Loading...
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