HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-03W067M:V
Prepared by and Return to:
CITY OF TAMARAC
7525 NW 881Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
we This Line for Recordin
FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 - 93
IN RE: The Application of:
Location:
Property Folio Identification Number:
Property Legal Description:
HEARING DATE: January 11, 2023
CASE NO. 16-B-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 16-B-22 "Vehicular Use Area Landscaping": Section 10-4.4(D)(5)(a)(ii),
Code of Ordinances:
A variance request to allow a width of 0.84 ft. of landscaping, from an existing 1.97 ft.,
measured from the property line to the closest parking stall in lieu of 15 ft. as required by Code
and to allow a width of 21.11 ft. in lieu of the required 25 ft. measured from the property line
to the parallel interior drive aisle, excluding egress and ingress drives, as required 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
Variance Board Order — Case No. 16-B-22 Page I of 4
TBO#: 65
2400-A West Commercial Boulevard, 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 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 ertaming to the particular
property for which the Variance is sought, that d do not enerally apply to other
property subject to the standard from which the Variance is sought.
2. The special conditions and circumstances referred to above are he
result of the actions of the landowner.
3. Because of the special conditions and circumstances referred to above, the
literal application of Code to development of the property for which the
Variance is sought oul would not effectively deprive the landowner of rights
commonly enj oye#ther,, properties subject to the standard from which the
Variance is sought anoul 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 er similarly situated properties subject to the
standard from which the Variance is sought.
5. The extent of the Variance(q) not the minimum necessary to allow a
reasonable use of the property.
6. The Variance/is not in harmony with the general purpose and intent of
this Code and preserves its spirit.
7. The Variance woul would t 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/ s 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:
Variance Board Order — Case No. 16-B-22 Page 2 of 4
TBO#: 65
1. Approval of the Interdepartmental Review of the Site Plan Approval (Minor), Case
No. 9-SP-22, to allow for the modification of an existing parking lot, landscaping,
and exterior faVade.
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. 16-B-22 Page 3 of 4
TBO#: 65
DONE and ORDERED this ) 11'6�day of 'kArIUA , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
lie
MIC ELLE J. GOME ,
MAYOR
ATTEST:
KIMBERLLLON, 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
ANN MARIE GORDON
?�+ Notary Public - State of Florida
` Commission : HH 095695
'f oc moo?: My Comm. Expires Feb 22. 2025
Bonded through Nationai Notary Assn.
day of JQ 11 U-O y � 92023.
NOTARY PUBLIC, STATE OF F> ORIDA
My Commission Expires: a I -)-a 1 2-�
This Board Order was filed in the Office of the City Clerk on this iZ day of , 202.
Variance Board Order — Case No. 16-B-22 Page 4 of 4
Instr# 118674824 , Page 1 of 4, Recorded 02/13/2023 at 10:30 AM
Broward County Commission
Prepared by and Return to:
CITY OF TAMARAC
7525 NW 881 Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
)ace Above Fhis Line for Recordin
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO - 2023 - Q 3
IN RE: The Application of:
Location:
Property Folio Identification Number:
Property Legal Description:
IfrwreI�i,W,
HEARING DATE: January 11, 2023
CASE NO. 16-B-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 16-B-22 "Vehicular Use Area Landscaping": Section 10-4.4(1))(5)(a)(ii),
Code of Ordinances:
A variance request to allow a width of 0.84 ft. of landscaping, from an existing 1.97 ft.,
measured from the property line to the closest parking stall in lieu of 15 ft. as required by Code
and to allow a width of 21.11 ft. in lieu of the required 25 ft. measured from the property line
to the parallel interior drive aisle, excluding egress and ingress drives, as required 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
Variance Board Order - Case No. 16-B-22 Page] of 4
Instr# 118674824 , Page 2 of 4
TBO#: 65
2400-A West Commercial Boulevard, 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 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:
l . That special conditions and circumstances (such as topographic conditions
or the narrowness, shallowness, or shape of the lot ertaining to the particular
property for which the Variance is sought, that d do not enerally apply to other
property subject to the standard from which the Variance is sought.
2. The special conditions and circumstances referred to above are�t)the
result of the actions of the landowner.
3. Because of the special conditions and circumstances referred to above, the
literal application of is- Cade to development of the property for which the
Variance is sought oul would not effectively deprive the landowner of rights
commonly enjoye y of properties subject to the standard from which the
Variance is sought an oul not result in unnecessary and undue hardship on the
landowner.
4. The Variance woul ould not confer any special privilege on the
landowner that is denied by law er similarly situated properties subject to the
standard from which the Variance is sought.
5. The extent of the Variance(9) not the minimum necessary to allow a
reasonable use of the property.
6. The Variance/is not in harmony with the general purpose and intent of
this Code and preserves its spirit.
7. The Variance woul would t adversely affect the health or safety of
persons residing or working i the neighborhood, be injurious to property or
improvements in the neighborhood, or otherwise be detrimental to the public
welfare.
8. The Varianc isl s 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:
Variance Board Order - Case No. 16-B-22 Page 2 of 4
Instr# 118674824 , Page 3 of 4
TBO#: 65
1, Approval of the Interdepartmental Review of the Site Plan Approval (Minor), Case
No. 9-SP-22, to allow for the modification of an existing parking lot, landscaping,
and exterior faVade.
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. 16-B-22 Page 3 of 4
Instr# 118674824 , Page 4 of 4, End of Document
TBO#: 65
DONE and ORDERED this 1 day of 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
dl�jl'd - rl'2
MINETLE J. GOME' '-,
MAYOR
ATTEST:
KIMBERLY IAILLON. CMC
CITY CLERK
STATE OF FLORIDA
COUNTY OF BROWARD
I hereby certify that on this day, before me, by means of R1 physical presence or El 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.
41--1
Sworn to and subscribed before me this day of Ja rX Qjg-/r 2023.
ANN MARIE GORDON
Notary Public - State of Florida
Commission xpi' HH 095695
My Comm. Eres Feb 22. 2025
"Bonded through Nat ionai votary Assn. NOTARY PUBLIC, STATE OF ORIDA
My Commission Expires: ol I-2-0
This Board Order was filed in the Office of the City Clerk on this day of 202 _
Variance Board Order - Case No, 16-B-22 Page 4 of 4