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City of Tamarac Board Order BO-2014-04Li Temporary Board Order No. 04 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88t' Avenue Tamarac, Florida 3 3 321-2401 Space Above This Line for Processing Data NNs T R #/12583567 OR BK 51165 Pages 151 - 154 RECORDED 10/14/1410:06:59 AM BROWARD COUNTY COMMISSION DEPUTY CLERK 1037 #41 4 Pages Space Above This Line for Recordi BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO-2014 021 Temp. Board Order No. - 04 HEARING DATE: October 8, 2014 CASE NO. 8-Z-14 IN RE: The Application of: Chelsea Place — Limited Parking Waiver Location: The north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard, Tamarac, Florida 33321. East Property Property Folio Identification Number: 494111010022 Property Legal Description: FT LAUDERDALE TRUCK FARMS 4-31 B 11-49-41 PT TR 14 DESC AS COMM AT SW COR OF SAID SEC 11,E 1831.72,N 72.01 TO POB,CONT N 3 83.07,E 414.91,S 3 83.07,W 414.91 TO POB AKA: PAR 3 FEE PARCEL 3 West Property Property Folio Identification Number: 494111010021 Property Legal Description: FT LAUDERDALE TRUCK FARMS 4-31 B 11-49-41 PT TR 14 DESC AS COMM AT SW COR OF SAID SEC 11 IE 1321 70 N 60.01 d � ORDER APPROVING LIMITED PARKING WAIVER The Applicant, Scott Backman, Esq., Dunay, Miskel, Backman & Blattner, LLP, designated agent for the property owner, Woodlands THJV, LLC, c/o Perry Ventures, LLC,., (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development for the following Limited Parking Waiver: Limited Parking Waiver Board Order 8-Z-14 (MAC) Page 1 of 4 �N' ;:, ip 3- Temporary Board Order No. 04 LIMITED PARKING WAIVER FROM SECTION 24-578(A)(8) OF THE CODE OF ORDINANCES TO ALLOW THE NW 58 LANE CUL-DE-SAC TO MEASURE A DISTANCE OF FIFTEEN(15) FEET FROM THE WEST COMMERCIAL BOULEVARD RIGHT-OF-WAY WHERE A MINIMUM DISTANCE OF TWENTY-FIVE (25) FEET IS REQUIRED BETWEEN THE RIGHT-OF-WAY LINE AND PARALLEL INTERIOR DRIVES AND FROM SECTION 24-580(B)(2) OF THE CODE OF ORDINANCES TO ALLOW PARKING SPACES WITHIN THE TOWNHOUSE UNIT DRIVEWAYS AT EIGHT (8) FEET IN WIDTH WHERE NINE (9) FEET IN WIDTH IS REQUIRED. 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 the north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5 981 West Commercial Boulevard, Tamarac, Florida 33321 (the "Property") and is currently located in the R-1 C (Single Family Residential 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 October 8, 2014, the Commission finds as follows: 1. That granting of the limited waiver is the minimum waiver that will make possible the reasonable use of the land. 2. That granting of the Limited Parking 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. 3. 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. 4. The special conditions and circumstances do not result from the actions of the applicant. 5. That granting the waiver 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. Limited Parking Waiver Board Order 8-Z-14 (MAC) Page 2 of 4 Temporary Board Order No. 04 6. 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. 7. The Public Record, including sworn testimony and evidence established before and presented to the City Commission on October 8, 2014, is hereby incorporated by reference and made a part hereof. Pursuant to the authority contained in Sections 2-370(fl, 24-552 of the City of Tamarac Code of Ordinances, the Applicant's request for a Limited Parking Waiver from Section 24- 578(a)(8) of the Code of Ordinances to allow the NW 58 Lane cul-de-sac to measure a distance of fifteen(15) feet from the W Commercial Boulevard right-of-way where a minimum distance of twenty-five (25) feet is required between the right-of-way line and parallel interior drives and from Section 24-580(b)(2) of the Code of Ordinances to allow parking spaces within the townhouse unit driveways at eight (8) feet in width where nine (9) feet in width is rewired, as represented in the Application, is hereby GRANTED, subject to the following condition,_ to which the Applicant has agreed: 1. Approval of the limited parking waiver is contingent upon approval and effectuation of the rezoning and land use plan amendment to change the zoning classification of the subject properties from R-IC (Single Family Residential) to R-3 (Low Density Multifamily District) and the land use on a portion (0.59 acres) of the property from Recreation to Low Density Residential. 2. Provide decorative rocks within the landscape strips of one (1) foot in width between the townhouse driveways in lieu of sod. Pursuant to Section 2-370(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. Limited Parking Waiver Board Order 8-Z-14 (MAC) Page 3 of 4 Temporary Board Order No. 04 DONE and ORDERED this day of 2014, in Tamarac, Florida. k ATTEST: `. r` L•� i w � f - RIC IATBI TEEL, ICI. CLERK. C I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S. GOREN, CITY ATTORNEY MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By: Y bREsSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST l: COMM BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM GLASSER DIST 4: COMM PLACKO Limited Parking Waiver Board Order 8-Z-14 (MAC) Page 4 of 4