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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