HomeMy WebLinkAboutCity of Tamarac Board Order BO-2022-03TBOW 56
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 N W 88`h Avenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
Line
FINAL BOARD ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 - C3
HEARING DATE: August 24, 2022
CASE NO. 10-B-22
IN RE: The Application of: Caporella Park
Location: 5200 Prospect Road, Tamarac, Florida 33309
Property Folio Identification Number: 494217000110
Property Legal Description: 17-49-42 S1/2 OF NW1/4 OF SE1/4 OF NEIA LESS
RD AKA: PART CAPORELLA PARK
COMMISSION ORDER GRANTING/GRANTING WITH
CONDITIONS/DENYING VARIANCE
Abbas Zackria, designated agent 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 Variance:
Variance Request: 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
minimum side, interior, setback of nine (9) feet in a Recreation (RC) Zoning District for a 1,200
square foot Restroom, Concession, and IT Room Building containing a four (4) foot wide roof
eave and associated mechanical equipment in lieu of a minimum side, interior, setback of twenty-
five (25) required in a Recreation (RC) Zoning District.
Variance Board Order —Case No. 10-13-22 Page 1 of 3
TBO#: 56
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 5200 Prospect
Road, Tamarac, Florida (the "Property") is located in the (RC), Recreation Zoning District.
Pursuant to the authority contained in Section 10-5.4(Q) of the City of Tamarac Code of
Ordinances, the Planning Board reviewed the application, held a quasi-judicial public hearing on
August 3, 2022, and recommend to the City Commission, APPROVAL/DENIAL OF THE
APPLICATION WITH CONDITIONS.
Following consideration of all testimony and evidence presented at the City Commission hearing
on August 24, 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.
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/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 does/does not preserve 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
Variance Board Order —Case No. 10-B-22 Page 2 of 3
TBOW 56
GRANTED/GRANTED WITH CONDITIONS/NOT GRANTED subject to the following
condition:
1. Approval of the variance is contingent upon approval of the application for Site
Plan (Minor) Caporella Park, Case #1-SP-22.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this A L"�day of A404tAs� , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
MICH LE J. GOMEZ,
MAY R
ATTEST:
.. A . il y (A " ~L—
KIMBERLY IbILLON, 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 ❑ 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 J `� uts?' 2022.
E
ANN MARIE CORDONotary'�oiic • St'te of Florid'Commission ; HH 045695Co m, EMaires Feb 21, 1015throuth National NotAry Assn
My Commission Expires:
-41AAlh't,
NOTARY PUBLIC, STATE OF FLORIDA
This Order was filed in the Office of the City Clerk on this RE day ofP'`,Ju5202'0�
Variance Board Order — Case No. 10-B-22 Page 3 of 3
Instr# 118494958 , Page 1 of 3, Recorded 11/01/2022 at 04:03 PM
Broward County Commission
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 N W 88"' Avenue
Tamarac, Florida 33321-2401
TBO#: 56
Above This Line for Processing Data
)ace Above This Line liu Recordin
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2022— C3
HEARING DATE: August 24, 2022
CASE NO. 10-13-22
IN RE: The Application of. Caporella Park
Location: 5200 Prospect Road, Tamarac, Florida 33309
Property Folio Identification Number: 494217000110
Property Legal Description: 17-49-42 S1/2 OF NWl/4 OF SETA OF NE1/4 LESS
RD AKA: PART CAPORELLA PARK
COMMISSION ORDER GRANTING/GRANTING WITH
CONDITIONS/DENYING VARIANCE
Abbas Zackria, designated agent 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 Variance:
Variance Request: 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
minimum side, interior, setback of nine (9) feet in a Recreation (RC) Zoning District for a 1,200
square foot Restroom, Concession, and IT Room Building containing a four (4) foot wide roof
eave and associated mechanical equipment in lieu of a minimum side, interior, setback of twenty-
five (25) required in a Recreation (RC) Zoning District.
Variance Board Order — Case No. I O-B-22 Page 1 of 3
Instr# 118494958 , Page 2 of 3
TBO#: 56
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 5200 Prospect
Road, Tamarac, Florida (the "Property") is located in the (RC), Recreation Zoning District.
Pursuant to the authority contained in Section 10-5.4(Q) of the City of Tamarac Code of
Ordinances, the Planning Board reviewed the application, held a quasi-judicial public hearing on
August 3, 2022, and recommend to the City Commission, APPROVAL/DENIAL OF THE
APPLICATION WITH CONDITIONS.
Following consideration of all testimony and evidence presented at the City Commission hearing
on August 24, 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.
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/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 does/does not preserve 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.
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
Variance Board Order — Case No. 10-B-22 Page 2 of 3
Instr# 118494958 , Page 3 of 3, End of Document
TBO#: 56
GRANTED/GRANTED WITH CONDITIONS/NOT GRANTED subject to the following
condition:
1. Approval of the variance is contingent upon approval of the application for Site
Plan (Minor) Caporella Park, Case #1-SP-22.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this t% day of RXCc Ll, ( , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
MICH LE J. GOMEZ,
MAY R
ATTEST:
KIMBERLY ILLON, 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 ' day of .rl -u vc.S-T )2022.
E
ann MARIE GOROONNotary ?colic - State of Floridao�f j�'. Comrrissioo : HH 095695
My Comm. Eaaires Feb 22. 2025
5onCeQ throuth Vational notary Assn•
--Now
My Commission Expires:
IIamtai---
NOTARY PUBLIC, STATE OF FLORIDA
This Order was filed in the Office of the City Clerk on this�day of4,�u5 202 o`L.
Variance Board Order - Case No. 10-B-22 Page 3 of 3