HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-11TBO#: 73
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CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
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FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 - 11
HEARING DATE: June 14, 2023
CASE NO. 5-B-23
IN RE: The Application of: McDonald's-Pine Island
Location: 8375 N. Pine Island Road, Tamarac, Florida 33321
Property Folio Identification Number: 4941-05-17-0020
Property Legal Description: TAMARAC TOWN SQUARE 112-1 B PT PAR A
DESC AS, COMM AT NE COR OF SEC 5-49-41,
N 6.32, W 303.01, S 200.67, W 7 TO POB, W
254.02, S 112.48, E 254.81, N 109.77 TO POB
ORDER APPROVING VARIANCE
Daryl Johnson of Corporate Property Services, Inc., designated agent for the property owner, IRT
Tamarac Land TR (the "Applicant"), filed an application with the City of Tamarac ("City)
Department of Community Development seeking approval of the following Variance:
Variance Request 5-B-23 "Off -Street Parkinz Requirements": Section 10-4.3(D)(2), Table
10-4.1, Code of Ordinances:
A variance request to allow for a total of twenty-four (24) parking spaces in lieu of the
minimum required twenty-eight (28) parking spaces; the reduction of four (4) parking spaces from
the Off -Street Parking requirements for a Restaurant "Fast -Food " w/ Drive -Through in the MU-
C (Mixed -Use Corridor) zoning district.
Variance Board Order — Case No. 5-B-23 Page 1 of 4
TBO#: 73
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 8375 North Pine
Island Road, Tamarac, Florida (the "Property) is location 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 May 3, 2023, and recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH ONE CONDITION.
Following consideration of all testimony and evidence presented at the City Commission
hearing on June 14, 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:
(i) There are 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 not generally apply to other
property subject to the standard from which the Variance is sought;
(ii) The special conditions and circumstances referred to above are not the result of
the actions of the landowner;
(iii) Because of the 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 effectively deprive the landowner of rights commonly
enjoyed by other properties subject to the standard from which the Variance is
sought, and would result in unnecessary and undue hardship on the landowner;
(iv) The Variance would not 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;
(v) The extent of the Variance is the minimum necessary to allow a reasonable use
of the property;
(vi) The Variance is in harmony with the general purpose and intent of this Code
and preserves its spirit;
(vii) The Variance 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; and
(viii) The Variance is consistent with the Comprehensive Plan.
Variance Board Order — Case No. 5-B-23 Page 2 of 4
TBO#: 73
Pursuant to the authority contained in Section 10-5.4 (Q) of the City of Tamarac Code of
Ordinances, the Applicant's request for Variance approval, as outlined, is hereby GRANTED
subject to the following condition:
1. Concurrence with the Interdepartmental Review of the Site Plan Approval (Minor),
Case No. 14-SP-22, to allow for the modification of the exterior fagade, the small-
scale addition to the existing structure, and the installation of a side -by -side drive -
through lane for an existing restaurant, McDonald's Pine -Island.
This document shall be recorded in the public records of Broward, County, Florida.
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Variance Board Order — Case No. 5-B-23 Page 3 of 4
TBO#: 73
DONE and ORDERED this 1 day of jU. IJ C , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
J�
MICHELLE J. GOMEZ,
MAYOR
ATTEST:
zizo- lsv4d
K BERLY LON, CMC
ITY 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 t day of -3 1w 6
;:s • " ANN MARIE GORDON
r?t';`; Notary Public State of Flo►ida
F: y Commission + HH 095695
a r` . M Comm. Expires Feb 22. 20I5
9orced through National Notary Assn.
2023.
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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. 5-B-23 Page 4 of 4