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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-02TBO#: 64 Prepared by and Return to: CITY OF TAMARAC 7525 NW 88t'Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - Do IN RE: The Application of: Location: Property Folio Identification Number: Property Legal Description: HEARING DATE: January 11, 2023 CASE NO. 15-13-22 Savvy Sliders - Tamarac 2400-A West Commercial Boulevard, Tamarac, Florida 33309 4942-17-04-2731 Tamarac Lakes South 62-24 B Portion of Parcel S ORDER APPROVING VARIANCE James Kinosian of Stonefield Engineering and Design, LLC, designated agent for the property owner, WC 2550-18, LLC, (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development seeking approval of the following Variance: Variance Request 15-B-22 "General Sian Requirements": Section 10-4.10(D)(3)(f)(iii), Code of Ordinances: A variance request to allow a fa4ade sign on the secondary street frontage facade (Prospect Road) for a multi -tenant building with external access to the individual bays, where no secondary facade sign is permitted by Code. Notice of the request for Special Exception approval 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 2400-A West Commercial Boulevard, Tamarac, Florida (the "Property") is located in the MU-C (Mixed -Use Corridor) Zoning District. Variance Board Order — Case No. 15-B-22 Page 1 of 4 TBO#: 64 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 December 7, 2022, and recommend to the City Commission, APPROVAL OF THE APPLICATION WITH A CONDITION. Following consideration of all testimony and evidence presented at the City Commission hearing on January 11, 2023, 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 City Commission finds as follows: 1. That special conditions and circumstances (such as topographic conditions or the narrowness, shallowness, or shape of the lot awing to the particular property for which the Variance is sought, that do o n generally apply to other property subject to the standard from which the Variance is sought. 2. The special conditions and circumstances referred to above re o)he result of the actions of the landowner. 3. Because of the special conditions and circumstances referred to above, the literal application off Co evelopment of the property for which the Variance is sought o effectively deprive the landowner of rights commonly enjoyed by other properties subject to the standard from which the Variance is sought and woul not result in unnecessary and undue hardship on the landowner. 4. The Variance woul ould t 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 Gis/.s not the minimum necessary to allow a reasonable use of the property. 6. The Varianc&is not in harmony with the general purpose and intent of this Code and preserves its spirit. 7. The Variance woul /would 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 Varianc 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 GRANTED subject to the following condition: 1. The applicant shall obtain the required permits from the City's Building Department prior to the installation of any sign. Variance Board Order —Case No. 15-B-22 Page 2 of 4 TBO#: 64 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. 15-B-22 Page 3 of 4 TBO#: 64 DONE and ORDERED this day of �Inqan�M , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA MIC ELLE J. GOM Z, MAYOR ATTEST: —�� & - KIMBERLY DILLON, 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 a�Y ip ANN MARIE:GORDONNotary Public • daCommission My Comm. Expir025Bonded through Natiossn. J rl 12023. 4Ai\/,-- NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: d� This Board Order was filed in the Office of the City Clerk on this 12 day ofj". 2023. Variance Board Order — Case No. 15-B-22 Page 4 of 4 Instr# 118674815 , Page 1 of 4, Recorded 02/13/2023 at 10:29 AM Broward County Commission Prepared by and Return to: CITY OF TAMARAC 7525 NW 88`hAvenue Tamarac, Florida33321-2401 TBO#: 64 Space Above This Line for Processing Data Above This Line for BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - UP,, HEARING DATE: January 11, 2023 CASE NO. 15-11-22 1N RE: The Application of: Savvy Sliders - Tamarac Location: 2400-A West Commercial Boulevard, Tamarac, Florida 33309 Property Folio Identification Number: 4942-17-04-2731 Property Legal Description: Tamarac Lakes South 62-24 B Portion of Parcel S ORDER APPROVING VARIANCE James Kinosian of Stonefield Engineering and Design, LLC, designated agent for the property owner, WC 2550-18, LLC, (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development seeking approval of the following Variance: Variance Request 15-B-22 "General Sign Requirements": Section 104.1.0(1))(3)(f)(iii), Code of Ordinances: A variance request to allow a facade sign on the secondary street frontage facade (Prospect Road) for a multi -tenant building with external access to the individual bays, where no secondary facade sign is permitted by Code. Notice of the request for Special Exception approval 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 2400-A West Commercial Boulevard, Tamarac, Florida (the "Property") is located in the MU-C (Mixed -Use Corridor) Zoning District. Variance Board Order — Case No. 15-B-22 Page] of 4 Instr# 118674815 , Page 2 of 4 TBO#:64 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 December 7, 2022, and recommend to the City Commission, APPROVAL OF THE APPLICATION WITH A CONDITION. Following consideration of all testimony and evidence presented at the City Commission hearing on January 11, 2023, and pursuant to Sections 2-364, 2-370, 10-5.3(G) and 10-5.3(H) of the City of Tamarac Code of Ordinances, the City Commission finds as follows: l . That special conditions and circumstances (such as topographic conditions or the narrowness, shallowness, or shape of the lot azning to the particular property for which the Variance is sought, that do o n generally apply to other property subject to the standard from which the Variance is sought. 2. The special conditions and circumstances referred to above re of he result of the actions of the landowner. 3. Because of the special conditions and circumstances referred to above, the literal application omfCo evelopment of the property for which the Variance is sought o effectively deprive the landowner of rights commonly enjoyed by other properties subject to the standard from which the Variance is sought and woul not result in unnecessary and undue hardship on the landowner. 4. The Variance woul ould at confer any special privilege on the Iandowner 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 ISIS not the minimum necessary to allow a reasonable use of the property. 6. The Variancis not in harmony with the general purpose and intent of this Code and preserves its spirit. 7. The Variance wool would 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 Varianceis 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 GRANTED subject to the following condition: The applicant shall obtain the required permits from the City's Building Department prior to the installation of any sign. Variance Board Order — Case No. 15-B-22 Page 2 of 4 Instr# 118674815 , Page 3 of 4 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, I 5-B-22 Page 3 of 4 Instr# 118674815 , Page 4 of 4, End of Document :OT-WISA DONE and ORDERED this t day of v&rnc.tqp(71 , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA , h/ MIC h,L' LE J. GOM Z, MAYOR ATTEST: i `^ _ '4R. KIMBERLY DILLON, 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 art UL , 2023. - W "ti ANN MARIE GORDON "y„'_ Notary Public - State of Florida My comm'sExptres Feb 22 g2025 Bonded through National Notary Assn. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: J4 This Board Order was filed in the Office of the City Clerk on this L. day of _ 2023. Variance Board Order - Case No. 15-B-22 Page 4 of 4