HomeMy WebLinkAboutCity of Tamarac Board Order 4-B-15Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88t'Avenue
Tamarac, Florida 33321-2401
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INSTR # 113336910
Recorded 11/09/1501:38:12 PM
Broward County Cornmission
Deputy Clerk 3150
#2, 4 Pages
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BOARD ORDER
BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: August 5, 2015
CASE NO. #4-B-15
IN RE: The Application of. Golfview Townhomes.
8400 McNab Road
Tamarac, Florida
Property Folio Identification Numbers: 494109060120
Property Legal Description:
A PORTION OF PARCEL "R" OF WOODLAND LAKES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 71, PAGE 18, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY Y DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "R", THENCE NORTH
89 DEGREES 0 F 50" WEST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF MCNAB
ROAD, A DISTANCE OF 380.00 FEET; THENCE SOUTH 00 DEGREES 58' 10" WEST, A
DISTANCE OF 296.27 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL
"R", THENCE NORTH 53 DEGREES 01' 38" EAST ALONG THE EASTERLY LINE OF
SAID PARCEL "R", A DISTANCE OF 481.85 FEET TO THE POINT OF BEGINNING,
LESS AND EXCEPT THEREFROM THAT PORTION THEREOF CONVEYED TO
BROWARD COUNTY BY VIRTUE OF THAT CERTAIN WARRANTY DEED FROM 8400
MCNABB, LLC DATED MARCH 27, 2008, RECORDED JUNE 13, 2008 IN OFFICIAL
RECORDS BOOK 45446 AT PAGE 1246; MORE PARTICULARLY DESCRIBED AS
�- FOLLOWS:
C�
A PORTION OF PARCEL "R" OF WOODLAND LAKES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 71, PAGE 18, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, THAT PORTION OF PARCEL "R" BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Variance Order #4-B-15 Pagel of 4
t1 r
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "R", THENCE SOUTH
53 DEGREES 01' 58" WEST ALONG THE SOUTHEAST LINE OF SAID PARCEL "R", A
DISTANCE OF 3.25 FEET; THENCE NORTH 89 DEGREES 01' 50" WEST ALONG ALINE
2 FEET SOUTH OF THE NORTH LINE OF SAID PARCEL "R", A DISTANCE OF 377.51
FEET; THENCE NORTH 00 DEGREES 58' 10" EAST, A DISTANCE OF 2.00 FEET;
THENCE SOUTH 89 DEGREES 01' 50" EAST, ALONG SAID NORTH LINE OF PARCEL
"R", A DISTANCE OF 380.07 FEET TO THE POINT OF BEGINNING.
ORDER APPROVING VARIANCE
The Applicant, William W. Riley, on behalf of Tocasna Investment, LLC, (the
"Applicant") filed an application with the City of Tamarac ("City") Department of Community
Development for the following variance:
VARIANCE FROM SECTION 11-8(K)(6) OF THE CODE OF
ORDINANCES TO REDUCE THE MINIMUM WIDTH OF THE
LANDSCAPE AREA (OPEN SPACE) REQUIRED BETWEEN THE WEST
PROPERTY LINE AND THE VEHICULAR USE AREA, IN PROPERTIES
GREATER THAN ONE (1) ACRE, FROM TEN (10) FEET TO NINE (9)
FEET AND THREE (3) INCHES AND FROM SECTION 11-8(M)(1)A. OF
THE CODE OF ORDINANCES TO REDUCE THE MINIMUM WIDTH
OF LANDSCAPING (OPEN SPACE) REQUIRED BETWEEN THE
ADJACENT PUBLIC RIGHT-OF-WAY, W MCNAB ROAD, AND THE
VEHICULAR USE AREA FROM FIFTEEN (15) FEET TO ELEVEN (11)
FEET AND SIX (6) INCHES
Notice of the request for the variance was given as required by law. The Planning Board of
the City of Tamarac ("Board") finds that the property located at 8400 W McNab Road, Tamarac,
Florida (the "Property") are located in the R-3, Low Density Multifamily Residential, Zoning
District. Pursuant to Section 24-71 of the City of Tamarac Code of Ordinances, 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.
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.
Variance Order #4-B-15 Page 2 of 4
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 a variance from Section 11-8(k)(6) of the Code of
Ordinances to reduce the minimum width of the landscape area (open space) required between
the west property line and the vehicular use area, in properties greater than one (1) acre, from ten
(10) feet to nine (9) feet and three (3) inches and from Section 11-8(m)(1)a. of the Code of
Ordinances to reduce the minimum width of landscaping (open space) required between the
adjacent public right-of-way, W McNab Road, and the vehicular use area from fifteen (15) feet
to eleven (11) feet and six (6) inches, as represented in the Application, is hereby GRANTED,
subject to the following conditions, to which the Applicant has agreed:
1. Approval of the variance is contingent upon approval of the New Development Site
Plan for Golfview Townhomes.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this day of (J LA)C,( , 2015, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
By: lUl - `
BOA CHAIR O
PAMELA LEMELLE-GRAY
Variance Order #4-B-15 Page 3 of 4
ATTEST:
Alaina Gordon, Administrative Coordinator
STATE OF FLORIDA )
)H
COUNTY OF BROWARD )
I hereby certify that on this day, before me, appeared Planning Board Chair, 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 t� C day of '6, , 2015.
;ti�pY Py A. L GORDON
MY COMMISSION # EE 185417
EXPIRES: August 1, 2016
Bonded Thru Notary Public Underwriters
My Commission Expires:
Ch. �u -
NOTARY PUBLIC, STATE OF FLORIDA
Variance Order #4-B-15 Page 4 of 4