HomeMy WebLinkAboutCity of Tamarac Board Order 5-B-16Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88`t'Avenue
Tamarac, Florida 33321-2401
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INSTR # 114215292
Recorded 02/17/17 02:41:08 PM
Broward County Commission
Deputy Clerk 3075
#1, 3 Pages
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: January 4, 2017
CASE NO. 5-11-16
IN RE: The Application of. 7-Eleven- #38035- Tamarac
3101 W Commercial Boulevard, Tamarac, Florida
Property Folio Identification Numbers: 494218100010
Property Legal Description:
Parcel A, Amoco at Commercial Boulevard, according to the plat thereof, recorded in Plat Book
92, Page 12, of the Public Records of Broward County, Florida.
BOARD ORDER APPROVING VARIANCE
The applicant, Bill Pfeffer, RE, of Bowman Consulting Group, designated agent for the property
owner, Quantum XIV Developments USA, Inc., (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 5-166(d)(7), Code of Ordinances:
A Variance from Section 5-166(d)(7), Codes of Ordinances, to allow for a side setback of
seventeen and one half (17.5) feet for the exterior trash enclosure in lieu of a side setback equal
to the side setback dimension required for the principal building of twenty-five (25) feet.
Variance Request 2: Section 11-8(m)(3), Code of Ordinances:
A Variance from Section 11-8(m)(3), Codes of Ordinances, to allow for the devotion of
interior landscaping equal to twelve (12) percent of the total vehicular use area in lieu of interior
landscaping equal to fifteen (15) percent of the total vehicular area required.
Variance Board Order — Case No. 4-B-16 Pagel of 3
Variance Request 3: Section 24-348(a), Code of Ordinances:
A Variance from Section 24-348(a), Codes of Ordinances, to allow for a minimum lot
area of 0.76 acres, a minimum lot width of 181.33 feet, and a minimum lot depth of one hundred
and eighty-six (186) feet in lieu of a minimum lot width of one (1) acre, a minimum lot width of
two hundred (200) feet, and a minimum lot depth of two hundred (200) feet respectively
required.
Variance Request 4: Section 24-348(b), Code of Ordinances:
A Variance from Section 24-348(b), Codes of Ordinances, to allow for a minimum side
(interior) yard setback of 9.9' in lieu of a minimum side (interior) yard setback of twenty-five
(25) feet required.
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 3101 W Commercial
Boulevard, Tamarac, Florida (the "Property") is located in the B-2, Planned Community
Business, Zoning District, and following consideration of all testimony and evidence presented at
the hearing on January 4, 2017, 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 January 4, 2017, is hereby
incorporated by reference and made a part hereof.
Variance Board Order — Case No. 4-B-16 Page 2 of 3
Pursuant to the authority contained in Section 24-71 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
Special Exception for 7-Eleven, Case #2-Z-16, by the City Commission.
2. Approval of the variance is contingent upon approval of the application for New
Development Site Plan for 7-Eleven, Case #21-SP-16, by the City Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this 1 day of GW , 2017, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
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,
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 YA.,iIAa , 2017.
ALAINA L. WOMON
Notary Public - State of Florid,
•= Commission N FF 990065
My Comm. Expires Aug 1. 2020
Bonded through Natiunal Notary Assn.
My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA
Variance Board Order — Case No. 4-B-16 Page 3 of 3