HomeMy WebLinkAboutCity of Tamarac Board Order BO-2015-01Temporary Board Order No. 05
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88`h Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
Above This Line for
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2015- 0 /
Temp. Board Order No. 05
HEARING DATE: January 14, 2015
CASE NO. 7-B-14
IN RE: The Application of. DDRM Midway Plaza, LLC (Publix Store)
5881 North University Drive
Tamarac, Florida 33321
Property Folio Identification Number: 494109370010
Property Legal Description: MIDWAY PLAZA 126-14 B PARCEL A
ORDER APPROVING SIGN VARIANCE
The Applicant, Gregory T. Davis, Thomas Sign & Awning, designated agent for the property
owner, DDRM Midway Plaza, LLC (the "Applicant") filed an application with the City of
Tamarac ("City") Department of Community Development for the following Sign Variance:
Sign Variance from Section 18-65(b)(2), Tamarac Code of Ordinances, to allow three (3)
facade signs located on the front facade of Publix where only one (1) sign is permitted and
from Section 18-51(18)(b)(4), Tamarac Code of Ordinances, to allow a facade sign to
display an ancillary use of the occupant where only the primary use of the occupant is
permitted; LOCATED AT 5881 North University Drive, Tamarac, Florida 33321
Notice of the request for the Sign Variance petition was given as required by law. The
City Commission of the City of Tamarac ("the Commission") finds that the property located at
5881 North University Drive Tamarac, Florida (the "Property") is located in the MXD (Mixed
Use District).
Pursuant to Sections 2-370(f), 24-552 and 24-71 of the City of Tamarac Code of
Ordinances, and following consideration of all testimony and evidence presented at the hearing
on January 14, 2015, the Commission finds as follows:
Variance Order #7-13-14 (MAC) Page 1 of 3
Temporary Board Order No. 05
1. That special conditions and circumstances exist which are peculiar to the
land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district.
2. The special conditions and circumstances do not result from the actions of
the applicant.
3. That granting the Sign Variance petition will not confer on the applicant
any special privilege that is denied by any law or ordinance to other lands,
buildings or structures in the same zoning district.
4. That the literal interpretation of the provisions of the applicable Land
Development Regulations ("LDRs") would deprive the Applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms
of the LDRs.
5. That the requested Sign Variance petition is the minimum variance that
will make possible the reasonable use of the land, structure or building.
6. That the granting of the Sign Variance petition will be in harmony with
the general intent and purpose of the City's Land Development Regulations, and
such Sign Variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
7. The Public Record, including sworn testimony and evidence established
before and presented to the City Commission on January 14, 2015, is hereby
incorporated by reference and made a part hereof.
Pursuant to the authority contained in Sections 2-370(f), 24-552 and 24-71 of the City of
Tamarac Code of Ordinances, the Applicant's request for a Sign Variance from the requirements
of Section 18-65(b)(2), Tamarac Code of Ordinances, to allow three (3) facade signs located on
the front facade of Publix where only one (1) sign is permitted and from Section 18-51(18)(b)(4),
Tamarac Code of Ordinances, to allow a facade sign to display an ancillary use of the occupant
where only the primary use of the occupant is permitted, as represented in the Application, is
hereby GRANTED:
Pursuant to Section 2-370(a), of the City of Tamarac Code of Ordinances, the City
Attorney has prepared this Order.
2. Pursuant to Section 2-370(g), of the City of Tamarac's Code of Ordinances, this
Order shall be recorded in the public records of Broward County, Florida.
Variance Order #7-B-14 (MAC) Page 2 of 3
Temporary Board Order No. 05
-
DONE and ORDERED this day of li��L�L�`� 2015, in Tamarac,
Florida.
MAYOR AND COMMISSION
CITY OF TAMARAC, FLORIDA
By:
A DRESSLER,
MAYOR
ATTEST:
PATRICIA TEUFE CMC
CITY CLERK RECORD OF COMMISSION VOTE:
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
MAYOR DRESSLER J
DIST 1: V/M BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: COMM GLASSER
DIST 4: COMM PLACKO rw
7�
Variance Order #7-B-14 (MAC) Page 3 of 3