HomeMy WebLinkAboutCity 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
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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
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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.
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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