HomeMy WebLinkAboutCity of Tamarac Board Order BO-2021-02Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
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BEFORE THE CITY COMMISSION
TBO: 48
CITY OF TAMARAC, FLORIDA
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 104.4(1))(3)(c)(i), Code of Ordinances:
A Variance from Section 10-4.4(1))(3)(c)(i), Land Development Code, to allow for a buffer
area on the nonresidential plot with a minimum continuous depth of thirteen (13) feet of landscape
area along a portion of the north property line and fourteen (14) feet of landscape area along the
east property line in lieu of a minimum continuous depth of twenty-five (25) feet of landscaping
for a property that directly abuts a Residential District.
Variance Board Order —Case No. 1-B-21 Pagel 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 public hearing
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:
1. 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 a reasonable
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.
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;_ day of 4,kci, , 2021, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
MIC LLE J. GO " Z,
MAYOR
ATTEST:
AYCC J SO_N, CMC
STATE OF FLORIDA )
COUNTY OF BROWARD )
I hereby certify that on this day, before me, by means of Q physical presence or 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 aVr-'--' day of G`_P7C-"f16-R- , 2021.
My Commission Expires:
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Variance Board Order —Case No. 1-B-21 Page 3 of 3