HomeMy WebLinkAboutCity of Tamarac Board Order 2-B-18Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88t"Avenue
Tamarac, Florida 33321-2401
Data
INSTR # 115096432
Recorded 05/23/18 at 03:33 PM
Broward County Commission
3 Page(s)
#1
Space Above This Line for Recording
BOARD ORDER
BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
BO - 2018 -
HEARING DATE: May 2, 2018
CASE NO. 2-B-18
IN RE: The Application of: Zoning Variance
Relocation of Wireless Communication Tower @ Caporella Aquatic
9300 Northwest 58'" Street, Tamarac, Florida
Property Folio Identification Numbers: 4941 08 03 0291
Property Legal Description: LYONS INDUSTRIAL PARK 71-1 B PORTION OF PARCEL P DESC
AS:BEG SW COR PAR P,N 520.39,E 418.70, S 520.39,W 418.70 TO POB AKA: PARK PARCEL
ORDER APPROVING VARIANCE
The applicant, Richard Kasser of SBA Communications Corporation, designated
agent for the property owner, City of Tamarac (the "Applicant"), filed an application with
the City of Tamarac ("City") Department of Community Development for the following
Zoning Variance:
Relief from Code Section 24-702(b)(3) c. to allow a one hundred and
sixty-five (165) foot separation from residential zoning district where
s telecommunications towers shall not be permitted within two hundred
and fifty (250) feet of any residential zoning district.
Notice of the request for the Variance was given as required by law. The
Planning Board of the City of Tamarac ("the board") has identified that the property
located at 9300 N.W. 58 Street, Tamarac, Florida (the "Property") is located in the
S-1 (Recreational District). Pursuant to Sections 2-370, 24-702 and 24-71 of the
City of Tamarac Code of Ordinances, and following the consideration of all
testimony and evidence presented at the hearing on May 2, 2018, the Board finds
as follows:
Zoning Variance Board Order — Case No. 2-13-18 Page 1 of 3
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.
The Public Record, including sworn testimony and evidence established before and
presented to the Planning Board on May 2, 2018 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.
Zoning Variance Board Order —Case No. 2-B-18 Page 2 of 3
DONE and ORDERED thisday of i�lc�,l 2018, in
Tamarac, Florida.
PLANNING BOARD
City of TAMAR/AC, �F,lorid"aO
By:
PAMELA LEMELLE-GRAY,
BOARD CHAIR
. &1410y
Alaina Gordon, Administrative Coordinator
STATE OF FLORIDA
ME
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 NO-!
2018.
ALAINA L. GORDON
's£ Notary Public • Slate of Florida
Commission • FF 990065
Nly Comm. Expires Mg 1. 2020
••„ ,':
ppnoeG IIIIW9n National NoIYY A55n.
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
Zoning Variance Board Order— Case No. 2-B-18 Page 3 of 3