HomeMy WebLinkAboutCity of Tamarac Board Order BO-2023-14TBO#: 75
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
Above This Line for Processing Data
we This Line for Recordin
FINAL ORDER FOR DEVELOPMENT PERMIT
BEFORE THE CITY COMMISSION
CITY OF TAMARAC, FLORIDA
BO — 2023 —
HEARING DATE: August 23, 2023
CASE NO.6-B-23
IN RE: The Application of: Eden West Sign Variance
Location: 8601-8701 W. McNab Road, Tamarac, Florida 33321
Property Folio Identification Number: 4941-04-22-0020
Property Legal Description: COLONY WEST SHOPPING PLAZA 84-25 B; FORT
LAUDERDALE TRUCK FARMS 4-31 B 04-49-41
PARCELS A & B, LESS PARCEL 101 AS DESC IN
OR 28857/1683 & LESS POR OF PAR B DESC IN
OR 29481/1973 & LESS POR OF SAID PARCELS A
& B DESC IN INSTR# 117247624, TOG WITH ALL
THAT POR OF VAC NW 70 ST AS DESC IN INSTR#
117571439 & TOG WITH POR SEC 4 OF PLAT 4-31
B AS DESC IN OR 5897/811
FINAL ORDER APPROVING VARIANCE
John D. Voigt, Esquire, designated agent for the property owner, CE Tamarac, LLC (the
"Applicant") filed an application with the City of Tamarac Department of Community
Development ("City") seeking approval of the following Variance:
Variance Request 6-B-23: Section 10-4.10(D)(2)(b)(ii), Code of Ordinances:
A variance request to allow for two (2) entrance wall signs on the northwest and southwest
corners of the perimeter wall enclosing the subject property in lieu of the requirement of entrance
Variance Board Order — Case No. 6-B-23 Page 1 of 4
TBO#: 75
wall signs to be located on the adjacent sides of the vehicular entrance unless placed in the entrance
median walls.
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 8601-8701 W.
McNab 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 August 2, 2023, and recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITIONS.
Following consideration of all testimony and evidence presented at the City Commission
hearing on August 23, 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:
(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;
Variance Board Order — Case No. 6-B-23 Page 2 of 4
TBO#: 75
(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.
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 conditions:
1) The Applicant agrees to submit a building permit application for a new code
permitted sign to be located at the entrance on N. W. 70th Street.
2) Approval of the variance request is contingent upon approval and completion of
the Building Permit for the Northwest Entrance Wall Sign, BP23-1153, through the
Building Department.
3) Approval of the variance request is contingent upon approval and completion of
the Building Permit for the Southwest Entrance Wall Sign, BP23-1154, through the
Building Department.
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. 6-B-23 Page 3 of 4
TBO#: 75
DONE and ORDERED this R�'d day of A( GL- c T , 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
I -r
LI,A� t (�?Xj i
MICH LLE J. GO EZ,
MAYOR
ATTEST:
KI 4BERLY OILLON, 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 a 3"'l day of tic u-5 , 2023.
� r ANN MARIE GORDON
Notary Public - State of Fbrida
h'" Commission = HH 095695
ry?0, r My Comm. Expires Feb 22. 2025
Bonded through National Notary Assn.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this 22day of A4t
2023.
Variance Board Order — Case No. 6-B-23 Page 4 of 4
Instr# 119128322 , Page 1 of 4, Recorded 09/27/2023 at 01:29 PM
Broward County Commission
Prepared by and Return to:
City Attorney
CITY OF TAMARAC
7525 NW 88`hAvenue
Tamarac, Florida 33321-2401
I�ii75i/I.�
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 - i,-Lli-
HEARING DATE: August 23, 2023
CASE NO.6-B-23
IN RE: The Application of: Eden West Sign Variance
Location: 8601-8701 W. McNab Road, Tamarac, Florida 33321
Property Folio Identification Number: 4941-04-22-0020
Property Legal Description: COLONY WEST SHOPPING PLAZA 84-25 B; FORT
LAUDERDALE TRUCK FARMS 4-31 B 04-49-41
PARCELS A & B, LESS PARCEL 101 AS DESC IN
OR 28857/1683 & LESS POR OF PAR B DESC IN
OR 29481/1973 & LESS POR OF SAID PARCELS A
& B DESC IN INSTR# 117247624, TOG WITH ALL
THAT POR OF VAC NW 70 ST AS DESC IN INSTR#
117571439 &. TOG WITH POR SEC 4 OF PLAT 4-31
B AS DESC IN OR 5897/811
FINAL ORDER APPROVING VARIANCE
John D. Voigt, Esquire, designated agent for the property owner, CE Tamarac, LLC (the
"Applicant") filed an application with the City of Tamarac Department of Community
Development ("City") seeking approval of the following Variance:
Variance Request 6-B-23: Section 10-4.I0(D)(2)(b)(ii), Code of Ordinances:
A variance request to allow for two (2) entrance wall signs on the northwest and southwest
corners of the perimeter wall enclosing the subject property in lieu of the requirement of entrance
Variance Board Order — Case No. 6-B-23 Page 1 of 4
Instr# 119128322 , Page 2 of 4
TBO#: 75
wall signs to be located on the adjacent sides of the vehicular entrance unless placed in the entrance
median walls.
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 8601-8701 W.
McNab 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 August 2, 2023, and recommend to the City Commission, APPROVAL OF THE
APPLICATION WITH CONDITIONS.
Following consideration of all testimony and evidence presented at the City Commission
hearing on August 23, 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:
(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;
Variance Board Order — Case No. 6-B-23 Page 2 of 4
Instr# 119128322 , Page 3 of 4
TBO#: 75
(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.
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 conditions:
1) The Applicant agrees to submit a building permit application for a new code
permitted sign to be located at the entrance on N. W 70th Street
2) Approval of the variance request is contingent upon approval and completion of
the Building Permit for the Northwest Entrance Wall Sign, BP23-1153, through the
Building Department
3) Approval of the variance request is contingent upon approval and completion of
the Building Permit for the Southwest Entrance Wall Sign, BP23-1154, through the
Building Department.
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. 6-B-23 Page 3 of 4
Instr# 119128322 , Page 4 of 4, End of Document
IN
DONE and ORDERED this R3 rd day of /406iLL-T 2023, in Tamarac, Florida.
CITY COMMISSION
CITY OF TAMARAC, FLORIDA
MICHAf E J. GOMEZ,'
MAYOR
ATTEST:
�
KIMBERLY ?ILLON, CMC
CITY CLERK
STATE OF FLORIDA
COUNTY OF BROWARD
I hereby certify that on this day, before me, by means of R1 physical presence or 0 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 23'4-day of AQCtcA-5-1 _, 2023.
Aq,*4 mARIE GORDON!
Notary Public - State of :FWida 95
695 Commission - HH 095��]
My Comm. Expires Feb 22, 2025
'ta Assn.
Bonded through National Notary Assn.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
This Board Order was filed in the Office of the City Clerk on this 2?day of hl- 2023.
Variance Board Order - Case No. 6-B-23 Page 4 of 4