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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2016-02Temp. Board Order No. 10 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88" Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data INSTR # 113965184 Recorded 09/30/16 04,13.40 PM Broward County Corrirriissiori Deputy Clerk 4015 #1, 3 Pages )ace Above This Line for Recordin BOARD ORDER No. OC BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA HEARING DATE: September 28, 2016 CASE NO.3-B-16 IN RE: The Application of. City of Tamarac 7525 NW 88`h Avenue Tamarac, Florida Property Folio Identification Numbers: 494113112410 Property Legal Description: MAINLANDS OF TAMARAC LAKES SEC 5A 67-4 B AVENUES, WAYS, TERRACES, STREET, LANES, PLACE & COURTS DEDICATED TO PUBLIC PER PLAT ORDER APPROVING SIGN VARIANCE The Applicant, Heather Jo Allen, Dunay, Miskel, and Backman, designated agent for the property owner, The City of Tamarac (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development for the following variance: SIGN VARIANCE FROM SECTION 18-51(19)A, CODE OF ORDINANCES TO PERMIT A MAXIMUM HEIGHT OF EIGHT FEET (8') IN LIEU OF THE MAXIMUM HEIGHT OF SIX FEET (6') PERMITTED FOR RESIDENTIAL MONUMENT SIGNS AND FROM SECTION 18-64(1), CODE OF ORDINANCES TO ALLOW INFORMATIONAL LANGUAGE ON THE MONUMENT SIGN IN ADDITION TO THE PERMITTED COMMUNITY IDENTIFICATION LANGUAGE AND TO ALLOW THE MONUMENT SIGN TO BE LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY. Notice of the request for the Variance was given as required by law. The City Commission of the City of Tamarac ("the Commission") finds that the property located within the NW 47th Terrace right-of-way; at the intersection of West Commercial Boulevard and NW 47th Terrace, Tamarac, Florida (the "Property"). Variance Order No. 3-B-16 Pagel of 3 Temp. Board Order No. 10 Pursuant to Section 18-42 of the City of Tamarac Code of Ordinances, and following consideration of all testimony and evidence presented at the hearing on September 28, 2016 the City Commission finds as follows: 1. That the Sign Variance is not contrary to the public interest. 2. That special conditions did not result from the actions of the applicant. 3. That literal enforcement of the provisions of the sign code regulations may result in an unnecessary hardship 4. The Public Record, including sworn testimony and evidence established before and presented to the City Commission on September 28, 2016, is hereby incorporated by reference and made a part hereof. Pursuant to the authority contained in Section 24-71 of the City of Tamarac Code of Ordinances, the Applicant's request for a Variance from Section 18-51(19)a, Code of Ordinances to permit a maximum height of eight feet (8') in lieu of the maximum height of six feet (6') permitted for residential monument signs; and from Section 18-64(1), Code of Ordinances to allow informational language on the monument sign in addition to the permitted community identification language and to allow the monument sign to be located within the public right-of- way as represented in the Application, is hereby GRANTED, upon the following conditions to which the Applicant has agreed. 1. In accordance with Section 18-51(17) b. and prior to building permit issuance, provide a hold harmless agreement with the City, recorded in the Public Records of Broward County, relieving the City of any liability with respect to any action, activity or event in connection with the signage. 2. In accordance with Section 18-51(17) c. and prior to building permit issuance, provide a written agreement with the City of Tamarac agreeing to the maintenance, repair and replacement of the sign and agreeing to the removal of the sign and returning the right-of-way to a finished condition in accordance with the landscape chapter of the code, within ten (10) business days of notice through certified letter from the City. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Variance Order No. 3-B-16 Page 2 of 3 Temp. Board Order No. 10 1 1 1 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this day of ti 2016, in Tamarac, Florida. ATTEST: MIA F -PATRICf ' TEUF , CMC CITY CLERK r I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: Vwd Ak�,7At-& SAM EL S. GORE CITY ATTORNEY MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By: HAWY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER f 4 DIST 1: COMM BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM GLASSER DIST 4: COMM PLACKO Variance Order No. 3-B-16 Page 3 of 3