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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2021-01Prepared by and Return to: TBO: 47 City Attorney CITY OF TAMARAC 7525 NW 881Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data Above This Line for BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA v i HEARING DATE: June 23, 2021 CASE NO. 1-B-21 IN RE: The Application of. Parkside Memory Care ALF 7501 NW 76 Street, Tamarac, Florida Property Folio Identification Number: 494103230030 Property Legal Description: Tract A less the North 20 feet of the West 85 feet, and all of Tract C, SOUTHERN BELL- TAMARAC, according to the Plat thereof, as recorded in Plat Book 89, Page 39, of the Public Records of Broward County. BOARD ORDER APPROVING VARIANCE Clifford R. Loutan, P.E., and Deena Gray, Esq., designated agents for the property owner, Serena Properties Pembroke Pine LLC (the "Applicant") filed an application with the City of Tamarac City") Department of Community Development seeking approval of the following Variances: Variance Request: Section 10-4.3(D)(2). Table 10-4.1. Code of Ordinances: A variance from Section 10-4.3(D)(2), Table 10-4.1, Minimum Number of Off -Street Parking Spaces, to allow for a minimum parking required of thirty-seven (37) parking spaces for a 43,000 square foot Assisted Living Facility in lieu of a minimum of ninety (92) parking spaces. Variance Board Order —Case No. 1-B-21 Page] of 3 Notice of the request for the Variance was given as required by law. The City Commission of the City of Tamarac ("Commission") has identified that the property located at 7501 NW 76 Street, Tamarac, Florida (the "Property") is located in the (PF), Public Facilities Zoning District. Pursuant to the authority contained in Section 10-5.4(Q) of the City of Tamarac Code of Ordinances, the Planning Board has reviewed the application, held a quasi-judicial publichearing on June 2, 2021, and recommend to the City Commission, APPROVAL OF THE APPLICATION WITH CONDITIONS. Following consideration of all testimony and evidence presented at the City Commission hearing on June 23, 2021, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(H) of the City of Tamarac Code of Ordinances, the Commission finds as follows: l . That special conditions and circumstances (such as topographic conditions or the narrowness, shallowness, or shape of the lot) pertaining to the particular property for which the Variance is sought, that do not generally apply to other property subject to the standard from which the Variance is sought. 2. The special conditions and circumstances referred to above are not the result of the actions of the landowner. 3. Because of the special conditions and circumstances referred to above, the literal application of this Code to development of the property for which the Variance is sought would effectively deprive the landowner of rights commonly enjoyed by other properties subject to the standard from which the Variance is sought, and would result in unnecessary and undue hardship on the landowner. 4. The Variance would not confer any special privilege on the landowner that is denied by law to other similarly situated properties subject to the standard from which the Variance is sought. 5. The extent of the Variance is the minimum necessary to allow areasonable use of the property. 6. The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit. 7. The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare. 8. The Variance is consistent with the Comprehensive Plan. Pursuant to the authority contained in Section 10-5.4 (Q) of the City of Tamarac Code of Ordinances, the Applicants' request for Variance approval as outlined is hereby GRANTED subject to the following condition: 1. Approval of the variance is contingent upon approval of the application for Site Plan (Major) for Parkside Memory Care ALF, Case #12-SP-20, by the City Commission. Variance Board Order —Case No. 1-B-21 Page 2 of 3 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this 6262,,,- day of , 2021, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By: MICHELLE J. GOM , MAYOR ATTEST: 1 l JE IFER J ` SO CMC C'I Y CLERK STATE OF FLORIDA ) H COUNTY OF BROWARD ) I hereby certify that on this day, before me, by means of physical presence or -0 online notarization, appeared City Commission, Mayor Michelle J. Gomez, to me personally known, who acknowledged that she is the Mayor of the City of Tamarac ("City") City Commission, a Florida municipal corporation, and that this instrument was signed for the purposes contained on behalf of the City and by the authority of the City, and that she further acknowledges the instrument to be the free act and deed of the City Commission.. Sworn to and subscribed before me this PA day of y((i ' , 2021. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: Fe- k-a Q y-9 'X) I a-o-S E.ndld ANN MARIE GORDON Notary Public - State of Florida Commission = rlri 095695 My Comm. Exaires reo 22. 2025 through National rotary Assr. Variance Board Order —Case No. 1-B-21 Page 3 of 3