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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-05TBO#: 67 Prepared by and Return to: CITY OF TAMARAC 7525 NW 881Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data )ace Above This Line for Recordin FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - 0S HEARING DATE: January 11, 2023 CASE NO. 17-11-22 IN RE: The Application o£ 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 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)(060, Code of Ordinances: A variance requesting relief from Section 10-4.4(D)(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 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 thetdo nnoenerally ining to the particular property for which the Variance is sought, that d apply to other property subject to the standard from which the Variance is sought. 2. The special conditions and circumstances referred to above are/ Dnot he result of the actions of the landowner. 3. Because of the special conditions and circumstances referred to above, the literal application of is Code to development of the property for which the Variance is sought (wouldAvould not effectively deprive the landowner of rights commonly enjoyed by other properties subject to the standard from which the Variance is sought and oul not 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. The extent of the Variance�qis not the minimum necessary to allow a reasonable use of the property. 6. The Varianco/is not in harmony with the general purpose and intent of this Code and preserves its spirit. 7. The Variance would/ ould no dversely affect the health or safety of persons residing or working in ighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare. The Varianc�is not consistent with the Comprehensive Plan. Variance Board Order — Case No. 17-B-22 Page 2 of 4 TBO#: 67 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 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. 17-B-22 Page 3 of 4 TBO#: 67 DONE and ORDERED this day of JaAL.ut n� , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA MIC ELLE J. GOME , Jr MAYOR ATTEST: h L- f 1�s - IL -- KIMBERLY DILLON, CHIC 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 ANN MARIE GORDON Notary Public • State of Florida Y ` Commission a HH 095695 r . My Comm. Expires Feb 22. 2025 Boneed through National Notary Assn. 2023. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: This Board Order was filed in the Office of the City Clerk on this _L?, day of 202_. Variance Board Order — Case No. 17-B-22 Page 4 of 4 Instr# 118674835 , Page 1 of 3, Recorded 02/13/2023 at 10:32 AM Broward County Commission TBO#: 66 Prepared by and Return to: CITY OF TAMARAC 7525 NW 88" Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data is Line tm FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - 04 t 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 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 11, 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 of3 Instr# 118674835 , Page 2 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 tl 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 will 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 &Will 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 pedestri traffic 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 Instr# 118674835 , Page 3 of 3, End of Document This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this l iff—day of� 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA I �/,, a( I-- MIC14ELLE J. GOMEZ, MAYOR M1211 KIMBriRLY DI LON, CMr CITY CLERK STATE OF FLORIDA ) §§ COUNTY OF BROWARD ) I hereby certify that on this day, before me, by means of R1 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. z c Jbd o e me this 0-- day of J ��'' l 2023. ,-Swam-to-anj ANN MARIE GORDON Notary Public - State of Florida Commission = HN b 22, 2'oFa°' My Comm. Expires Feb 22, 2025�~`"` Borded through Natioral 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_. Special Exception Board Order - Case No. 3-Z-22 Page 3 of 3