HomeMy WebLinkAboutCity of Tamarac Board Order 1-B-18_r
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t - Prepared by and Return to:
Sam Goren
City Attorney
CITY OF TAMARAC
7525 NW 88'Avenue
Tamarac, Florida 33321-2401
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INSTR # 115096433
Recorded 05/23/18 at 03:33 PM
Broward County Commission
4 Page(s)
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BEFORE THE PLANNING BOARD
CITY OF TAMARAC, FLORIDA
HEARING DATE: October 4, 2017
CASE NO. 1-B-18
IN RE: The Application of. Commercial Boulevard Medical Office CE (MD Now)
4640 West Commercial Boulevard, Tamarac, Florida
Property Folio Identification Number: 494113010091
Property Legal Description:
A PORTION OF TRACT 7 OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION
13, TOWNSHIP 49 SOUTH, RANGE 41 EAST," ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF PARCEL "B" "MACCARI'S OFFICE
PLAZA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 81, PAGE 22,
OF SAID THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID POINT LYING ON
THE NORTHEASTERLY RIGH T-OF-WAY LINE OF NW 50TH COURT AS SHOWN ON THE PLAT
OF "THE MAINLANDS OF TAMARAC LAKES SECTION 5-A", ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 67, PAGE 4, OF SAID PUBLIC RECORDS; THENCE
NORTH 38033'14" WEST, ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE 150.00 FEET
TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE EASTERLY; THENCE
NORTHERLY, ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, WITH A
CENTRAL ANGLE OF 90000'00" AND AN ARC DISTANCE OF 39.27 FEET TO A POINT OF
TANGENCY ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF NW 47TH TERRACE AS
SHOWN ON SAID PLAT OF "MAINLAND OF TAMARAC LAKE SECTION 5-A"; THENCE
NORTH 51 °26'46" EAST, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 93.00 FEET;
THENCE SOUTH 83033'25" EAST ALONG THE SOUTHERLY LINE OF RIGHT-OF-WAY PARCEL
NO 7 AS RECORDED IN OFFICIAL RECORDS BOOK 7347, PAGE 803 OF SAID PUBLIC
RECORDS, 3 5.3 5 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID RIGHT-OF-WAY
PARCEL 7, SAID LINE BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF WEST
COMMERCIAL BOULEVARD (STATE ROAD NO. 870) AS SHOWN ON THE FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 86014-MAINT.(1),
SHEET 4 OF 10; THENCE SOUTH 38133'14" EAST ALONG SAID RIGHT-OF-WAY LINE 150.01
FEET TO THE INTERSECTION WITH THE NORTHWESTERLY LINE OF AFOREMENTIONED
PARCEL "B", "MACCARI'S OFFICE PLAZA"; THENCE SOUTH 51026'46" WEST ALONG SAID
NORTHWESTERLY LINE 143.00 FEET TO THE POINT OF BEGINNING.
Variance Board Order — Case No. 1-B-18 Page 1 of 4
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY,
FLORIDA, CONTAINING 24,578 SQUARE FEET (0.5642 ACRES).
BOARD ORDER APPROVING VARIANCE
The applicant, Dennis D. Mele, Esq., of Greenspoon Marder, designated agent for the property
owner, 4640 Commercial 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 11-80)(3), Code of Ordinances:
A Variance from Section 11-80)(3), Tamarac Codes of Ordinances, to allow for a
minimum continuous depth of 16.91 feet of landscape area and omittance of a solid masonry wall
or earthen berm for a B-1 zoned property that is across a road right-of-way from a residentially
zoned plot in lieu of a minimum required continuous depth of twenty-five (25) feet of landscape
area and a required solid masonry wall or earthen berm for a B-1 zoned property that is across a
road right-of-way from a residentially zoned plot.
Variance Request 2: Section 11-8(m)(1), Code of Ordinances:
A Variance from Section 11-8(m)(1), Tamarac Codes of Ordinances, to allow for at least
four (4) feet of landscaping between the vehicular use area and the adjacent right-of-way in lieu of
at least fifteen (15) feet of landscaping required between the vehicular use area and the adjacent
right-of-way.
Variance Request 3: Section 24-328(a), Code of Ordinances:
A Variance from Section 24-328(a), Tamarac Codes of Ordinances, to allow for a
minimum lot depth of one hundred and seventy-five (175) feet in lieu of a minimum required lot
depth of two hundred (200) feet.
Variance Request 4: Section 24-348(b), Code of Ordinances:
A Variance from Section 24-348(b), Tamarac Codes of Ordinances, to allow for a to allow
for a minimum street yard setback of 16.91 feet on NW 50 Court in lieu of a minimum required
street yard setback of fifty (50) feet.
Variance Request 5: Section 24-348(b), Code of Ordinances:
A Variance from Section 24-348(b), Tamarac Codes of Ordinances, to allow for a
minimum street yard setback of 47.85 feet on NW 47 Terrace in lieu of a minimum required street
yard 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 4640 W Commercial
Boulevard, Tamarac, Florida (the "Property") is located in the B-1, Neighborhood Business,
Zoning District, and following consideration of all testimony and evidence presented at the hearing
on April 4, 2018, the Board finds as follows:
Variance Board Order —Case No. 1-B-18 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 4, 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 subject to the
following conditions:
1. Approval of the variance is contingent upon approval of the application for Plat for
Commercial Boulevard Medical Office CE (MD Now), Case #7-P-17, by the City
Commission.
2. Approval of the variance is contingent upon approval of the application for New
Development Site Plan for Commercial Boulevard Medical Office CE (MD Now), Case
#21-SP-17, by the City Commission.
This document shall be recorded in the public records of Broward, County, Florida.
DONE and ORDERED this day of "e:A , 2018, in Tamarac, Florida.
PLANNING BOARD
CITY OF TAMAR,AAC°, FLORIDA
By. —
PAM LA LEMELLE-GRAY,
BOARD CHAIR
Variance Board Order — Case No. 1-B-18 Page 3 of 4
ATTEST:
0'",
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 "1
�a��;'�w.,• ALAINA L. GORDON
M = Noluy Public •State of Florida
• • ° Commission M FF 990065
My Cbmm. Expires Aug 1, 2020
Bonded through National Notary Assn
My Commission Expires:
day of r � , 2018.
NOTARY PUBLIC, STATE OF FLORIDA
Variance Board Order — Case No. 1-B-18 Page 4 of 4