HomeMy WebLinkAboutCity of Tamarac Board Order BO-2022-02TBO#: 52
Prepared by and Return to:
• City Attorney
CITY OF TAMARAC
7525 NW 88U'Avenue
Tamarac, Florida 33321-2401
•
•
Above This Line for Processing Data
)ace Above This Line for Recordin
FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 — 0 P-
IN RE: The Application of:
Location:
Property Folio Identification Number:
Property Legal Description:
HEARING DATE: April 27, 2022
CASE NO. 1-B-22, 2-B-22, 3-B-22, 4-B-22,
5-B-22
Bowlero Tamarac
8501 N. University Drive, Tamarac, Florida 33321
494104240010
TAMARAC LANES 85-31 B PARCEL A
ORDER APPROVING/DENYING VARIANCE
Barr Commercial Construction, Inc., designated agents for the property owner, IStar Bowling
Centers LP (the "Applicant") filed an application with the City of Tamarac ("City") Department
of Community Development seeking approval of the following Variances:
Variance Request 1 "East Elevation Sign I": Section 10-4.10(E)(2)(a), Table 10-4.12, Code
of Ordinances:
A variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Fagade Sign Standards, to allow
for a total fagade (character) sign height of forty-eight (48) inches in lieu of the permitted
maximum of thirty-three (33) inches.
Variance Request 2 "East Elevation Sign 2": (i) Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
Variance Board Order — Case No. 1-B-22 thru 5-B-22 Pagel of 3
TBO#: 52
A variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Facade Sign Standards, to allow •
for a total graphic (logo) sign height of sixty (60) inches in lieu of the permitted maximum of
thirty-four (34) inches.
Variance Request 2 "East Elevation Sign 2": (ii) Section 10-4.10(D)(3)(g)(i), Code of
Ordinances
A Variance from Section 10-4.10(1))(3)(g)(i), Land Development Code, to allow for more
than one (1) sign per fagade to break up the large expanses of fagade surface area.
Variance Request 2 "East Elevation Sign 2": (iii) Section 10-4.10(E)(2)(b)(viii), Code of
Ordinances:
A Variance from Section 104.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation Sign I "
facing North University.
Variance Request 3 "North Elevation Sign 3": (i) Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
A Variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Facade Sign Standards, to allow
for a total fagade (character) sign height of one hundred and eight (108) inches in lieu of the
permitted maximum of twenty-four (24) inches. •
Variance Request 3 "North Elevation Sign 3": (ii) Section 10-4.10(E)Q)(b)(viii), Code of
Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation Sign I "
facing North University.
Variance Request 4 "West Elevation Sign 4": (i) Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
A Variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Facade Sign Standards, to allow
for a total graphic (logo) sign height of seventy-two (72) inches in lieu of the maximum of eighteen
(18) inches, as this elevation is not facing a Right -of -Way.
Variance Request 4 "West Elevation Sign 4": (ii) Section 104.10(D)O)W(i), Code of
Ordinances_
A Variance from Section 104.10(1))(g)(i), Land Development Code, to allow for more
than one (1) sign per facade to break up the large expanses of fagade surface area on a non -frontage
facing fagade.
Variance Request 4 "West Elevation Sign 4": (iii) Section 104.10(E)(2)(b)(viii), Code of •
Ordinances:
Variance Board Order — Case No. 1-B-22 thru 5-B-22 Page 2 of 3
TBO#: 52
is different
Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation Sign 1 "
facing North University.
Variance Request 5 "South Elevation Sian S"• (i) Section 10-4 10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Table 10-4.12, Fagade Sign Standards, to
allow for a total graphic (logo) sign height of ninety-six (96) inches in lieu of the maximum of
eighteen (18) inches, as this elevation is not facing a Right -of -Way.
Variance Request 5 "South Elevation Sian S": (ii) Section 104.10(1))(3)(166), Code of
Ordinances
A Variance from Section 10-4.10(1))(g)(i), Land Development Code, to allow for more
than one (1) sign per fagade to break up the large expanses of fagade surface area on a non -frontage
facing fagade.
Variance Request 5 "South Elevation Sian S": (iii) Section 10-4.10(E)(2)(b)(viii), Code of
Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
• different facade sign design than the sign design on the primary frontage, "East Elevation Sign 1 "
facing North University.
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 8501 N.
University Drive, Tamarac, Florida (the "Property") is located in the (MU-C), Mixed -Use Corridor
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 April 6, 2022, 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 April 27, 2022, 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.
Variance Board Order — Case No. I -B-22 thru 5-B-22 Page 3 of 3
TBO#: 52
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 RANTS OT •
GRANTED subject to the following conditions:
1. Approval of the variance is contingent upon approval of the application for Site
Plan (Minor) for Sawgrass Lanes - Landscape Improvements & Site Improvements, Case
#3-SP-22.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this �� day of -�cPP -i L, , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
MICHE LE J. GOMEZ,
MAYOR
ATTEST:
jl�l�( / ��
JE ER JOH(KSO—,C&4C •
CITY CLERK
Variance Board Order — Case No. 1-B-22 thru 5-B-22 Page 4 of 3
TBO#: 52
r�
STATE OF FLORIDA )
)H
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 day of I k p�) L, , 2022.
r'i►Fr pri' .. ANN MARIE GORDON
��`, Notary Public - State of Florida
Commission 3 HH 0 55695
ry? os r� My Comm. Expires Feb 22, 2025
Bonded through National Notary Assn.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires: pvptlzJ
. This Order was filed in the Office of the City Clerk on this a7 day of 20224.,
•
Variance Board Order — Case No. 1-B-22 thru 5-B-22 Page 5 of 3
Instr# 118110105 , Page 1 of 5, Recorded 04/28/2022 at 12:30 PM
Broward County Commission
:7
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 881hAvenue
Tamarac, Florida 33321-2401
TBO#:52
Above This Line for Processing Data
)ace Above This Line for Recordin
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 —
HEARING DATE: April 27, 2022
CASE NO. 1-B-22, 2-B-22, 3-B-22, 4-B-22,
5-B-22
IN RE: The Application of: Bowlero Tamarac
Location: 8501 N. University Drive, Tamarac, Florida 33321
Property Folio Identification Number: 494104240010
Property Legal Description: TAMARAC LANES 85-31 B PARCEL A
ORDER APPROVING/DENYING VARIANCE
Barr Commercial Construction, Inc., designated agents for the property owner, IStar Bowling
Centers LP (the "Applicant") filed an application with the City of Tamarac ("City") Department
of Community Development seeking approval of the following Variances:
Variance Request 1 "East Elevation Sign I": Section 10-4.10(E)(2)(a), Table 10-4.12, Code
of Ordinances:
A variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Fagade Sign Standards, to allow
for a total fagade (character) sign height of forty-eight (48) inches in lieu of the permitted
maximum of thirty-three (33) inches.
Variance Request 2 "East Elevation Sien 2": (i) Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
Variance Board Order - Case No. I-B-22 thru 5-B-22 Page I of 3
Instr# 118110105 , Page 2 of 5
TBO#: 52
A variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Facade Sign Standards, to allow
for a total graphic (logo) sign height of sixty (60) inches in lieu of the permitted maximum of
thirty-four (34) inches.
Variance Request 2 "East Elevation Sign 2": (ii) Section 10-4.10(D)(3)(R)(i), Code of
Ordinances:
A Variance from Section 10-4.10(1))(3)(g)(i), Land Development Code, to allow for more
than one (1) sign per fagade to break up the large expanses of fagade surface area.
Variance Request 2 "East Elevation Sign 2": (iii) Section 104.10(E)(2 M(viii), Code of
Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation Sign 1 "
facing North University.
Variance Request 3 "North Elevation Sign 3": W Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
A Variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Fagade Sign Standards, to allow
for a total fagade (character) sign height of one hundred and eight (108) inches in lieu of the
permitted maximum of twenty-four (24) inches. •
Variance Request 3 "North Elevation Sign 3": (ii) Section 10-4.10(E)(2)(b)(viii), Code of
Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation .Sign I "
facing North University.
Variance Request 4 "West Elevation Sign 4": (i) Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
A Variance from Section 10-4.10(E)(2)(a), Table 10-4.12, Fagade Sign. Standards, to allow
for a total graphic (logo) sign height of seventy-two (72) inches in lieu of the maximum of eighteen
(18) inches, as this elevation is not facing a Right -of -Way.
Variance Request 4 "West Elevation Sign 4": (iii Section 1.0-4.10(D)(3)(g)(i), Code of
Ordinances:
A Variance from Section 10-4.10(D)(g)(i), Land Development Code, to allow for more
than one (1) sign per fagade to break up the large expanses of fagade surface area on a non -frontage
facing fagade.
Variance Request 4 "West Elevation Sign 4": (iii) Section 10-4.10(E)(2)(b)(viii), Code of •
Ordinances:
Variance Board Order — Case No. I -B-22 thru 5-B-22 Page 2 of 3
Instr# 118110105 , Page 3 of 5
TBO#:52
• A Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation Sign I
facing North University.
Variance Request 5 "South Elevation Sign S": (i) Section 10-4.10(E)(2)(a), Table 10-4.12,
Code of Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Table 10-4.12, Fagade Sign Standards, to
allow for a total graphic (logo) sign height of ninety-six (96) inches in lieu of the maximum of
eighteen (18) inches, as this elevation is not facing a Right -of -Way.
Variance Request 5 "South Elevation Sign 5": 00 Section 10-4.10(D)(3)(g)(i), Code of
Ordinances:
A Variance from Section 104.10(1))(g)(i), Land Development Code, to allow for more
than one (1) sign per fayade to break up the large expanses of fagade surface area on a non -frontage
facing facade.
Variance Request 5 "South Elevation Sign S": (iii) Section 10-4.10(E)(2)(b)(viii), Code of
Ordinances:
A Variance from Section 10-4.10(E)(2)(b)(viii), Land Development Code, to allow for a
different fagade sign design than the sign design on the primary frontage, "East Elevation Sign 1 "
facing North University.
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 8501 N.
University Drive, Tamarac, Florida (the "Property") is located in the (MU-C), Mixed -Use Corridor
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 April 6, 2022, 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 April 27, 2022, 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.
Variance Board Order — Case No. 1-B-22 thru 5-B-22 Page 3 of 3
Instr# 118110105 , Page 4 of 5
TBO#: 52
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 RAN E�)r 'NOT
GRANTED subject to the following conditions: 0
1. Approval of the variance is contingent upon approval of the application for Site
Plan (Minor) for Sawgrass Lanes - Landscape Improvements & Site Improvements, Case
#3-SP-22.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this � day of 74iP2I L - , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By: _
MICHE LE J. GOMEZ,
MAYOR
ATTEST:
! -4� t ! 1 OL14- `—
JE ER JOIHXSOI; CMC •
CITY CLERK
Variance Board Order — Case No. I-B-22 thru 5-B-22 Page 4 of 3
Instr# 118110105 , Page 5 of 5, End of Document
TBO#: 52
STATE OF FLORIDA )
)H
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 day of ! v t �_ i C_..- 12022.
------------
ANN MARIE GOROON
Notary Public -State of Florida
j� Commission HN 095695
My Comm. Expires Feb 22. -2025
Bonded through National Notary Assn.
My Commission Expires: C Kuft� --4-'ae
NOTARY PUBLIC, STATE OF FLORIDA
. This Order was filed in the Office of the City Clerk on this �� day of 2022-
0
Variance Board Order — Case No. 1-B-22 thru 5-B-22 Page 5 of 3