HomeMy WebLinkAboutCity of Tamarac Board Order BO-2022-04TBO#: 58
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
)ace Above This Line for Recordin
FINAL BOARD ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 — _Ol
HEARING DATE: September 7, 2022
CASE NO. 10-B-22 & I1-11-22
IN RE: The Application of: Sonny's The Carwash Factory
Location: 5870 N. Hiatus Road, Tamarac, Florida 33321
Property Folio Identification Number: 494107100042
Property Legal Description: WESTPOINT SECTION 7 PLAT POR OF TRACTS
A & D,DESC AS COMM SE COR OF SE 1/4 SEC 7-
49-41 W 107.88,N 60,W 392.20,NW 200.36 W
300,NW 49.39,N 294.92,NLY 5.08 N 101.30,NLY
264.97 TO POB,NLY 50.02,SW 12,NLY 96.97,NLY
141.91 NW 100.92,NLY 205,NE 42.40,ELY 403.43,S
535.38,W 225.14,SW 99.33 TO POB
AKA:WESTPOINT BUSINESS PARK
BOARD ORDER APPROVING/DENYING VARIANCE
Jennifer Ronneburger, designated agent for the property owner, Westpoint Business Center, LLC
(the "Applicant") filed an application with the City of Tamarac ("City") Department of
Community Development seeking approval of the following Variances:
Variance Board Order — Case No. 10-13-22 & 11-B-22 Pagel of 3
TBO#: 58
Variance Request 1 "North Elevation Sizn 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-two (42) inches in lieu of the permitted maximum
of nineteen (19) inches.
Variance Request 2 "North Elevation Simn I": Section 10-4.10(F)(14), Code of Ordinances:
A variance from Section 10-4.10(F)(14) to allow for the installation of a forty-two (42)
inch logo as part of a fagade sign in lieu of the maximum permitted character or graphic height of
nineteen (19) inches.
Variance Request 3 "Northwest Elevation Sign 2": 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 forty-two (42) inches in lieu of the permitted maximum of
twenty-seven (27) inches.
Variance Request 4 "Northwest Elevation Sign 2": Section 10-4.10(F)(14), Code of
Ordinances:
A variance from Section 10-4.10(F)(14) to allow for the installation of a forty-two (42)
inch logo as part of a fagade sign in lieu of the maximum permitted character or graphic height of
twenty-seven (27) inches.
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 5870 N. Hiatus
Road, 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 September 7, 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 September 14, 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/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/are not the
result of the actions of the landowner.
Variance Board Order — Case No. 10-B-22 & 11-B-22 Page 2 of 3
TBO#: 58
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/would not effectively deprive the landowner of rights
commonly enjoyed by other properties subject to the standard from which the
Variance is sought and would/not result in unnecessary and undue hardship on the
landowner.
4. The Variance would/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/is not the minimum necessary to allow a
reasonable use of the property.
6. The Variance is/is not in harmony with the general purpose and intent of
this Code and preserves its spirit.
7. The Variance would/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/is not 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 GRANTE OT
GRANTED subject to the following conditions:
1. The applicant shall obtain the required permits from the City's Building
Department prior to the installation of any sign.
This document shall be recorded in the public records of Broward, County, Florida.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Variance Board Order — Case No. 10-B-22 & 11-B-22 Page 3 of 3
TBO#: 58
DONE and ORDERED this day of S�PTt i-A l (mot✓ /L , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
— 1.4;e . dA
MICH LLE J. GOMEZ,
MAYOR
ATTEST:
KlMBERfY DIL:LON, CMC
CITY CLERK
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 � 11 day of S 1 (� (2 _ , 2022.
NOTARY PUBLIC, STATE OF FLORIDA
1►�r ► ANN MARIE GOR60N
M Commission Expires: '_ i rotary Public - State of Florida
y p n Commission - NN 095695
My Comm. Expires :eo 22. 2025
Bonded through National Notary Assn.
This Board Order was filed in the Office of the City Clerk on this W%ay of202?
Variance Board Order — Case No. 10-B-22 & 11-B-22 Page 4 of 3
Instr# 118495014 , Page 1 of 4, Recorded 11/01/2022 at 04:12 PM
Broward County Commission
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 881 Avenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 - 4
for
TBO#: 58
HEARING DATE: September 7, 2022
CASE NO. 10-B-22 & 11-B-22
IN RE: The Application of: Sonny's The Carwash Factory
Location: 5870 N. Hiatus Road, Tamarac, Florida 33321
Property Folio Identification Number: 494107100042
Property Legal Description: WESTPOINT SECTION 7 PLAT POR OF TRACTS
A & D,DESC AS COMM SE COR OF SE 1/4 SEC 7-
49-41 W 107.88,N 60,W 392.20,NW 200.36 W
300,NW 49.39,N 294.92,NLY 5.08 N 101.30,NLY
264.97 TO POB,NLY 50.02,SW 12,NLY 96.97,NLY
141.91 NW 100.92,NLY 205,NE 42.40,ELY 403.43,S
535.38,W 225.14,SW 99.33 TO POB
AKA:WESTPOINT BUSINESS PARK
BOARD ORDER APPROVING/DENYING VARIANCE
Jennifer Ronneburger, designated agent for the property owner, Westpoint Business Center, LLC
(the "Applicant") filed an application with the City of Tamarac ("City") Department of
Community Development seeking approval of the following Variances:
Variance Board Order — Case No. I 0-B-22 & I I -B-22 Page I of 3
Instr# 118495014 , Page 2 of 4
TBO#: 58
Variance Request 1 "North Elevation Sien 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-two (42) inches in lieu of the permitted maximum
of nineteen (19) inches.
Variance Request 2 "North Elevation Sign I": Section 10-4.10(F)(14), Code of Ordinances:
A variance from Section 10-4.10(F)(14) to allow for the installation of a forty-two (42)
inch logo as part of a facade sign in lieu of the maximum permitted character or graphic height of
nineteen (19) inches.
Variance Request 3 "Northwest Elevation Sign 2": 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 forty-two (42) inches in lieu of the permitted maximum of
twenty-seven (27) inches.
Variance Request 4 "Northwest Elevation Sign 2": Section 10-4.10(F)(14), Code of
Ordinances:
A variance from Section 10-4.10(F)(14) to allow for the installation of a forty-two (42)
inch logo as part of a fagade sign in lieu of the maximum permitted character or graphic height of
twenty-seven (27) inches.
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 5870 N. Hiatus
Road, 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 September 7, 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 September 14, 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/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/are not the
result of the actions of the landowner.
Variance Board Order — Case No. 10-B-22 & I I -B-22 Page 2 of 3
Instr# 118495014 , Page 3 of 4
TBO#: 58
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/would not effectively deprive the landowner of rights
commonly enjoyed by other properties subject to the standard from which the
Variance is sought and would/not result in unnecessary and undue hardship on the
landowner.
4. The Variance would/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/is not the minimum necessary to allow a
reasonable use of the property.
6. The Variance is/is not in harmony with the general purpose and intent of
this Code and preserves its spirit.
7. The Variance would/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/is not 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 GRANTEOT
GRANTED subject to the following conditions:
1. The applicant shall obtain the required permits from the City's Building
Department prior to the installation of any sign.
This document shall be recorded in the public records of Broward, County, Florida.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Variance Board Carder — Case No. 10-B-22 & 11-B-22 Page 3 of 3
Instr# 118495014 , Page 4 of 4, End of Document
fflsf-•-*
DONE and ORDERED this _: day of Z_ , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
MICH LLE J. GOMEZ,
MAYOR
ATTEST:
KIMBERf,Y D ILLON, CMC
CITY CLERK
STATE OF FLORIDA )
COUNTY OF BROWARD )
I hereby certify that on this day, before me, by means of Q physical presence or O 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 15day of
NOTARY PUBLIC, STATE OF FLORIDA
El�
ANN MARIE GOROON
My Commission Expires: _ Notary Public - state of Florida
Commission -- HH 095695
My Comm. Expires Feb 22. 2025
neee through National Notary Assn.
---------- I
This Board Order was filed in the Office of the City Clerk on this IS" -day of-�2Q2?
Variance Board Order - Case No. 10-B-22 & 11-B-22 Page 4 of 3