HomeMy WebLinkAboutCity of Tamarac Board Order 6-B-16Prepared 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 # 114387247
Recorded 05/16/17 at 02:30 PM
Broward County Commission
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: April 5, 2017
CASE NO. 6-13-16
IN RE: The Application of: Woodmont Country Club
Residential Subdivision Variance
Pods A, B,C, E, F, & G
Property Folio Identification Numbers:
Pod A: 494104260042 / 494104260041 / 4941040 10 100 (and all associated parcels)
Pod C: 494104260020 (and all associated parcels)
Pod E: 494104260040 (and all associated parcels)
Pod B, F, & G: 494104260020 / 494104280010 (and all associated parcels)
Property Legal Descriptions:
'fsm
A PARCEL OF LAND BEING A PORTION OF TRACT "D"AND TRACT
"C", LAND SEC. 4 GOLF COURSE PLAT, AS RECORDED IN PLAT
BOOK 88, PAGE 20, AND A PORTION OF A CANAL, AS RECORDED
IN OFFICIAL RECORDS BOOK 6450, PAGE 688, ALL OF THE PUBLIC
RECORD5 OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
Pod C:
A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE
41 EAST, BEING A PORTION OF TRACT "K", LAND SEC. 4 GOLF COURSE
PLAT, AS REGQRDED IN PLAI BOOK 88, PAGE 20, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Variance Board Order — Case No. 6-13-16
Pagel of 4 �.�.�
weam
A PARCEL OF LAND BEING A PORTION OF TRACT "A" AND TRACT "C",
LAND SEC. 4 GOLF COURSE PLAT, AS RECORDED IN PLAT BOOK 88, PAGE
20, AND A PORTION OF A CANAL, AS RECORDED IN OFFICIAL RECORDS
BOOK 6450, PAGE 585, AND A PORTION OF ROAD "F" AS RECORDED IN
O.R.B. 6260, PG. 614, ALL OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Pods B, F, & G:
A PORTION OF TRACT "K",
LAND SEC. 4 GOLF COURSE
PLAT,
AS
RECORDED IN PLAT BOOK
$S, PAGE 20, OF THE PUBLIC
RECORDS
OF
BROWARD COUNTY, FLORIDA,
AND A PORTION OF PARCEL
"A",
WOODMONT
RECREATION COMPLEX, AS
RECORDED IN PLAT BOOK 91,
PAGE
49, OF
THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, BEING
MORE
PARTICULARLY DESCRIBED
AS FOLLOWS:
BOARD ORDER APPROVING VARIANCE
The applicant, Scott Backman, Esq., of Dunay, Miskel & Backman, LLP, designated agent for
the property owner, Pulte Homes, LLC (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 maximum
structure height of thirty feet (30') in lieu of the required twenty five feet (25'), maximum plot
coverage of fifty seven percent (57%) in lieu of a required forty percent (40%) and maximum
plot coverage for total impervious area of sixty eight percent (68%) in lieu of the required sixty
seven percent (67%) in the R-1 Zoning District.
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 side
yards of five feet (5') for two-story homes in lieu of ten feet (10') required, minimum street
yards of twelve feet (12') in lieu of twenty feet (20') required, minimum distance between
buildings of ten feet (10') for one story homes in lieu of fifteen feet (15') required and ten feet
(10') for two story homes in lieu of twenty feet (20') required; and minimum rear yards of five
feet (5') in lieu of eight feet (8') for one story homes and minimum rear yards of ten feet (10') in
lieu of twenty five feet (25') required for two-story homes when adjacent to residentially zoned
property and thirteen feet (13') required when adjacent to S-1 Zoning in the R-1 Zoning District.
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 properties located within the existing
Woodmont Country Club Subdivision on portions of the former "Pines Course", Tamarac,
Florida (the "Properties") are located in the R-1, Single Family Residential, Zoning District, and
following consideration of all testimony and evidence presented at the hearing on April 5, 2017,
the Board finds as follows:
Variance Board Order — Case No. 6-B-16 Page 2 of 4
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 April 5, 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 subject to the
following condition:
Approval of the variance is contingent upon approval of the Plat and New Development
Site Plan for Woodmont Country Club, Case Numbers 1-P-17 and 4-SP-17 respectively.
This document shall be recorded in the public records of Broward, County, Florida.
Variance Board Order — Case No. 6-B-16 Page 3 of 4
DONE and ORDERED this, day of � , 2017, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARACLL , F,,LAAORIDA
By:�?
BOARD CHAIR
PAMELA LEMELLE-GRAY
ATTEST:
(�61 04a- (Cle�, - —
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.
Sworn to and subscribed before me this 60 day of , 2017.
— — — — — — — — — — — — -
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Notary Public • State of floride
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Variance Board Order — Case No. 6-B-16 Page 4 of 4