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City of Tamarac Board Order BO-2014-01Temporary Board Order No. 02 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88h Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data INSTR # 112583564 OR BK 51165 Pages 142 - 144 RECORDED 10/14/1410:06:59 AM -BROWARD COUNTY COMMISSION DEPUTY CLERK 1037 #1, 3 Pages Space Above This Line for Recordi BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO-2014 0 / Temp. Board Order No. - 02 HEARING DATE: September 10, 2014 CASE NO.4-B-14 IN RE: The Application of: Shoppes on University/Tidan Plaza 74019 75015 7556 NW 57 Street Tamarac, Florida 33321 Property Folio Identification Number: 494110032811 Property Legal Description: ALL OF PARCELS B AND C OF THE MAINLANDS. OF TAMARAC LAKES NINTH SECTION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 67, PAGE 48 OF THE PUBLIC RECORDS OF BROWAR.D COUNTY, FLORIDA ORDER APPROVING VARIANCE The Applicant, Scott Backman, Esq., Dunay, Miskel, Backman &Blattner, LLP, designated agent for the property owner, RM Tamarac Plaza LP, (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development for the following Variance: 6 VARIANCE TO SECTION 18-51(19)A OF THE CODE OF ORDINANCES � TO ALLOW A NEW MONUMENT SIGN FOR ANON -RESIDENTIAL PROPERTY WITH A GROSS FLOOR AREA OF ALL BUILDINGS GREATER THAN 659000 SQUARE FEET TO BE ELEVEN FEET AND TEN INCHES (119-1099) IN HEIGHT WHERE EIGHT (8) FEET IS REQUIRED AND A SIGN AREA OF ONE HUNDRED AND TWENTY AND SIX TENTHS (120,6) SQUARE FEET WHERE SEVENTY-TWO (72) SQUARE FEET IS REQUIRED FOR THE SHOPPES ON ITNIVERSITY PROPERTY FORMERLY KNOWN AS TIDAN PLAZA AND BIG LOTS PLAZA; LOCATED AT 7401, 7501, 7556 NW 57 STREET. (00022017.DOCX 4) Variance Order #4-B-14 (MAC) Pagel of 3 aka V" Temporary Board Order No. 02 Notice of the request for the Variance petition was given as required by law. The City Commission of the City of Tamarac ("the Commission") finds that the property located at 7401, 75019 7556 NW 57 Street, Tamarac, Florida (the "Property") is located in the B-2 (Planned Community Business District). Pursuant to Sections 2-370(f), 24-552 and 24-71 of the City of Tamarac Code, of Ordinances, and following consideration of all testimony and evidence presented at the hearing on September 10, 2014, the Commission finds as follows: 1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. 2. The special conditions and circumstances do not result from the actions of the applicant. 3. That granting the Variance petition will not confer on the applicant any special privilege that is denied by any law or ordinance to other lands, buildings or structures in the same zoning district. 4. That the literal interpretation of the provisions of the applicable Land Development Regulations ("LDRs") would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the LDRs. 5. That the requested Variance petition is the minimum variance that will make possible the reasonable use of the land, structure or building. 6. That the granting of the Variance petition will be in harmony with the general intent and purpose of the City's Land Development Regulations, and such Variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 7. The Public Record, including sworn testimony and evidence established before and presented to the City Commission on September 10, 2014, is hereby incorporated by reference and made a part hereof. Pursuant to the authority contained in Sections 2-370(f), 24-552 and 24-71 of the City of Tamarac Code of Ordinances, the Applicant's request for a Variance from the requirements of Section 18-51(19)a of the Code of Ordinances to allow a new monument sign fora non- residential property with a gross floor area of all buildings greater than 65,000 square feet to be eleven feet and ten inches (11'- 10") in height where eight (8) feet is required and a sign area of one hundred and twenty and six tenths (120.6) square feet where seventy-two (72) square feet is required, as represented in the Application, is hereby GRANTED: 1. Pursuant to Section 2-370(a), of the City of Tamarac Code of Ordinances, the City Attorney has prepared this Order. 100022017.DOCX 4} Variance Order #4-B-14 (MAC) Page 2 of 3 Temporary Board Order No. 02 2. Pursuant to Section 2-370(g), of the City of Tamarac's Code of Ordinances, this Order shall be recorded in the public records of Broward County, Florida. DONE and ORDERED this /0 Florida. ATTEST: r 1 � ,, fir. x �► � AT M A-k,' U F E ,AMC t C`'N -ERK w r" I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: -� SAMUEL S. GOREN, CITY ATTORNEY day of 2014, in Tamarac, MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA kESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM GLASSER DIST 4: COMM PLACKO (00022017.Docx a) Variance Order #4-B-14 (MAC) Page 3 of 3 I