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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-005Temp Reso #10609 — December 15, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-Q6- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A MARKET WITH TAKE-OUT FOOD WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO LA RANCHERO NO. 2 LOCATED AT 5229 NORTH STATE ROAD 7 (TAMARAC SQUARE), SPECIFICALLY PARCEL 3 OF THE "LEMBO" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 81, PAGE 11 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND PARCEL "A" OF THE "LEMBO ADDITION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 95, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC, FLORIDA (CASE NO. 26-Z-04); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of the City of Tamarac provides for the granting of a special exception to allow the operation of a market with take-out food within a B-2 (Community Business District) zoning category to La Ranchero No. 2 located at 5229 North State Road 7 (Tamarac Square), specifically Parcel 3 of the "Lembo" Plat, according to the Plat thereof as recorded in Plat Book 81, Page 11 of the Public Records of Broward County, Florida; and Parcel "A" of the "Lembo Addition" Plat, according to the Plat thereof as recorded in Plat Book 95, Page 46 of the Public Records of Broward County, Florida, said lands lying Temp Reso #10609 -- December 15, 2004 Page 2 and being in the City of Tamarac, Florida; and WHEREAS, the Planning Board held a public hearing on December 15, 2004, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval ol this application; and WHEREAS, the City Commission of the City of Tamarac finds that granting the petition for special exception would be in keeping with the public health, safety, and general welfare of the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to the best interests of the citizens and residents of the City of Tamarac to grant this exception to allow the operation of a market with take-out food within a B-2 (Com Business District) zoning category to La Ranchero No. 2 located at 5229 North State 7 (Tamarac Square), specifically Parcel 3 of the "Lembo" Plat, according to the Plat as recorded in Plat Book 81, Page 11 of the Public Records of Broward County, Flo and Parcel "A" of the "Lembo Addition" Plat, according to the Plat thereof as record in Plat Book 95, Page 46 of the Public Records of Broward County, Florida, said lands lying and being in the City of Tamarac, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolu ion. 1 1 Temp Reso #10609 — December 15, 2004 Page 3 SECTION 2: That the Petition for special exception to allow the operation of a market with a take-out food within a B-2 (Community Business District) zoning category to La Ranchero No. 2 located at 5229 North State Road 7 (Tamarac Square), specifically Parcel 3 of the "Lembo" Plat, according to the Plat thereof as recorded in Plat Book 81, Page 11 of the Public Records of Broward County, Florida; and Parcel "A" of the "Lembo Addition" Plat, according to the Plat thereof as recorded in Plat Book 95, Page 46 of the Public Records of Broward County, Florida, said lands lying and being in the City of Tamarac, Florida, requested by Orquidia Lopez (Case No. 26-Z-04), is HEREBY APPROVED. SECTION 3: Conditions of approval: 1. The applicant shall be required to pay all appropriate fees associated with the special exception. 2. The special exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Temp Reso #10609 — December 15, 2004 Page 4 Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 12th day of January, 2005. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Lj ,o MITCHELL T CITY ATTORNEY com mdev\u:\pats\userdata\wpdata\res\10609reso i JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER ow-' DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 1 La Ranchero No. 2 Case No,, 26-Z-04 - TEMP RESO #10609 300 Q 300 Feet CITY COMMISSION January 12, 2005 Special Exception it CITY OF TAMARAC J. Christopher King 7525 N,W, 88th Ave, Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Community Development Facsimile: (954) 724-2453 Compiled by: tamekow ..................... ................. ............ . 00, DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS N4M k i9p, DATE: iYU�r7� C mac, pjgl / CASE NO.: �6 -, _ 0 IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO �� • n cr 11V, ,7A i-1 k2OA-D "7, I-Al2V� iC, F- ,1-13 i� (Address _ _ _ ( ess of � property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATU F OWNER: NAME/ADDRESS AND PHONE NO. � Ile—' OF DESIGNATED AGENT: (Print Name of Owner) -(Print Name of Designated Agent) Phone:�IdJ� S -d?00 _Fax: STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this 02 day of k' , 200-4, by r''%�f7A��=.`�, GL w , owner of property, who is personally known to me or has produced identification ( )and (type, of identification) who (did/did not) take an oath. �"'� r P c 5ta "' o 'da My Commission Expires: Eak OFROWA myco (Type or print name of Notary)