HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-04TBO#: 66
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CITY OF TAMARAC
7525 NW 88 h Avenue
Tamarac, Florida 33321-2401
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FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 —
HEARING DATE: January 11, 2023
CASE NO.3-Z-22
IN RE: The Application of: Culver's Restaurant - Tamarac
Location: 8251 W Commercial Boulevard, Tamarac, Florida 33321
Property Folio Identification Number: 4941 09 04 0110 & 4941 09 04 0120
Property Legal Description: LYONS COMMERCIAL SUB 69-42 B LOT 3 LESS S 7
FOR RD BLK 7 & LYONS COMMERCIAL SUB 69-42 B
LOT 2 BLK 7
FINAL ORDER APPROVING SPECIAL EXCEPTION
Order granting Special Exception approval for Culver's Restaurant -Tamarac, to allow for a fast -
casual restaurant with dual drive -through lane service in the MU-G (Mixed Use General) zoning district,
pursuant to the Tamarac Code of Ordinances.
Steven Wherry, Esq. designated agent for the property owner, Medalist Restaurant Group II,
LLC (the "Applicant"), is requesting approval of a Special Exception to allow for a Restaurant, fast -casual
(with drive through) use on the subject property, legally described as LYONS COMMERCIAL SUB 69-
42 B LOT 3 LESS S 7 FOR RD BLK 7, located at 8251 W. Commercial Boulevard, Tamarac, Florida
("Property").
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 is in the MU-G (Mixed -Use General)
zoning district.
Pursuant to the authority contained in Section 10-5.4(G) of the City of Tamarac Code of
Ordinances, the Planning Board has reviewed the application, held a quasi-judicial public hearing on
Special Exception Board Order — Case No. 3-Z-22 Pagel of 3
TBO#: 66
January 4, 2023, and recommend to the City Commission, APPROVAL OF THE APPLICATION.
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 the proposed development it ill not be consistent with the Comprehensive Plan.
2. That the proposed development it will not comply with applicable district, use, and
development standards in the City of Tamarac Code of Ordinances.
3. That the proposed development (wil will not be compatible with the existing natural
environment and community character of the properties within the immediate
neighborhood.
4. That the proposed development Qwill not be desirable for public convenience and is/is
not injurious or otherwise detrimental to the public health, safety, comfort, and welfare.
5. That the proposed development &1will not minimize adverse effects, including noise,
light, dust, or other potential nuisances, on adjacent properties to the greatest extent
practicable.
6. That the proposed development it will not include adequate provisions for safe and
convenient vehicular and pedestn will
movement to, from, and through the site that
minimizes traffic congestion in the public streets.
7. That the proposed development it will not include adequate provisions for safe and
convenient vehicular and pedestri traffic movement to, from, and through the site that
minimizes traffic congestion in the public streets.
8. That the Special Exception shall only remain valid during the period of which the
certificate of occupancy and business tax receipt remains active.
9. That the Special Exception is transferable administratively subject to compliance with City
Codes, all conditions of approval set forth herein (if any), and the submission of
documentation and payment of all fees (if any).
10. Any pre-existing code violations shall be brought into compliance and any accrued liens
shall be satisfied before a certificate of occupancy is issued for the proposed use.
Pursuant to the authority contained in Sections 2-369, 2-370, 10-3.2, 10-5.3 (G) and (H) and 10-
5.4 (G) of the City of Tamarac Code of Ordinances, the Applicant's request for Special Exception Approval
to allow for a Restaurant, fast -casual (with drive through) use in the MU-G (Mixed -Use General) zoning
district located at 8251 W. Commercial Boulevard, is hereby GRANTED WITH CONDITIONS subject
to the following:
1. That the applicant agrees that any transfer of Special Exception including all associated
conditions will be acknowledged by the new owner in writing.
Special Exception Board Order — Case No. 3-Z-22 Page 2 of 3
TBO#: 66
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this l iQ�day of Amy , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
MIC ELLE J. GOMEZ,
MAYOR
ATTEST:
KIMB RLY DI1k.LON, 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.
o cri'b d o
e me this
�►R` °U' ..
ANN MARIE GORDON
Notary Public • State of Florida
Commission ' HH 095695
My Comm. Expires Feb 22, 2025
Bordec through National Notary Assn.
My Commission Expires:
'ate day of TOA , 2023.
NOTARY PUBLIC, STATE OF FLORIDA
This Board Order was filed in the Office of the City Clerk on this 12, day of 202_.
Special Exception Board Order — Case No. 3-Z-22 Page 3 of 3
Instr# 118674844 , Page 1 of 4, Recorded 02/13/2023 at 10:36 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 This Line for Recordi
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO - 2023 - QJG�
IN RE: The Application of:
Location:
Property Folio Identification Number:
Property Legal Description:
TBO#: 67
HEARING DATE: January 11, 2023
CASE NO. 17-B-22
Culver's Restaurant - Tamarac
8251 W Commercial Boulevard, Tamarac, Florida
33321
4941 09 04 0110 & 4941 09 04 0120
LYONS COMMERCIAL SUB 69-42 B LOT 3
LESS S 7 FOR RD BLK 7 & LY ONS
COMMERCIAL SUB 69-42 B LOT 2 BLK 7
FINAL ORDER APPROVING VARIANCE
Steven Wherry, Esq. designated agent for the property owner, Medalist Restaurant Group II, LLC,
(the "Applicant") filed an application with the City of Tamarac ("City") Department of
Community Development seeking approval of the following Variance:
Variance Request 17-B-22 "Buffers": Section 10-4.4(1))(3)(000, Code of Ordinances:
A variance requesting relief from Section 10-4.4(1))(3)(c)(ii), to permit the installation of an
enhanced landscape buffer on the northern perimeter of the subject property and in the
median of N.W. 57th Street, in lieu of the required solid six (6) foot masonry wall to buffer the
development from the adjacent residential community.
Variance Board Order - Case No. 17-B-22 Page 1 of 4
Instr# 118674844 , Page 2 of 4
TBO#: 67
Notice of the request for Variance 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 8251 W.
Commercial Boulevard, Tamarac, Florida (the "Property") is located in the MU-G (Mixed -Use
General) 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 January 4, 2023, and recommend to the City Commission, APPROVAL WITH
CONDITIONS.
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 to wining to the particular
property for which the Variance is sought, that d do no 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/ e not . 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 wou ould not effectively deprive the landowner of rights
commonly enjoyed by other properties subject to the standard from which the
Variance is sought and Egilot result in unnecessary and undue hardship on the
landowner.
4. The Variance would/ ould n confer any special privilege on the
landowner that is denied by law o o er similarly situated properties subject to the
standard from which the Variance is sought.
5. The extent of the Variance(giis not the minimum necessary to allow a
reasonable use of the property.
6. The Varianc of /is not in harmony with the general purpose and intent of
this Code and preserves its spirit.
7. The Variance would/ ould n6f dversely affect the health or safety of
persons residing or working in ghborhood, be injurious to property or
improvements in the neighborhood, or otherwise be detrimental to the public
welfare.
8. The Varianc s not consistent with the Comprehensive Plan.
Variance Board Order -- Case No. 17-B-22 Page 2 of 4
Instr# 118674844 , Page 3 of 4
Pursuant to the authority contained in Section 1 Q-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 install all required landscape improvements as indicated on
the landscape plan prior to the issuance of the Certificate of Occupancy for the
property.
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. l 7-B-22 Page 3 of 4
Instr# 118674844 , Page 4 of 4, End of Document
TBO#: 67
/'
DONE and ORDERED this _� day of Jarit {.iz 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
&L
MIC ELLE J. GOME ,
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 0 physical presence or 1:1 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 ( oQ day of -- ----- 2023.
ANN MAAIE GORDON
Notary Public � State of Commission Florida
My CommtE Expires Feb 22, 2025
Bonded through Nationai Notary Assn. NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this � day of 202
Variance Board Order - Case No. 17-B-22 Page 4 of 4