HomeMy WebLinkAboutCity of Tamarac Board Order 8-B-15A
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88 h Avenue
Tamarac, Florida 33321-2401
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INSTR # 113533140
Recorded 02/24/16 09:36:00 AM
Broward County Corrunissiorl
Deputy Clerk 3150
#2, 4 Pages
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: January 6, 2016
CASE NO. 8-11-15
IN RE: The Application of. Trails at Central Parc
South of West Commercial Boulevard, adjacent to
East of the Florida Turnpike, Tamarac, Florida
Property Folio Identification Numbers: All associated parcels of 494113290000
Property Legal Descriptions:
Plat of "Palm Cove" as Recorded in Plat Book 181, Page 157 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, Palm Cove Holdings, LP, (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 24-101, Table 1, Code of Ordinances:
A variance from Section 24-101, Table 1, Codes of Ordinances, to allow a minimum lot size of
2,818 square feet in lieu of the required twenty-two thousand (22,000) square foot minimum lot
size, a minimum lot width of twenty-eight (28) feet in lieu of the required two hundred (200) foot
minimum lot width, a minimum lot depth equal to one hundred and one (101) feet in lieu of the
required one hundred and ten (110) foot minimum lot depth and maximum plot coverage for two
(2) floor buildings of 50.2 percent in lieu of the required thirty (30) percent maximum plot
coverage.
Variance Board Order — Case No. 8-B-15
Page 1 of 4 (11 l
Variance Request 2• Section 24-101, Table 2, Code of Ordinances:
A variance from Section 24-101, Table 2, Code of Ordinances, to allow minimum street yard
setbacks of twenty (20) feet on Lots 1 — 212, 15.2 feet on Lot 213 and 17.1 feet on Lot 214 in
lieu of the required twenty-five (25) foot street yard setback, minimum side yard setback of zero
(0) feet on Lots 1-214 in lieu of the minimum ten (10) foot side yard setback required, minimum
rear yard setback of 16.5 feet in lieu of the required twenty-five (25) foot rear yard setback,
minimum distance of five (5) feet between buildings in lieu of the required twenty (20) feet
between buildings for Lots 1-213, and a variance to allow r— f overhangs to encroach over the
side property line of Lots 1-213.
Variance Request 3: Section 24-250, Code of Ordinances:
A variance from Section 24-250(8)b. and 24-250(10), Code of Ordinances, to allow a minimum
of five (5) feet between structures in lieu of the required twenty (20) feet between structures and
to allow a minimum setback of twenty (20) feet for the Cabana building on Tract "R-1" from the
NW 48 Avenue right-of-way in lieu of the required twenty-five (25) foot setback from any
public road, respectively.
Variance Request 4• Section 24-580(e)(4), Code of Ordinances:
A variance from Section 24-580(e)(4), Code of Ordinances, to allow a driveway setback of 1.4
feet for the Chelsea single-family residential model, Unit "C", in lieu of the minimum three (3)
foot aide yard setback required for driveways.
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 south of West Commercial
Boulevard, adjacent to the east of the Florida Turnpike, Tamarac, Florida (the "Property") is
located in the R-3, Low Density Multifamily Residential, Zoning District, and following
consideration of all testimony and evidence presented at the hearing on January 6, 2016, 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 Board Order — Case No. 8-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 January 6, 2016 is hereby
incorporated by reference and made apart 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 subject to the
following conditions:
1. Approval of the variance is contingent upon approval of the proposed Trails at Central
Parc plat, Case #3-P-15, by the City of Tamarac and Broward County, and recordation of
the approved plat in the Public Records of Broward County at the applicant's expense.
2. Approval of the variance is contingent upon approval of the Major Revised Site Plan for
the Trails at Central Parc, Case #32-SP-15.
This document shall be recorded in the public records of Broward, County, Florida.
Variance Board Order — Case No. 8-B-15 Page 3 of 4
DONE and ORDERED this day of b� , 2016, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
By:
BOARD CHAIR
PAMELA LEMELLE-GRAY
ATTEST:
i
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.
Swornto and subscribed before me this day of rCID(fut.a LLI , 2016.
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A. L GORDON
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MY COMMISSION # EE 185417
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EXPIRES: August 1 2016
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My Commission Expires:
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Variance Board Order — Case No. 8-B-15 Page 4 of 4