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HomeMy WebLinkAboutCity of Tamarac Board Order 7-B-16Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88t`Avenue Tamarac, Florida 33321-2401 Space Above This Line for Processing Data INSTR # 114279033 Recorded o312 Cto7 t1 ss an 3 PM BrowarCounty3110 Deputy Clerk #2, 3 Pages )ace Above This Line for Recordin BEFORE THE PLANNING BOARD CITY OF TAMARAC, FLORIDA HEARING DATE: March 1, 2017 CASE NO. 7-11-16 IN RE: The Application of. Southampton Fence Variance West Side of Nob Hill Road, south of N.W. 80 Street Property Folio Identification Numbers: 494105350049 (and all associated parcels) Property Legal Descriptions: Kings Pointe Replat 156-3 B part of Parcel S Desc'd in or 30929 on Pages 476 thru 481 aka: Neighborhood Assn common area Southampton Terrace, entry & buffers Southampton BOARD ORDER APPROVING VARIANCE Or The applicant, Jonathan Szydlo, of Quintessential Fences, designated agent for the property owner, South Hampton Neighborhood, Inc., (the "Applicant") filed an application with the City of Tamarac ("City") Department of Community Development seeking approval of the following M Variances: Variance Request 1: Section 24-631, Code of Ordinances: A Variance from Section 24-631, City of Tamarac Code of Ordinances, to allow for a five (5) foot high fence to be located within the fifty (50) foot required front street setback area, no closer than eight (8) feet from the property line . 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 on the west side of Nob Hill Road south of N.W. 80 Street, Tamarac, Florida (the "Property") is located in the R-4A, Planned Apartment Zoning District, and following consideration of all testimony and evidence presented at the hearing on March 1, 2017, the Board finds as follows: Variance Board Order — Case No. 7-13-16 Page 1 of 3� �.�v v a--- 1,00 c 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 March 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 subject to the following condition: 1. Installation of missing ficus hedges within the open spaces along the perimeter of the proposed fence shall be done so with a height that is acceptable to City Staff and prior to the issuance of any related Building Permits. This document shall be recorded in the public records of Broward, County, Florida. Variance Board Order — Case No. 7-B-16 Page 2 of 3 DONE and ORDERED this 1 s4 day of (1Ct f Cl" , 2017, in Tamarac, Florida. PLANNING BOARD CITY OF TAM©ARAC, FLORIDA By: ` �c.�r ` ilu{� A, PAMELA LEMELLE-GRAY, BOARD CHAIR ATTEST: Alaina Gordon, Administrative Coordinator STATE OF FLORIDA ) 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 p AIAINA L. GORDON ¢y£ Notary Public - State of FkWW •= Commission N FF "ON5 OmmAvg 1. 2020 %National os pires Mnd ' •,°; ugh Notary AssR. My Commission Expires: day of (Y)ae1L,h 52017. NOTARY PUBLIC, STATE OF FLORIDA Variance Board Order —Case No. 7-B-16 Page 3 of 3