HomeMy WebLinkAboutCity of Tamarac Board Order BO-2022-08TBO#: 55
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88'hAvenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
Space Above This Line for Recording
FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO-2022-()5
IN RE: The Application of:
Location:
Property Folio Identification Number:
Property Legal Description:
HEARING DATE: December 14, 2022
CASE NO. 8-13-22
Cali Coffee - McNab
7775 West McNab Road, Tamarac, Florida 33321
4941-04-76-0010
MCNAB MARKETPLACE 169-10 B PARCEL A
ORDER APPROVING VARIANCE
J. Keith Shelton of Noriker Capital RE, LLC, designated agent for the property owner, McNab
Marketplace Land Tr Trans Global Financial, LLC (the "Applicant") filed an application with the
City of Tamarac Department of Community Development ("City") seeking approval of the
following Variance:
Variance Request 8-B-22 "Buffer Wall": Section 10-4.4(1))(3)(c)(ii), Code of Ordinances:
A variance requesting relief from Section 10-4.4(1))(3)(c)(ii), for the requirement of
providing a new solid masonry buffer wall along the rear property line abutting a residentially
zoned property.
Notice of the request for the Variance was given pursuant to Chapter 2, Article X and
Chapter 10, Section 10-5.3(F) of the City of Tamarac Code of Ordinances. The City Commission
of the City of Tamarac ("Commission") has identified that the property located at 7775 West
McNab Road, Tamarac, Florida (the "Property") is located in the MU-C (Mixed -Use Corridor)
Zoning District.
Variance Board Order — Case No. 8-B-22 Page I of 4
TBO#: 55
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 recommended 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 28, 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 existence/lack of 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 a special privilege on the landowner
that is/is not denied by law to other similarly situated properties subject to the
standard from which the Variance is sought.
5. The extent of the requested 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 herebGMRANTEDJNOT
GRANTED subject to the following conditions:
Variance Board Order — Case No. 8-B-22 Page 2 of 4
TBO#: 55
1. Approval of the Site Plan Approval (Major), Case No. 12-SP-21, to allow for the
development of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.)
building with the addition of a drive -through lane and related infrastructure for a proposed
restaurant, Cali Coffee.
2. Approval of the Special Exception, Case No. 2-Z-22, to allow for the use of a
restaurant with the addition of a drive -through lane and related infrastructure in the MU-C
(Mixed -Use Corridor) zoning district, pursuant to Section 10-3.2, Table 10-3.1 in the Land
Development Code.
3. Additional Planning Board Condition: Work with adjacent property owner to the
North (Academy Hills H.O.A.) to improve wall conditions.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this day of �� , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
.�
By:
MICHE LE J. GOMEZ,
MAYOR
ATTEST:
KTMBFR1,V DILLON, CMC
CITY CLERK
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Variance Board Order — Case No. 8-B-22 Page 3 of 4
TBO#: 55
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.
—+k
Sworn to and subscribed before me this /S day of �GC� lbb , 2022.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires: aid% aoxs
This Board Order was filed in the Office of the City Clerk on this day of 202_.
IE GORDON
State of Florida»
z*I 095695res Feb 22. 2025Bononal
=through
Notary Assn.
Variance Board Order — Case No. 8-B-22 Page 4 of 4
Instr# 118595340 , Page 1 of 4, Recorded 12/29/2022 at 08:51 AM
Broward County Commission
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 881Avenue
Tamarac, Florida 33321-2401
Above This cane for Processing data
TBO#: 55
Space Above This Line for Recording
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2022 - 0
HEARING DATE: December 1.4, 2022
CASE NO. 8-11-22
IN RE: The Application of: Cali Coffee - McNab
Location: 7775 West McNab Road, Tamarac, Florida 33321
Property Folio Identification Number: 4941-04-76-001.0
Property Legal Description: MCNAB MARKETPLACE 169-10 B PARCEL A
J. Keith Shelton of Noriker Capital RE, LLC, designated agent for the property owner, McNab
Marketplace Land Tr Trans Global Financial, LLC (the "Applicant") filed an application with the
City of Tamarac Department of Community Development ("City") seeking approval of the
following Variance:
Variance Request 8-B-22 `Buffer Wall": Section 104.4(1))(3)(c)(ii), Code of Ordinances:
A variance requesting relief from Section 104.4(1))(3)(c)(ii), for the requirement of
providing a new solid masonry buffer wall along the rear property line abutting a residentially
zoned property.
Notice of the request for the Variance was given pursuant to Chapter 2, Article X and
Chapter 10, Section 10-5.3(F) of the City of Tamarac Code of Ordinances. The City Commission
of the City of Tamarac ("Commission") has identified that the property located at 7775 West
McNab Road, Tamarac, Florida (the "Property") is located in the MU-C (Mixed -Use Corridor)
Zoning District.
Variance Board Order — Case No. 8-B-22 Page I of 4
Instr# 118595340 , Page 2 of 4
TBO#: 55
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 recommended 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 28, 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 existence/lack of 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 a special privilege on the landowner
that is/is not denied by law to other similarly situated properties subject to the
standard from which the Variance is sought.
5. The extent of the requested 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 hereb!(GTFN—T-E—AJNOT
GRANTED subject to the following conditions:
Variance Board Order — Case No. 8-B-22 Page 2 of 4
Instr# 118595340 , Page 3 of 4
TBO#: 55
1. Approval of the Site Plan Approval (Major), Case No. 12-SP-21, to allow for the
development of a new one (1) story, one thousand five hundred square foot (1,500 sq.ft.)
building with the addition of a drive -through lane and related infrastructure for a proposed
restaurant, Cali Coffee.
2. Approval of the Special Exception, Case No. 2-Z-22, to allow for the use of a
restaurant with the addition of a drive -through lane and related infrastructure in the MU-C
(Mixed -Use Corridor) zoning district, pursuant to Section 10-3.2, Table 10-3.1 in the Land
Development Code.
3. Additional Planning Board Condition: Work with adjacent property owner to the
North (Academy Hills H.O.A.) to improve wall conditions.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this j day oft✓,CC-1 /--{L-- , 2022, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
By:
MICHE LE J. GOMEZ,�
MAYOR
ATTEST:
----
K BEON, CMC
CITY CLERK
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Variance Board Order — Case No. 8-B-22 Page 3 of 4
Instr# 118595340 , Page 4 of 4, End of Document
TBO#: 55
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 is dayof , 2022.
-7m a k—
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires; kj,� r"ot as
This Board Order was filed in the Office of the City Clerk on this
y
E GORDONState
of FloridaCommresebsior
4; �22,p2025ooai
=NVOCal
Notary Assn.
day of 202_.
Variance Board Order - Case No. 8-B-22 Page 4 of 4