HomeMy WebLinkAboutCity of Tamarac Board Order 2-B-15Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 881h Avenue
Tamarac, Florida 33321-2401
Space Above This Line for Processing Data
INSTR # 113336909
Recorded 11i0gli5 01:38:12 PM
Broward County Conunission
Deputy Clerk 3150
#1, 4 Pages
)ace Above This Line for Rec
BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: August 5, 2015
CASE NO. 2-B-15
IN RE: The Application of. Central Parc South
South Side of Commercial Boulevard west
of the Florida Turnpike, Tamarac, Florida
Property Folio Identification Numbers: 494113272480 (and all associated parcels)
Property Legal Descriptions:
A portion of Sabal Palm By Prestige Plat as Recorded in Plat Book 178, Page 71 of the public
records of Broward County, Florida.
ORDER APPROVING VARIANCE
The Applicant, Scott Backman, Esq., Dunay, Miskel, Backman & Blattner, LLP
Designated Agent for the property owner, SPL Holdings, LLC, and SPL South Holdings, 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: Dimensional Variance:
Variance from City Code Section 24-101, Table 1, permitting a minimum lot width of
twenty-three feet (23') in lieu of the required sixty foot (60') minimum lot width, minimum lot
depth of eighty-one feet (81') in lieu of the required one hundred foot (100') minimum lot depth,
an overall minimum lot size of three thousand one hundred eighty (3,180) square feet in lieu of
the six thousand (6,000) square foot minimum lot size and maximum plot coverage of fifty
percent (50%) in lieu of the required forty percent (40%) maximum plot coverage.
("Dimensional Variance").
Variance Board Order — Case No. 2-13-15 Page 1 of 4
3 S- r.7
.i,r C"101,
'C
Variance Request 2(a): SFR Side Setback Variance:
Variance from City Code Section 24-101, Table 2, to allow: Minimum side setbacks
ranging from five feet (5') to six and eight -tenths feet (6.8') for lots 60-199 in lieu of the
minimum ten foot (10') wide side setback required. ("SFR Side Setback Variance").
Variance Request 2(b): Side Street Setback Variance:
Variance relating to the minimum side street setbacks of sixteen and two -tenths feet
(16.2') and sixteen feet (16') for lots 132 and 141, respectively, in lieu of the minimum twenty
foot (20') side street setback required. ("Side Street Setback Variance")
Variance Request 2(c): ZLL Side Setback Variance:
Variance relating to the minimum side setbacks ranging from six feet (6') to twelve and
two -tenths feet (12.2') on the non -zero side of lots 1-59 and lots 200-243 in lieu of the minimum
fifteen foot (15') side setback required. ("ZLL Side Setback Variance")
Variance Request 2(d): Rear Setback Variance:
Variance relating to the minimum rear setbacks ranging from ten feet and ten inches (10'-
10") to twenty-four feet and six inches (24%6") in lieu of the required twenty-five foot (25') rear
setback ("Rear Setback Variance")
Variance Request 2(e): ZLL Roof OverhanE Variance:
Variance from City Code Section 24-101, Table 2, Footnote 1(a), allowing roof
overhangs to encroach over the property line on the zero lot line side of lots 1-59 and 200-243.
("ZLL Roof Overhang Variance")
Variance Request 3: Driveway Setback Variance:
Variance from City Code Section 24-580(e)(4) to allow a zero foot (0') side yard setback
for driveways on lots 1-59 and lots 200-243 in lieu of the minimum three foot (3') side setback
required for driveways. ("Driveway Setback Variance")
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 properties located on the south side of
Commercial Boulevard west of the Florida Turnpike, Tamarac, Florida (the "Properties") are
located in the R-3, Low Density Multifamily Residential, Zoning District, and following
consideration of all testimony and evidence presented at the hearing on August 5, 2015, the
Board finds as follows:
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.
Variance Board Order — Case No. 2-B-15 Page 2 of 4
2. The special conditions and circumstances do not result from the actions of
the applicant.
3. That granting the variance requested 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 variance is the minimum variance that will make
possible the reasonable use of the land, structure or building.
6. That the granting of the variance will be in harmony with the general
intent and purpose of the City's Land Development Regulations, and such
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 Planning Board on August 5, 2015 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 Variance approval as outlined is hereby GRANTED.
This document shall be recorded in the public records of Broward, County, Florida.
Variance Board Order — Case No. 2-B-15 Page 3 of 4
DONE and ORDERED this I"
day of U--�Gbef 2015, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
By:
BOARD CHAIR
PAMELA LEMELLE-GRAY
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
A. L GORDON
MY COMMISSION # EE 185417
•, P EXPIRES: August 1, 2016
Z pf h?t'' Bonded Thru Notary Public Underwriters
My Commission Expires:
t�� day of 'lL , 2015.
NOTARY PUBLIC, STATE OF FLORIDA
Variance Board Order — Case No. 2-B-15 Page 4 of 4