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Home My WebLink AboutCity of Tamarac Resolution R-2005-0261 Temp Reso #10632 — February 17, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-02/4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO PERMIT THE OPERATION OF A RESTAURANT WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO CHEDDAR'S CASUAL CAFE LOCATED AT 7951 WEST COMMERCIAL BOULEVARD, SPECIFICALLY A PORTION OF LOT 2 AND ALL LOTS 3, 4, 5 & LESS THE WEST 66 FEET OF LOT 6, BLOCK 6 OF THE "LYONS COMMERCIAL SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SUBJECT TO AN EASEMENT IN OFFICIAL RECORDS BOOK 6786, PAGE 938, BROWARD COUNTY RECORDS, ALONG WEST COMMERCIAL BOULEVARD (CASE NO. 1-Z-05); 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 restaurant within a B-2 (Community Business District) zoning category to Cheddar's Casual Cafe located at 7951 West Commercial Boulevard, specifically A Portion of Lot 2 and all Lots 3, 4, 5 & less the west 66 feet of Lot 6, Block 6 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida, subject to an easement in Official Records Book 6786, Page 938, Broward County Temp Reso #10632 — February 17, K I Records, along West Commercial Boulevard; and WHEREAS, the Planning Board held a public hearing on February 16,2005 and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval or this application; and WHEREAS, the City Commission of the City of Tamarac finds that grantino the , and petition for special exception would be in keeping with the public health, safety,l', general welfare of the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to Pe in the best interest of the citizens and residents of the City of Tamarac to grant this s cial exception to allow the operation of a restaurant within a B-2 (Community Business District) zoning category to Cheddar's Casual Cafe located at 7951 West Commd rcial Boulevard, specifically A Portion of Lot 2 and all Lots 3, 4, 5 & less the west 66 feet (if Lot 6, Block 6 of the "Lyons Commercial Subdivision" Plat, according to the Plat there, f as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, FIC rida, subject to an easement in Official Records Book 6786, Page 938, Broward Records, along West Commercial Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratifi unty E and confirmed as being true and correct and are hereby made a specific part of this Resolotion. I Temp Reso #10632 — February 17, 2005 Page 3 SECTION 2: That the Petition for special exception to allow the operation of a restaurant within a B-2 (Community Business District) zoning category to Cheddar's Casual Cafe located at 7951 West Commercial Boulevard, specifically A Portion of Lot 2 and all Lots 3, 4, 5 & less the west 66 feet of Lot 6, Block 6 of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida, subject to an easement in Official Records Book 6786, Page 938, Broward County Records, along West Commercial Boulevard, requested by Erik Wilczek (Case No. 1-Z-05), is HEREBY APPROVED subject to the following conditions. 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 Resolution. SECTION 6: adoption. Temp Reso #10632 — February 17, 12 This Resolution shall become effective immediately Opon PASSED, ADOPTED AND APPROVED this 23rd day of February, 2005. ATTEST: J MARION S�VENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHE�jk S. CITY ATTO commdev\u:\pats\userdata\wpdata\res\1 0632reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TA DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I CHEDDAR'S CASUAL CAFE CASE NO. I -Z-05 - TEMP RESO #10632 300 0 300 Feet 1!�6 mm""I CITY COMMISSION February 23, 2005 Special Excepfion Compiled by: paigem CITY OF TAMARAC J. Christopher King 7525 N.W. Beth Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Community Development Facsimile; 724-2453 N DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: 0S, 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. —Erik Wilczek WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Erik Wilczek HAS MY PERMISSION TO ACT AS MY AGENT IN 7kLL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 7951 Commercial Boulevard (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Al- Aft tel�., q6ATC-�: W744W)� (Print Name of Owner) NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Erik Wilczek (Print Name of Designated Agent) 51 00_NW_33rd_AVe.,_Ste._1 57 Ft.—Lauderdale,—FL-33309 STATE OF FLORIDA: Phone:_A4-739.2233 Fax:954-739-2247 COUNTY OF BROWARD: Thq foregoing instru ent was acknpwledaed before me this Z2 cl day of 1%10rv&lnk� 'IT! -, 200 , by -JIg 1.214d%,- J ownevf operty, who is _,� P personally known to me or has produced identification 0,1Z )and who (did/did not) take an oath. (type of Identification) My Commission Expires: . tJggf1f,%rIda IV Commission #DD27 1015 F_xpi,es. Doc 01, 2007 Bonded Thm (T y p e'; 5 F$ r I n th N M 9 16 FN o 'ta r y)