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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