HomeMy WebLinkAboutCity of Tamarac Board Order 9-B-16r
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88"' Avenue
Tamarac, Florida 33321-2401
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iNSTR # 114279032
Recorded 03/23/17 12.43.53 PM
Broward County Corntnission
Deputy Clerk 3110
#1, 3 Pages
)ace Above This Line for Recordin
BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: February 1, 2017
CASE NO. 9-B-16
IN RE: The Application of. Tamarac Daycare
5100 W Commercial Boulevard, Suite 1&2, Tamarac, Florida
Property Folio Identification Numbers: 494113140010
Property Legal Description:
Parcel A, Burkard Office Plaza, according to the plat thereof, recorded in Plat Book 80, Page 47,
of the Public Records of Broward County, Florida.
BOARD ORDER APPROVING VARIANCE
The applicant, Joseph B. Kaller, of Joseph B. Kaller & Associates, designated agent for the
property owner, Facility of Fort Lauderdale, LLC, (the "Applicant") filed an application with the
City of Tamarac ("City") Department of Community Development seeking approval of the
following Variance:
Variance Request: Section 12-193, Code of Ordinances:
A Variance from Section 12-193, Codes of Ordinances, to permit the installation and use of
an outdoor play area, in the required twenty five (25) foot rear yard setback.
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 5100 W Commercial
Boulevard, Suite 1 & 2, Tamarac, Florida (the "Property") is located in the B-1, Neighborhood
Business, Zoning District, and following consideration of all testimony and evidence presented at
the hearing on February 1, 2017, the Board finds as follows:
Variance Board Order - Case No. 9-13-16 Pagel of 3 t' )
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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 February 1, 2017, 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 Applicants' request for Variance approval as outlined is hereby GRANTED.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this day of r , 2017, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAM C, FLORIDA
By/
BOARD CHAIR
PAMELA LEMELLE-GRAY
Variance Board Order —Case No. 9-B-16 Page 2 of 3
ATTEST:
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Alaina Gordon, Administrative Coordinator
STATE OF FLORIDA )
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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 day of -{'�ucAL��l , 2017.
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NOTARY PUBLIC, STATE OF FLORIDA
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Variance Board Order — Case No. 9-B-16 Page 3 of 3