HomeMy WebLinkAboutCity of Tamarac Board Order 10-B-17�P
Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88'i'Avenue
Tamarac, Florida 33321-2401
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INSTR # 114777470
Recorded 12/14/17 at 01:42 PM
Broward County Commission
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: October 4, 2017
CASE NO. 10-B-17
IN RE: The Application of. 7-Eleven - #34942 - Tamarac
4999 North State Road 7, Tamarac, Florida
Property Folio Identification Numbers: 494113010040 & 494113230010
Property Legal Description:
Tract "A", Goett Plat, as recorded in Plat Book 130, Page 20 and a portion of Lot 9, of Section 13,
Township 49 South, Range 41 East, of Fort Lauderdale Truck Farms Subdivision, as recorded in
Plat Book 4, Page 31 and a portion of Parcel "C", The Mainlands of Tamarac Lakes, as recorded
in Plat Book 64, Page 1, all of the Public Records of Broward County, Florida and being more
particularly described as follows:
Begin at the Southeast Corner of said Tract "A"; Thence bearing South 89°31'l6" West, along the
South line of said Tract "A" and the Westerly extension thereof, a distance of 250.00 Feet to the
East line of said Parcel "C"; Thence bearing South 0l'25' 14" East, along said East line, a distance
of 43.98 Feet to the Southeast Corner of said Parcel "C" and the Point of a curve of a non -tangent
curve concave Southwesterly having a radius of 156.51 Feet and a central angle of 47°14'43" and
a chord of 125.43 Feet bearing North 25'15'02" West; Thence Northwesterly along the arc of said
curve for a distance of 129.06 Feet To The Southwest Corner of said Parcel "C"; Thence bearing
North 01°09'41" West, along the West line of said Parcel "C", a distance of 90.04 Feet to a point;
Thence bearing North 89046'49" East, a distance of 3.00 Feet to a point;
Thence bearing North 01 °09'41 " West, a distance of 18.00 Feet to a point;
Thence bearing South 89°46'49" West, a distance of 3.00 Feet to a point;
Thence bearing North 01 009'41 " West, a distance of 13.78 Feet to the South right of way line of
Commercial Boulevard;
Thence bearing South 89034'56" East, along said South right of way line, a distance of 80.60 Feet
to a point;
Thence bearing North 89°30'08" East, a distance of 19.50 Feet to a point;
Thence bearing South 01026'22" East, a distance of 9.50 Feet to a point;
Thence bearing North 89'29'13" East. a distance of 142.07 Feet to a point;
Thence bearing South 45039'05" East. a distance of 48.93 Feet to a point;
Thence bearing North 88°26'34" East, a distance of 23.50 Feet to the West right of way line State
Road No. 7;
Variance Board Order —Case No. 10-13-17 pp Page 1 of 4
'Thence bearing South 01°33'25" East, along said West right of way line, a distance of 147.03 Feet
to the point of beginning.
BOARD ORDER APPROVING VARIANCE
The applicant, Bill Pfeffer, P.E, of Bowman Consulting Group, designated agent for the property
owner, 7-Eleven, 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 24-396(a), Code of Ordinances:
A Variance from Section 24-396(a), Codes of Ordinances, to allow for a minimum lot
width of one hundred and eighty-one (181) feet in lieu of the required minimum lot width of two
hundred (200) feet.
Variance Request 2: Section 24-396(b),Code of Ordinances:
A Variance from Section 24-396(b), Codes of Ordinances, to allow for a minimum rear
yard setback of twenty-two (22) feet in lieu of the required minimum rear setback of fifty (50) feet.
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 4999 N State Road 7,
Tamarac, Florida (the "Property") is located in the B-3, General Business, Zoning District, and
following consideration of all testimony and evidence presented at the hearing on October 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.
Variance Board Order —Case No. 10-B-17 Page 2 of 4
7. The Public Record, including sworn testimony and evidence established
before and presented to the Planning Board on October 4, 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 conditions:
1. Approval of the variance is contingent upon approval of the application for
Rezoning for 7-Eleven, Case #2-Z-17, by the City Commission.
2. Approval of the variance is contingent upon approval of the application for Plat for
7-Eleven, Case #3-P-17, by the City Commission.
3. Approval of the variance is contingent upon approval of the application for Major
Revised Site Plan for 7-Eleven, Case #8-P-17, by the City Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this *1) day of Q '2017, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMARAC, FLORIDA
By:
PAMELA LEMELLE-GRAY,
BOARD CHAIR
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 O(J , 2017.
Variance Board Order —Case No. 10-B-17 Page 3 of 4
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NOTARY PUBLIC, STATE OF FLORIDA
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ALAINA L. GORDON
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Variance Board Order —Case No. 10-B-17 Page 4 of 4