HomeMy WebLinkAboutCity of Tamarac Board Order BO-2019-01Instr# 115865001 , Page 1 of 4, Recorded 06/12/2019 at 11:29 AM
Broward County Commission
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88* Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
Above
BEFORE THE CITY COMMISSION -Tgo - 29
CITY OF TAMARAC, FLORIDA
BOARD ORDER 2019-01
HEARING DATE: May 22, 2019
CASE NO.8-B-18
IN RE: The Application of: Rock Island Self -Storage
5602 N. Rock Island, Tamarac, Florida
Property Folio Identification Number: 494113272380
Property Legal Description:
SABAL PALM BY PRESTIGE, TRACT H (FIRE STATION), according to the Plat thereof
recorded in Plat Book 178, Page 71, of the Public Records of Broward County.
BOARD ORDER APPROVING VARIANCE
The applicant, Leigh R. Kerr, of Leigh Robinson Kerr & Associates, Inc., the designated agent for
the prospective property owner, Rock Island Partners, LLC (the "Applicant") filed an application
with the City of Tamarac ("City") Department of Community Development seeking approval of
the following Variances:
Variance Request 1: Section 10-2.3(C), Code of Ordinances:
A Variance from Section 10-2.3(C), Code of Ordinances, to allow for the construction of
\y a building forty-eight (48) feet in height where a maximum of forty (40) feet is allowed.
v Variance Request 2: Section 10-2.3(C), Code of Ordinances:
A Variance from Section 10-2.3(C) to allow for a side and rear setback of twenty feet (20)
where twenty-five (21) is required by Code between commercial and residential land uses.
Variance Board Order - Case No. 8-B-18 Page I of 4
Instr# 115865001 , Page 2 of 4
Variance Request 3: Section 104A(D)(3)(c)(iii), Code of Ordinances:
A Variance from Section 10-4.4(D)(3)(c)(iii) to allow for a landscape buffer twenty (20) ,
feet in width where fifty (50) feet is required by Code between commercial and residential land
uses.
Variance Request 4: Section 104.4(D)(4)(c)(ii), Code of Ordinances:
A variance from Section 10-4.4(D)(4)(c)(ii) to allow for a pedestrian zone fourteen (14)
feet in width where nineteen (19) feet is required by Code.
Variance Request 5: Section 104.7. Code of Ordinances:
A variance from Section 10-4.7(1))(5)(b)(i) to not provide transparency on the windows
where transparency is required by Code and from Section 104.7(Ex3)(a) to provide parking in
the front on the building where the Code requires parking to be provided in the rear.
Notice of the request for the Variance was given as required by law. The City Commission
of the City of Tamarac ("Commission") has identified that the property located at 5602 N. Rock
Island Road, Tamarac, Florida (the "Property") is located in the (MU-N), Mined Use
Neighborhood District, and following consideration of all testimony and evidence presented at the
hearing on May 22, 2019 the Board 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.
Variance Board Order — Case No. 8-B-18 Page 2 of 4
Instr# 115865001 , Page 3 of 4
8. The Variance is consistent with the Comprehensive Plan.
' Pursuant to the authoritycontained in Section 10-5.4 of the City of Tamarac Code of
(Q) h'
Ordinances, the Applicants' request for Variance approval as outlined is hereby GRANTED
subject to the following conditions:
1. Approval of the variance is contingent upon approval of the application for Major
Site Plan application for Rock Island Self -Storage, Case #17-SP-18, by the City
Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this o202,day of _, 2019,I in Tamarac, Florida.
CITY OF TAMARAC, FLORIDA
By: C/
MICHEL E J. GOMEZ,
MAYOR
' ATTEST:
PATRICIA TEUFE , CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM '
WAMUEL S. GOREN
V CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1:
COMM. BOLTON
DIST 2:
COMM. GELIN
N�
DIST 3:
COMM. FISHMAN
DIST 4: V/M PLACKO
Variance Board Order — Case No. 8-B-18 Page 3 of 4
Instr# 115865001 , Page 4 of 4, End of Document
1
STATE OF FLORIDA ) '
) §§
COUNTY OF BROWARD )
I hereby certify that on this day, before me, 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 v7c2 day of 2019.
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Variance Board Order - Case No. 8-B-18 Page 4 of 4