HomeMy WebLinkAboutCity 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
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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
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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