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City of Tamarac Board Order BO-2014-02V Temporary Board Order No. .03 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88�h Avenue Tamarac, Florida 3 3 321-2401 Space Above This Line for Processing Data INSTR # 1125835655 OR BK 51165 Pages 145 - 147 RECORDED 10/14/1410'06: 9 AM BROWARD COUNTY 3 COMM DEPUTY CLERK 0 #2, 3 Pages Space Above This Line for Recordi BEFORE THE CITY COMMISSION CITY OF TAMARA.C, FLORIDA BO-2014 - 0 9�, IN RE: The Application of: Temp. Board Order No. - 03 HEARING DATE: September 10, 2014 CASE NO. 10-Z-13 LNT Commercial Investments, Inc. 8400 West Commercial Boulevard Tamarac, Florida 33321 Property Folio Identification Number: 494109040170 Property Legal Description: LOT 8, BLOCK 7, LYONS COMMERCIAL SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE. 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA: LESS THE SOUTH 7 FEET THEREOF, AND LESS ALL THAT PORTION LYING SOUTHWESTERLY OF AN WHICH IS CO AVE TO THE NORTHEAST, HAVING A RADIUS OF 25 FEETS TANGENT TO A LINE 7 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 8 AND TANGENT TO THE WEST LINEOF SAID LOT 8. �., ORDER APPROVING LIMITED PARKING WAIVER The Applicant, Keith D. Kern, Esq., designated agent for the property owner, LNT Commercial Investments, Inc., (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development for the following Limited Parking Waiver: LIMITED PARKING WAIVER TO ALLOW FOR THE PROVISION OF SEVENTY-ONE (71) PARKING SPACES WHERE ONE HUNDRED AND SEVEN (107) PARKING SPACES ARE REQUIRED FOR THE LNT COMMERCIAL INVESTMENTS PROPERTY; LOCATED AT 8400 WEST COMMERCIAL BOULEVARD. (00022017.DOCX 4) Variance Order # 10-Z-13 (MAC) Page 1 of 3 Temporary Board Order No. 03 Notice of the request for the Limited Parking Waiver was given as required by law. The City Commission of the City of Tamarac ("the Commission") finds that the property located at 8400 West Commercial Boulevard, Tamarac, Florida (the "Property") is located in the MXD (Mixed Use District). Pursuant to Sections 2-370(f), 24-552 and 24-584(5) 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 there is not sufficient surplus parking to provide for a cross parking agreement by the adjacent property owner. 2. That a site plan note limiting the uses within the plaza is not feasible due to current economic conditions. 3. That granting of the limited waiver is the minimum waiver that will make possible the reasonable use of the land. 4. That granting of the limited waiver is in harmony with the general intent and purpose of the ordinance and the waiver will not be injurious or detrimental to the area or the public welfare. 5. 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. 6. The special conditions and circumstances do not result from the actions of the applicant. 7. That granting. the variance required 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. 8. 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. 9. 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 2-3 70(f), 24-5 52 of the City of Tamarac Code of Ordinances, the Applicant's request for a Limited Parking Waiver to allow for the provision of seventy-one (71) parking spaces where one hundred and seven (107) parking spaces are required, as represented in the Application, is hereby GRANTED, subject to the following condition, to which the Applicant has agreed: {00022017.DOCX 4) Variance Order # 10-Z-13 (MAC) Page 2 of 3 Temporary Board Order No. 03 1. Provide one (1) shade tree (minimum 15' height, 3" caliper, 6' crown spread, and 4.5' clear trunk) within the landscape area on the NW 84 Terrace property line at the northwest corner of the property within two (2) months of the approval of the limited parking waiver by the City Commission. Pursuant to Section 2-3 70(a), of the City of Tamarac Code of Ordinances, the City Attorney has prepared this Order. 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 dayf o , 2014, in Tamarac, Florida. ATTEST: CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S . GOREN, CITY ATTORNEY 100022017.DOCX 41 0 MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By: s Y DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM BUSHNELL� DIST 2: V/M GOMEZ DIST 3: COMM GLASSER DIST 4: COMM PLACKO is Variance Order #- (MAC) U Page 3 of 3