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HomeMy WebLinkAboutCity of Tamarac Board Order 8-B-18Instr# 115923431 , Page 1 of 3, Recorded 07/11/2019 at 02:59 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 BEFORE THE PLANNING BOARD CITY OF TAMARAC, FLORIDA This HEARING DATE: March 6, 2019 CASE NO. 8-B-18 IN RE: The Application of: Rock Island Self -Storage 5602 N. Rock Island, Tamarac, Florida Property Folio Identification Number: 494113272380 Property Legal Description: SABAL PALM BY PRESTIGE, TRACT H (FIRE STATION), according to the Plat thereof recorded in Plat Book 178, Page 71, of the Public Records of Broward County. BOARD ORDER APPROVING VARIANCE The applicant, Leigh R. Kerr, of Leigh Robinson Kerr & Associates, Inc., the designated agent for the prospective property owner, Rock Island Partners, LLC (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 10-2.3(c), Code of Ordinances: A Variance from Section 10-2.3(c), Code of Ordinances, to allow for the construction of a building 63'4" in height where a maximum of forty (40) feet is allowed. Variance Request 2: Section 10-2.3(c), Code of Ordinances: A Variance from Section 10-2.3(c) to allow for a side and rear setback of twenty feet (20) where twenty-five (25) is required by Code between commercial and residential land uses. Variance Board Order —Case No. 8-B-18 Page 1 of 3 Instr# 115923431 , Page 2 of 3 Variance Request 3: Section 10-4.4(D)(3)(c)fiii), Code of Ordinances: A Variance from Section 10-4.4(1))(3)(c)(iii) to allow for a landscape buffer twenty (20) feet in width where fifty (50) feet is required by Code between commercial and residential land uses. Variance Request 4: Section 10-4.4(D)(4)(000, Code of Ordinances: A variance from Section 10-4.4(1))(4)(c)(ii) to allow for a pedestrian zone ten (10) feet in width where nineteen (19) feet is required by Code. Variance Request 5: Section 10-4.7, Code of Ordinances: A variance from various Sections of 10-4.7 from architectural building and site design standards prescribed for developments located in the MU-N (Mixed Use Neighborhood) Zoning District as outlined in the City of Tamarac, Land Development Code. 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 5602 N. Rock Island Road, Tamarac, Florida (the "Property") is located in the (MU-N), Mixed Use Neighborhood District, and following consideration of all testimony and evidence presented at the hearing on March 6, 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. 8-B-18 Page 2 of 3 Instr# 115923431 , Page 3 of 3, End of Document The Variance is consistent with the Comprehensive Plan. Pursuant to the authority contained in Section 10-5.4 (Q) of the City of Tamarac Code of Ordinances, the Applicants' request for Variance approval as outlined is hereby GRANTED subject to the following conditions: 1. Approval of the variance is contingent upon approval of the application for Major Site Plan application for Rock Island Self -Storage, Case #17-SP-18, by the City Commission. This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this 4 day of c. i ,C , 2019, in Tamarac, Florida. PLANNING BOARD CITY OF TAMARAC, FLORIDA By: - A PAMELA LEMELLE-GRAY, BOARD CHAIR ATTEST: Alaina Gordon, Administrative Coordinator STATE OF FLORIDA ) )H 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 12019. 0."'. ,vALAINA L. GORDON Notary Public - State of Florida Commission # ff M065 NOTARY PUBLIC, STATE OF FLORIDA M Comm. Ex iris Au t, 2d20 ,�. y Snorted through National Notary Assn My Commission Expires: Variance Board Order — Case No. 8-B-18 Page 3 of 3