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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