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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-16Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 88'Avenue Tamarac, Florida 33321-2401 Above This Line for Processing Data Above This FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 — HEARING DATE: September 13, 2023 CASE NO. 7-B-23 IN RE: The Application o£ Legacy at Tamarac Location: 6150 Rock Island Road, Tamarac, Florida Property Folio Identification Number: 494112330020 & 494112330030 Property Legal Description: Parcel "B" North 19.86', Parcel "C" and Parcel "D" of The Lakes of Carriage Hills II, according to the Plat thereof recorded in Plat Book 123, Page 7, of the Public Records of Broward County. FINAL ORDER APPROVING VARIANCE Erick Valderrama, designated agent for the property owner, Tamarac Apartment Investors, LLC, (the "Applicant") filed an application with the City of Tamarac Department of Community Development ("City") seeking approval of the following Variance: Variance Request 7-B-23: Section 10-4. 1 (E)(1)(a),Table 10-4.11 Code of Ordinances: A variance requesting relief from Section 10-4.10(E)(1)(a), Table 10-4.11: Monument and Entrance Sign Standards, Land Development Code, for a monument sign in a residential zoning district to allow for a maximum letter and graphic height of twenty-two (22) inches, a maximum sign height of seven (7) feet and six (6) inches, and a maximum sign area of one hundred fifty-two (152) square feet in lieu of a maximum letter and graphic height of eighteen (18) inches, a maximum sign height of six (6) feet, and a maximum sign area of forty-two (42) square feet, respectively. Variance Board Order — Case No. 7-B-23 Page 1 of 3 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 6150 Rock Island Road, Tamarac, Florida (the "Property") is located in the (R-3), Multi -Family Residential 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 September 6, 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 September 13, 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. 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. Variance Board Order — Case No. 7-B-23 Page 2 of 3 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this /Vk day of 94'16N 6e— , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By: MICR LLE J. GOME MAYOR ATTEST: KIMBERLY ILLON, 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 4r�- day of Sc-'rerA-W-g-- fax �u.• ANN MA:GORDONNotary PublicFloridaCommissio695 My Comm. Ex2. 2025Bonded through Nary Assn. My Commission Expires: , 2023. NOTARY PUBLIC, STATE OF FLORIDA This Board Order was filed in the Office of the City Clerk on this j)+ day of� 2023. Variance Board Order — Case No. 7-B-23 Page 3 of 3 Instr# 119129054 , Page 1 of 3, Recorded 09/27/2023 at 03:50 PM Broward County Commission Prepared by and Return to: City Attorney CITY OF TAMARAC 7525 NW 88'Avenue Tamarac, Florida 33321-2401 Above This Line for Processing Data for FINAL ORDER FOR DEVELOPMENT PERMIT BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO — 2023 - f HEARING DATE: September 13, 2023 CASE NO. 7-B-23 IN RE: The Application of: Legacy at Tamarac Location: 6150 Rock Island Road, Tamarac, Florida Property Folio Identification Number: 494112330020 & 494112330030 Property Legal Description: Parcel "B" North 19.86', Parcel "C" and Parcel "D" of The Lakes of Carriage Hills II, according to the Plat thereof recorded in Plat Book 123, Page 7, of the Public Records of Broward County. FINAL ORDER APPROVING VARIANCE Erick Valderrama, designated agent for the property owner, Tamarac Apartment Investors, LLC, (the "Applicant") filed an application with the City of Tamarac Department of Community Development ("City") seeking approval of the following Variance: Variance Request 7-B-23 • Section 10-4 1(E)M(a) Table 10-4 11 Code of Ordinances: A variance requesting relief from Section 10-4.10(E)(1)(a), Table 10-4.11: Monument and Entrance Sign Standards, Land Development Code, for a monument sign in a residential zoning district to allow for a maximum letter and graphic height of twenty-two (22) inches, a maximum sign height of seven (7) feet and six (6) inches, and a maximum sign area of one hundred fifty-two (152) square feet in lieu of a maximum letter and graphic height of eighteen (18) inches, a maximum sign height of six (6) feet, and a maximum sign area of forty-two (42) square feet, respectively. Variance Board Order — Case No. 7-B-23 Pagel of 3 Instr# 119129054 , Page 2 of 3 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 6150 Rock Island Road, Tamarac, Florida (the "Property") is located in the (R-3), Multi -Family Residential 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 September 6, 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 September 13, 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. 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. 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. Variance Board Order — Case No. 7-B-23 Page 2 of 3 Instr# 119129054 , Page 3 of 3, End of Document This document shall be recorded in the public records of Broward, County, Florida, DONE and ORDERED this 10' day of 9Cf i9N 66v-- , 2023, in Tamarac, Florida. CITY COMMISSION CITY OF TAMARAC, FLORIDA By: MICR LLE J. GOMEL T MAYOR ATTEST: KIMBERLY EJILLON, 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. Sworn to and subscribed before me this ANN MA:HH N Notary publiclorida h.pp Commissio695 my Comm, Ex2.2025Bondedthrough Nary Assn. My Commission Expires: day of __ ° , 2023. -ter' %1d��— NOTARY PUBLIC, STATE OF FLORIDA This Board Order was tiled in the Office of the City Clerk on this A 41 day of 2023. Variance Board Order - Case No. 7-B-23 Page 3 of 3