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HomeMy WebLinkAboutCity of Tamarac Board Order 7-B-1599 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88`t'Avenue Tamarac, Florida 33321-2401 Space Above This Line for Prowssing Data INSTR # 113336913 Recorded 11 /09/15 01:38:12 PM Broward County Commission Deputy Clerk 3150 #5, 4 Pages )ace Above This Line for Recordin BOARD ORDER BEFORE THE PLANNING BOARD CITY OF TAMARAC, FLORIDA HEARING DATE: October 7, 2015 CASE NO. #7-13-15 IN RE: The Application of. Korean United Methodist Church. 6501 W Commercial Boulevard Tamarac, Florida Property Folio Identification Number: 494110240010 Property Legal Description: PARCEL A AND B OF THE "COMMERCIAL BOULEVARD LANDS", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 105, PAGE 34 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ORDER APPROVING VARIANCE The Applicant, Alejandro Nunez, on behalf of Korean United Methodist Church of South Florida, Inc., (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development for the following variances: VARIANCE FROM SECTION 11-8(k)(6) OF THE CODE OF ORDINANCES TO ALLOW A PERIMETER LANDSCAPE AREA WIDTH OF FIVE (5) FEET BETWEEN THE EAST AND WEST PROPERTY LINES AND THE VEHICULAR USE AREA WHERE A MINIMUM OF TEN (10) FEET IS REQUIRED FOR PROPERTIES GREATER THAN ONE (1) ACRE VARIANCE FROM SECTION 11-8 ' OF THE CODE OF ORDINANCES 9— TO ALLOW A CONTINUOUS REAR BUFFER LANDSCAPE AREA DEPTH OF 3'2", ONE (1) SHADE TREE FOR EVERY FORTY (40) LINEAR FEET OR MAJOR FRACTION THEREOF, AND A CONTINUOUS HEDGE WITHIN THE BUFFER ON THE NONRESIDENTIAL SUBJECT PROPERTY THAT IS ACROSS THE NW Variance Order #7-B-15 Page 1 of 2 57 STREET RIGHT-OF-WAY FROM RESIDENTIALLY ZONED PLOTS WHERE A MINIMUM CONTINUOUS REAR BUFFER LANDSCAPE AREA DEPTH OF TWENTY-FIVE (25) FEET, A SOLID MASONRY WALL, EARTHEN BERM, OR COMBINATION THEREOF, TWO (2) TREES, WITH ONE (1) BEING A SHADE TREE, FOR EVERY THIRTY (30) LINEAR FEET OR MAJOR FRACTION THEREOF AND A CONTINUOUS HEDGE ON THE SIDE OF THE WALL OR EARTHEN BERM THAT ABUTS THE RESIDENTIAL PLOTS, AND ONE (1) SHADE TREE FOR EVERY FORTY (40) LINEAR FEET OR MAJOR FRACTION THEREOF AND A CONTINUOUS HEDGE ON THE SIDE OF THE WALL OR EARTHEN BERM THAT IS INTERIOR TO THE NONRESIDENTIAL PLOT IS REQUIRED WITHIN THE BUFFER ON THE NONRESIDENTIAL SUBJECT PROPERTY THAT IS ACROSS THE NW 57 STREET RIGHT-OF-WAY FROM RESIDENTIALLY ZONED PLOTS VARIANCE FROM SECTION 11-8(1)(1) OF THE CODE OF ORDINANCES TO ALLOW A LANDSCAPE PEDESTRIAN ZONE WIDTH OF THIRTY (30) PERCENT [7'2"] OF THE ADJACENT STRUCTURE WALL HEIGHT FOR THE TWENTY-FOUR (24) FOOT HIGH NORTH BUILDING WALL OF THE NEW SANCTUARY BUILDING THAT FACES THE VEHICULAR USE AREA AND TWENTY-ONE (21) PERCENT [7'2"] OF THE ADJACENT STRUCTURE WALL HEIGHT FOR THE THIRTY-FOUR (34) FOOT HIGH NORTH BUILDING WALL OF THE NEW SANCTUARY BUILDING THAT FACES THE VEHICULAR USE AREA WHERE A LANDSCAPE PEDESTRIAN ZONE WIDTH OF FIFTY (50) PERCENT OF THE ADJACENT STRUCTURE WALL HEIGHT IS REQUIRED FOR A WALL HEIGHT UP TO AND INCLUDING SIXTY (60) FEET ALONG THE PRIMARY FRONTAGE AND BUILDING WALLS THAT FACE A VEHICULAR USE AREA, AND TO ALLOW A LANDSCAPE PEDESTRIAN ZONE WIDTH OF TWENTY-FIVE (25) PERCENT [8'7] OF THE ADJACENT STRUCTURE WALL HEIGHT FOR THE THIRTY- FOUR (34) FOOT HIGH EAST BUILDING WALL OF THE NEW SANCTUARY BUILDING THAT FACES THE VEHICULAR USE AREA WHERE A LANDSCAPE PEDESTRIAN ZONE WIDTH OF 50% OF THE ADJACENT STRUCTURE WALL HEIGHT IS REQUIRED FOR A WALL HEIGHT UP TO AND INCLUDING SIXTY (60) FEET ALONG THE PRIMARY FRONTAGE AND BUILDING WALLS THAT FACE A VEHICULAR USE AREA VARIANCE FROM SECTION 24-578(a) OF THE CODE OF ORDINANCES TO ALLOW A DISTANCE OF 21'2" BETWEEN THE NW 57 STREET RIGHT-OF-WAY LINE AND THE REAR PARALLEL INTERIOR DRIVE WHERE A MINIMUM OF TWENTY-FIVE (25) FEET IS REQUIRED Notice of the request for the variances were given as required by law. The Planning Board of the City of Tamarac ("Board") finds that the property located at 6501 W Commercial Boulevard, Variance Order #7-B-15 Page 2 of 2 Tamarac, Florida (the "Property") is located in the B-1, Neighborhood Business, 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. 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 October 7, 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 variances from Section 11-8(k)(6), Section 11-80), Section 11-8(1)(1), and Section 24-578(a) of the Code of Ordinances, as represented in the Application, is hereby GRANTED, subject to the following condition, to which the Applicant has agreed: 1. Approval of the variance is contingent upon approval of the Major Revised Site Plan for the Korean United Methodist Church. Variance Order #7-B-15 Page 3 of 3 This document shall be recorded in the public records of Broward, County, Florida. DONE and ORDERED this day of2015, in Tamarac, Florida. PLANNING BOARD CITY OF TAMARAC, FLORIDA BO RD CHAIR PAMELA LEMELLE-GRAY ATTEST: 1 0,Y&D- 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` day of 0 Joue,( , 2015. .,;'"" Py;•. A. L CORDON ?►; s*==_ MY COMMISSION # EE 165417 a EXPIRES: August 1, 2o16 Bonded Tin Notary Public Underwriters My Commission Expires: Cy L` \AQ. NOTARY PUBLIC, STATE OF FLORIDA Variance Order #7-B-15 Page 4 of 4