HomeMy WebLinkAboutCity of Tamarac Board Order 4-B-19Instr# 115897239 , Page 1 of 3, Recorded 06/27/2019 at 02:36 PM
Broward County Commission
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
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BOARD ORDER.
BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
BO - 2019 -
HEARING DATE: June 5, 2019
CASE NO.4-B-19
IN RE: The Application of: Bailey's Square
6150 Rock Island Road, Tamarac, Florida
Property Folio Identification Number: 494112330020 & 494112330030
Property Legal Description:
Zoning Parcel "C" and "D" of The Lakes of Carriage Hills II, according to the Plat thereof recorded
in Plat Book 123, Page 7, of the Public Records of Broward County.
ORDER APPROVING VARIANCE
The applicant Dwayne L. Dickerson, Esq., Dunay, Miskel & Backman, LLP, designated agent for
the property owner, Harvest Preparation Ministries, Inc. (the "Applicant"), filed an application
with the City of Tamarac ("City") Department of Community Development seeking approval of
the following Variances:
Variance Request 1: Section 10-2.2(C), Table 10-2.2, Code of Ordinances:
A variance from Section 10-2.2(C), Table 10-2.2, Code of Ordinances, to allow for a
maximum building length in a R-3 (Multi -Family Residential) zoning district of four hundred and
ninety-two (492) feet and eleven (11) inches in a straight line in lieu of three hundred and fifty
(350) feet in a straight line, and a maximum building length in a R-3 (Multi -Family Residential)
zoning district of seven hundred and ninety-two (792) feet and six (6) inches in three (3) wings in
lieu of six hundred (600) feet in three (3) wings.
Variance Board Order — Case No. 4-B-19 Page I of 3
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Instr# 115897239 , Page 2 of 3
Variance Request 2: Section 10-4.4(D)(5)(a)(h), Code of Ordinances:
2. A variance from Section 104.4(1))(5)(a)(ii), Code of Ordinances, to allow a
minimum width of 10.53 feet of landscaping, measured from the property line to the closest
parking stall, in lieu of fifteen (15) feet of landscaping, measured from the property line to the
closest parking stall, and a minimum width of 10.91 feet of landscaping, measured from the
property line to the parallel interior drive aisle, in lieu of twenty-five (25) feet of landscaping,
measured from the property line to the parallel interior drive aisle.
Variance Request 3: Section 10-4.6(D)(1). Code of Ordinances:
A variance from Section 10-4.6(D)(1), Code of Ordinances, to allow for a maximum of
two (2) single -loaded rows of parking and one (1) double -loaded row of parking located between
any building on the site and an adjacent public street in lieu of a maximum of one (1) double -
loaded or two (2) single -loaded rows of parking located between any building on the site and an
adjacent public street.
Notice of the request for the Variance was given as required by law. The Planning Board
of the City of Tamarac ("Board") has identified that the property located at 6150 Rock Island Road,
Tamarac, Florida (the "Property") is located in the (R-3), Multi -Family Residential Zoning
District. Pursuant to Sections 2-369, 2-370 and 10-5.4(Q) of the City of Tamarac Code of
Ordinances, and following the consideration of all testimony and evidence presented at the hearing
on June 5, 2019 the Board finds as follows:
1. That special conditions and circumstances (such as topographic conditions
or the narrowness, shallowness, or shape of the lot) pertaining to the particular
property for which the Variance is sought, that do not generally apply to other
property subject to the standard from which the Variance is sought.
2. The special conditions and circumstances referred to above are not the
result of the actions of the landowner.
3. Because of the special conditions and circumstances referred to above, the
literal application of this Code to development of the property for which the
Variance is sought would effectively deprive the landowner of rights commonly
enjoyed by other properties subject to the standard from which the Variance is
sought, and would result in unnecessary and undue hardship on the landowner.
4. The Variance would not confer any special privilege on the landowner that
is denied by law to other similarly situated properties subject to the standard from
which the Variance is sought.
5. The extent of the Variance is the minimum necessary to allow a reasonable
use of the property.
6. The Variance is in harmony with the general purpose and intent of this
Code and preserves its spirit.
7. The Variance would not adversely affect the health or safety of persons
residing or working in the neighborhood, be injurious to property or improvements
in the neighborhood, or otherwise be detrimental to the public welfare.
Variance Board Order — Case No. 4-B-19 Page 2 of 3
Instr# 115897239 , Page 3 of 3, End of Document
The Variance is consistent with the Comprehensive Plan.
Pursuant to the authority contained in Sections 2-369, 2-370 and 10-5.4 (Q) of the City of Tamarac
Code of Ordinances, the Applicant's request for the above Variances as outlined is hereby
GRANTED subject to the following conditions:
1. Approval of the variance is contingent upon approval of the application for New
Development Site Plan for Bailey's Square, Case 412-SP-18, by the City Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this 5 day of J "etie- , 2019, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
By: 4a
PAMELA LEMELLE-GRAY,
BOARD CHAIR
ATTEST:
&k"�
Alaina Gordon, Administr tive Coordinator
STATE OF FLORIDA )
COUNTY OF BROWARD )
I hereby certify that on this day, before me, appeared Planning Board Chairperson, Pamela
LeMelle-Gray, to me personally known, who acknowledged that he is the Chair of the City of
Tamarac ("City") Planning Board, a Florida municipal corporation, and that this instrument was
signed for the purposes contained on behalf of the City and by the authority of the City, and that
he further acknowledges the instrument to be the free act and deed of the Board.
Sworn to and subscribed before me this day of 1 t,t 1 2019.
4. & Q tj
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
ALA1NA L. GORDON
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Variance Board Order — Case No. 4-B-19
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