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City of Tamarac Board Order BO-2015-01Temporary Board Order No. 05 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88`h Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data Above This Line for BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO-2015- 0 / Temp. Board Order No. 05 HEARING DATE: January 14, 2015 CASE NO. 7-B-14 IN RE: The Application of. DDRM Midway Plaza, LLC (Publix Store) 5881 North University Drive Tamarac, Florida 33321 Property Folio Identification Number: 494109370010 Property Legal Description: MIDWAY PLAZA 126-14 B PARCEL A ORDER APPROVING SIGN VARIANCE The Applicant, Gregory T. Davis, Thomas Sign & Awning, designated agent for the property owner, DDRM Midway Plaza, LLC (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development for the following Sign Variance: Sign Variance from Section 18-65(b)(2), Tamarac Code of Ordinances, to allow three (3) facade signs located on the front facade of Publix where only one (1) sign is permitted and from Section 18-51(18)(b)(4), Tamarac Code of Ordinances, to allow a facade sign to display an ancillary use of the occupant where only the primary use of the occupant is permitted; LOCATED AT 5881 North University Drive, Tamarac, Florida 33321 Notice of the request for the Sign Variance petition was given as required by law. The City Commission of the City of Tamarac ("the Commission") finds that the property located at 5881 North University Drive Tamarac, Florida (the "Property") is located in the MXD (Mixed Use District). Pursuant to Sections 2-370(f), 24-552 and 24-71 of the City of Tamarac Code of Ordinances, and following consideration of all testimony and evidence presented at the hearing on January 14, 2015, the Commission finds as follows: Variance Order #7-13-14 (MAC) Page 1 of 3 Temporary Board Order No. 05 1. 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. 2. The special conditions and circumstances do not result from the actions of the applicant. 3. That granting the Sign Variance petition 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. 4. 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. 5. That the requested Sign Variance petition is the minimum variance that will make possible the reasonable use of the land, structure or building. 6. That the granting of the Sign Variance petition will be in harmony with the general intent and purpose of the City's Land Development Regulations, and such Sign Variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 7. The Public Record, including sworn testimony and evidence established before and presented to the City Commission on January 14, 2015, is hereby incorporated by reference and made a part hereof. Pursuant to the authority contained in Sections 2-370(f), 24-552 and 24-71 of the City of Tamarac Code of Ordinances, the Applicant's request for a Sign Variance from the requirements of Section 18-65(b)(2), Tamarac Code of Ordinances, to allow three (3) facade signs located on the front facade of Publix where only one (1) sign is permitted and from Section 18-51(18)(b)(4), Tamarac Code of Ordinances, to allow a facade sign to display an ancillary use of the occupant where only the primary use of the occupant is permitted, as represented in the Application, is hereby GRANTED: Pursuant to Section 2-370(a), of the City of Tamarac Code of Ordinances, the City Attorney has prepared this Order. 2. 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. Variance Order #7-B-14 (MAC) Page 2 of 3 Temporary Board Order No. 05 - DONE and ORDERED this day of li��L�L�`� 2015, in Tamarac, Florida. MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By: A DRESSLER, MAYOR ATTEST: PATRICIA TEUFE CMC CITY CLERK RECORD OF COMMISSION VOTE: I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: MAYOR DRESSLER J DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM GLASSER DIST 4: COMM PLACKO rw 7� Variance Order #7-B-14 (MAC) Page 3 of 3