Loading...
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