelines established for granting a variance, and will enable the reasonable use of this property. The following facts pertain to the subject property:

· The out-parcel is located next to existing paved parking areas and expansion is limited.

· There is no economic hardship, since the applicant is willing to make any necessary provisions requested by the City.

· Although the applicant has reduced the size of the prototype and has re-positioned the building to provide a better fit on the parcel and is requesting minimal variances to the setback and landscape buffer, the need for the variances may still be considered a self-created hardship.

· The existing dedicated right-of-way along McNab Road, adjacent to the Center, is 200 feet. McNab Road is currently constructed as a 6-lane facility in 106 feet of right-of-way leaving 47-feet of unused right-of-way between the property line and McNab Road.

As the City Commission’s Advisory Body, the Planning and Zoning Board met on January 24, 2007. After a staff presentation and public hearing, there was discussion regarding the impact of the reduction in the landscape buffer and front setback. The Board was concerned how these reductions would affect the continual enhancement of landscaping along the McNab corridor and the existing shopping center. The Board made a motion to send the item to the City Commission for consideration.

RECOMMENDATION:

The burden to justify the requested variance falls on the applicant. This variance request is being brought to the City Commission for review, discussion and possible approval. If the City Commission wishes to grant the variance, the approval should be subject to the following conditions:

1. That all applicable approvals by the City, County, State and other regulatory agencies be provided to the City of North Lauderdale prior to the issuance of permits.

2. That approval of the requested variance is contingent upon approval of the site plan.

If the Commission concurs with this request, the following motion is in order:

A motion to approve the first reading of the attached ordinance granting variances from the City of North Lauderdale Code of Ordinances to accommodate the reduced setbacks and landscape buffer to facilitate the construction of a Pollo Tropical as proposed, at 8002 W McNab Road in the Shoppes of McNab within a Community Business (B-2) zoning district.”

ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, SECTION 106-350 (c) (4) TO PERMIT THE 32.47 FEET SETBACK FROM A TRAFFIC WAY, AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 102-59 (1) TO PERMIT THE 5 FEET LANDSCAPE BUFFER FROM A TRAFFIC WAY, AS OPPOSED TO THE 10 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; FOR THE PROPOSED POLLO TROPICAL LOCATED AT THE SOUTHWEST CORNER OF 81st AVENUE AND McNAB ROAD, NORTH LAUDERDALE, FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

WHEREAS, Section 106-350 (c) (4) of the City Code requires a setback of 50 feet from a traffic way; and

WHEREAS, CKE Group Inc agent of said property, has applied for a variance to allow 32.47 feet setback from the traffic way; and

WHEREAS, Section 102-59 (1) of the City Code requires a minimum 10 feet wide landscape buffer abutting a right-of-way; and

WHEREAS, CKE Group Inc agent of said property, has applied for a variance to allow 5 feet wide landscape buffer from the traffic way; and

WHEREAS, the Planning and Zoning Board has recommended approval to move forward with the application for said variance request; and

WHEREAS, the City Commission is desirous of granting the requested variance from the requirements of the aforecited Ordinance and associated Zoning Regulations and/or applicable provisions thereof to said legal titleholder(s) as they apply to the property in question.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA:

Section 1: That pursuant to an application properly filed for a variance from the requirements of Section 106-350(c) (4) and Section 102-59(1) of the North Lauderdale Code, variance be and the same is hereby granted from the setback and buffering requirements for the building of the Pollo Tropical restaurant located at 8096 West McNab Road, North Lauderdale, Florida

Section 2: That the petition for a variance filed by the agent for Pollo Tropical, is hereby granted to Pollo Tropical, the same to inure to the benefit of the present and future titleholder(s) to said property.

Section 3: That all other requirements of the North Lauderdale Code of Ordinances and associated zoning regulations are not otherwise varied by the terms of this Ordinance and shall be in full force and effect and full applicable to the property described in Section 1 of this Ordinance to the legal title holders thereof.

Section 4: That all Ordinances, or parts of Ordinances, Resolutions or parts of Resolutions, in conflict herewith be and the same are repealed to the extent of such conflict.

Section 5: That this Ordinance shall take effect immediately upon adoption.

PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida, this _______ day of __________ _ 2007.

APPROVED AS TO FORM:

CITY ATTORNEY SAMUEL S. GOREN

MAYOR JACK BRADY

VICE MAYOR RICH MOYLE

ATTEST:

CITY CLERK C. MILLI DYER