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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-12TBO#: 72 Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 881Avenue Tamarac, Florida 33321-2401 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 — / a& HEARING DATE: June 28, 2023 CASE NO. 2-B-23, 3-B-23 & 4-11-23 IN RE: The Application of: Colony West Sign Variance Location: 6800-6900 NW 88 Avenue, Tamarac, Florida 33321 Property Folio Identification Number: 4941-09-33-0010, 4941-09-33-0020, 4941-09-06-0020, & 4941-09-06-0123 Property Legal Description: COLONY WEST CLUBHOUSE PLAT 103-36 B TRACT A, WOODLAND LAKES 71-18 B PARCEL G, & WOODLAND LAKES 71-18 B POR OF PAR R FINAL ORDER APPROVING VARIANCE Bob Heathcoe, Baron Sign Manufacturing, designated agent for the property owner, City of Tamarac (the "Applicant") filed an application with the City of Tamarac Department of Community Development ("City") seeking approval of the following Variance: Variance Request 2-B-23: Section 10-4.10(D)(3)(j)(ii), Code of Ordinances: A variance requesting relief from Section 10-4.10(1))(3)0)(ii), Code of Ordinances, to allow two (2) monument signs per street frontage for multiple tenant complexes in lieu of one (1) monument sign per street frontage. Variance Request 3-B-23: Section 10-4. 1 (E)(1)(a), Table 10-4.11, Code of Ordinances: Variance Board Order — Case No. 2-B-23, 3-B-23, & 4-B-23 Page 1 of 4 TBO#: 72 A variance requesting relief from Section 10-4.1(E)(1)(a), Table 10-4.11, Code of Ordinances, to allow for a maximum sign area of 86.67 square feet for Non -Residential, GFA > 65,000 square feet, in lieu of seventy-two (72) square feet. Variance Request 4-B-23: Section 10-4.1(E)(1)(b)(iii), Code of Ordinances: A variance requesting relief from Section 10-4.1(E)(1)(b)(iii), Code of Ordinances, to allow for a minimum distance of separation of ninety (90) feet as measured directly from sign -to -sign on the same side of the street of non-residential properties versus one hundred fifty (150) feet. Notice of the request for the Variance 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 6800-6900 NW 88 Avenue, Tamarac, Florida (the "Property") is located in the (RC), Recreation 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 June 7, 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 June 28, 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 Commission finds as follows: 1. That 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. 2. The special conditions and circumstances referred to above are not the result of the actions of the landowner. 3. 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. 4. 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. 5. The extent of the Variance is the minimum necessary to allow a reasonable use of the property. 6. The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit. Variance Board Order — Case No. 2-B-23, 3-B-23, & 4-B-23 Page 2 of 4 TBO#: 72 7. 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. 8. The Variance is 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. This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this day of , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By: 1. MICHEL E J. GOMEZ, MAYOR ATTEST: KIMBERLY bILLON, CMC CITY CLERK [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Variance Board Order — Case No. 2-B-23, 3-B-23, & 4-B-23 Page 3 of 4 TBO#: 72 STATE OF FLORIDA ) )H 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. Sworn to and subscribed before me this � day of 2023. iiP� • NAKIA Y SMITH jia?'jlt* ota '- Nry Public - State of Florida p" Commission N HH 403503 ' aA •.• My Comm. Expires Jun 5, 2027 NOTARY BLIC, STATE OF FLORIDA @waled Nrough National Notary Assn. My Commission Expires: This Board Order was filed in the Office of the City Clerk on this day of 2023. Variance Board Order — Case No. 2-B-23, 3-B-23, & 4-B-23 Page 4 of 4