HomeMy WebLinkAboutCity of Tamarac Board Order BO-2021-03Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
TBO:50
Above This Line for Processing Data
Space Above This Line for Recording
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
'be 2U U -- v I
HEARING DATE: December 8, 2021
CASE NO.3-B-21
IN RE: The Application of. Tamarac Water Treatment Control Bldg & Site Improvements
7803 NW 61 Street, Tamarac, Florida, 33321
Property Folio Identification Number: 4941093 100 10
Property Legal Description:
Tamarac Utilities Plat No One 101-47 B Parcel A, according to the Plat thereof, as recorded in
Plat Book 101, Page 47, of the Public Records of Broward County.
BOARD ORDER APPROVING VARIANCE
Chris Zimmerman of CPZ Architects, designated agents for the property owner, City of Tamarac
(the "Applicant") filed an application with the City of Tamarac ("City") Department of
Community Development seeking approval of the following Variances:
Variance Request 1: Section 10-2.4(B), Table 10-2.4, Code of Ordinances:
A variance from Section 10-2.4(B), Table 10-2.4, Land Development Code, to allow for a
setback requirement of Thirteen Feet Four Inches (13'4") in the Public Facilities (PF) zoning
district in lieu of a required Forty -One Foot (4l') setback in order to maintain use of existing
essential facility during construction.
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 7803 NW 61
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 December 1, 2021, and recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITION.
Variance Board Order — Case No. 3-B-21 Page 1 of 3
Following consideration of all testimony and evidence presented at the City Commission hearing
on December 8, 2021, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(IT) 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.
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 (Minor) for Tamarac Water Treatment Control Bldg & Site Improvements, Case #4-
SP-21.
Variance Board Order — Case No. 3-B-21 Page 2 of 3
This document shall be recorded in the public records of Broward, County, Florida.
r
DONE and ORDERED this,�/'I'- - day of e—Q/k �-2t� , 2021, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
C. raW5-
•E•
MAYOR
ATTEST:
JENNIEFA JOHNSO , CM
CITY CLERK
STATE OF FLORIDA )
)H
COUNTY OF BROWARD )
I hereby certify that on this day, before me, by means of Rf 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 day of �� , 2021.
MON{CABARROS
* * Commission # HH 166752
�9�►?Q.or Expires October 5, 2025
oFF� Bonded ThruBudget Notary Bervbes OTARY PUPf IC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this day ofL C. 2021.
Variance Board Order — Case No. 3-B-21 Page 3 of 3
Instr# 118495016 , Page 1 of 3, Recorded 11/01/2022 at 04:12 PM
Broward County Commission
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88' Avenue
Tamarac, Florida 33321-2401
TBO:50
This Line for Processing Data
Space Above This Line for Recording
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
2.O2-i - c S
HEARING DATE: December 8, 2021
CASE NO.3-B-21
IN RE: The Application of: Tamarac Water Treatment Control Bldg & Site Improvements
7803 NW 61 Street, Tamarac, Florida, 33321
Property Folio Identification Number: 4941093 100 10
Property Legal Description:
Tamarac Utilities Plat No One 10147 B Parcel A, according to the Plat thereof, as recorded in
Plat Book 101, Page 47, of the Public Records of Broward County.
BOARD ORDER APPROVING VARIANCE
Chris Zimmerman of CPZ Architects, designated agents for the properly owner, City of Tamarac
(the "Applicant") filed an application with the City of Tamarac ("City") Department of
Community Development seeking approval of the following Variances:
Variance Request 1: Section 10-2.4(B), Table 10-2.4, Code of Ordinances:
A variance from Section 10-2.4(B), Table 10-2.4, Land Development Code, to allow for a
setback requirement of Thirteen Feet Four Inches (13'4") in the Public Facilities (PF) zoning
district in lieu of a required Forty -One Foot (41') setback in order to maintain use of existing
essential facility during construction.
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 7803 NW 61
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 December 1, 2021, and recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITION.
Variance Board Order —Case No. 3-B-21 Page 1 of 3
Instr# 118495016 , Page 2 of 3
Following consideration of all testimony and evidence presented at the City Commission hearing
on December 8, 2021, and pursuant to Sections 2-369, 2-370, 10-5.3(G) and 10-5.3(11) 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
properly 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.
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 (Minor) for Tamarac Water Treatment Control Bldg & Site Improvements, Case 44-
SP-21.
Variance Board Order — Case No. 3-B-21 Page 2 of 3
Instr# 118495016 , Page 3 of 3, End of Document
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this ` day o k zl t-- , 2021, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
t
By:
MIC LLE J. GOME ,
MAYOR
ATTEST:
JEW4- JOUSO , CM
CITY CLERK.
STATE OF FLORIDA )
§§
COUNTY OF BROWARD )
I hereby certify that on this day, before me, by means of 0 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 ` day of 11 , 2021.
MONICABARROS
Commission # kN 166752
* Expires October 5, 2025
eoW@drfn S*&tNo rj$w n OTARY PU IC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this R day ofz (2. 2021.
Variance Board Order — Case No. 3-B-21 Page 3 of 3