HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-262F
August 30, 2000 - Temp Reso #9106
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, GRANTING A SPECIAL
EXCEPTION TO ALLOW THE ON -SITE
CONSUMPTION OF ALCOHOLIC
BEVERAGES (INCLUDING THE SALE OF
BEER AND WINE) AS AN ACCESSORY USE
TO A PROPOSED RESTAURANT IN A B-1
(NEIGHBORHOOD BUSINESS DISTRICT)
ZONING CATEGORY TO MAMMA LUCIA
RESTAURANT, LOCATED AT 8695 WEST
MCNAB ROAD (COLONY WEST SHOPPING
CENTER); SPECIFICALLY PARCEL "B" OF
THE "COLONY WEST SHOPPING PLAZA"
PLAT, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK
84, PAGE 25 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA; CASE
NO.9-Z-00; PROVIDING FOR CONDITIONS
OF APPROVAL; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 24-434 of the Code of Ordinances of the City of Tamarac
provides for the operation of a restaurant in a B-1 Zoning District subject to the granting of
a Special Exception; and
WHEREAS, on April 24, 1991 the City Commission adopted Resolution No. R-91-70
(attached hereto as Exhibit "1 ") approving a Special Exception to operate a restaurant at
8695 West McNab Road and providing for the administrative transfer of said Special
Exception; and
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August 30, 2000 - Temp Reso #9106 2
WHEREAS, the applicant has paid all applicable fees and submitted all necessary
documents to transfer the Special Exception to permit the operation of a restaurant and
City staff has transferred said Special Exception to permit the operation of a restaurant at
8695 West McNab Road; and
WHEREAS, the Code of the City of Tamarac provides for the granting of a special
exception to allow the on -site consumption of alcoholic beverages (including the sale of
beer and wine) as an accessory use to a permitted use in a B-1 (Neighborhood Business
District) zoning category; and
WHEREAS, on September 30, 1985 the City Commission of the City of Tamarac
adopted Resolution No. R-85-300 (attached hereto as Exhibit "2") approving a Special
Exception to allow the on -site consumption of beer and wine at a restaurant located at
8695 West McNab Road and requiring approval of the City Commission prior to
transferring said Special Exception; and
WHEREAS, Mamma Lucia Restaurant has requested approval of a Special
Exception to allow for the on -site consumption of alcoholic beverages (including the sale of
beer and wine) as an accessory use to a proposed restaurant located at 8695 West McNab
Road (Colony West Shopping Center); specifically Parcel "B" of the "Colony West
Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25
of the Public Records of Broward County, Florida; and
WHEREAS, the Planning Board held a public hearing on September 6, 2000,
thereon and has recommended approval of this application; and
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August 30, 2000 - Temp Reso #9106 3
WHEREAS, the Director of Community Development recommends approval of 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 be in
the best interests of the citizens and residents of the City of Tamarac to grant this special
exception to allow the on -site consumption of alcoholic beverages (including the sale of
beer and wine) as an accessory use to a proposed restaurant in a B-1 (Neighborhood
Business District) zoning category to Mamma Lucia Restaurant, located at 8695 West
McNab Road (Colony West Shopping Center); specifically Parcel "B" of the "Colony West
Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25
of the Public Records of Broward County, 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 Resolution.
SECTION 2: That the Petition for special exception to allow the on -site
consumption of alcoholic beverages (including the sale of beer and wine) as an accessory
August 30, 2000 - Temp Reso #9106 4
use to a proposed restaurant in a B-1 (Neighborhood Business District) zoning category to
Mamma Lucia Restaurant, located at 8695 West McNab Road (Colony West Shopping
Center); specifically Parcel "B" of the "Colony West Shopping Plaza" Plat, according to the
Plat thereof as recorded in Plat Book 84, Page 25 of the Public Records of Broward
County, Florida, requested by RafFaele Scatamacchia; Case No. 9-Z-00, 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
Resolution.
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August 30, 2000 - Temp Reso #9106 5
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this c0 day of A, 2000.
ATTEST: '
MARION S' ISON
CITY'tLERK
I HEREBY CERTIFY that I
have1121ON
ved this
R�Sas to f0ft.
ITCHELL SLXRAF
CITY ATTORNEY
commdev\u:\pats\u serdata\wpd ata\res\9106 reso
.A
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER,.,.........
DIST 1: COMM. PORTNER..,,,
DIST 2: COMM. MISHKIN --.
DIST 3: COMM. SULTANOF.
DIST 4: VIM ROBERTS
0
y .
Temp. Reso, $6038
3
CITY OF TAMARAC, FLORIDA
S RESOLUTION NO. R-91-70--
A RESOLUTION TRANSFERRING A SPECIAL USE
EXCEPTION FOR THE FIVE STAR RESTAURANT
7 IN THE SHOPS OF TAMARAC AT 8695 W.
MCNAB TAMARAC; AND PROVIDING AN
r EFFECTIVE DATE.
30 WHEREAS, the City Council previously approved the Special
21 Use Exception for a restaurant; and
32 WHEREAS, the City Council wishes to transfer said Special
13 Use Exception to the new owner of the restaurant located in The
34 Shops of Tamarac, 8695 W. McNab Road, Tamarac.
35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
36 TAMARAC, FLORIDA:
17 SECTION l: The Special Use Exception for a restaurant is
1� HEREBY TRANSFERRED for the Five Star Restaurant located in The Shops
1• of Tamarac, 8695 W. McNab Road, Tamarac.
2[ SECTIOTJ 2: The following conditions shall apply:
23 A. The applicant shall be required to pay all appropriate admin-
22 istrative fees and submit the required documents associated
23 with the Special Use Exception Transfer.
24 B. The Special Exception is transferable, administratively, by
25 City Staff, pursuant to compliance with City Codes and sub-
26 mitting documentation.
27 SECTION 3: This Resolution shall become effective
28. immediately upon adoption. •
29 PASSED, ADOPTED AND APPROVED this Z Lk day of 1991.
a0
]:
N RMAN ABRAM WITZ
33 MAYOR
ATTEST:
34
3s C Zncl \,DNS — RECORD OF CAl W-LvOTE
CITY CLERK �VrrZ
MAYOR
r.�xsvY =7177 ti-.atI have DISTRICTI• C/A4KATT_
ay;�r this R :)ption as 01STRICT2
QW
t0 OttA.
EXHIBIT 111"
MP RESO #9106 1
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Introduced by_4 1*��
CITY OF TAMARAC, FLORIDA
Temp. Reso, #3741 I
EXHIBIT "2"
RESOLUTION NO. R-85- 3 o a TEMP R
A RESOLUTION TRANSFERRING A SPECIAL EXCEPTION FOR
ON -PREMISES CONSUMPTION OF BEER AND WINE TO
ANDREAS ATHANASOPOULOS D/B/A ANDREAS FAMOUS
RESTAURANT LOCATED AT 8695 W. MCNAB ROAD, SHOPS
OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council granted a Special Exception to permit on -
premises consumption of beer and wine to the Boardwalk Restaurant by Resolution
76-6; and
WHEREAS, the City Council wishes to transfer the Special Exception to:
Andreas Athanasopoulos
D/B/A Andre's Famous Restaurant
8695 W. McNab Road
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Special Exception permitting consumption of
alcoholic beverages for Boardwalk Restaurant is hereby transferred to Andreas
Athanasopoulos, D/B/A Andre's Famous Restaurant, located at 8695 W. McNab Road,
Tamarac.
SECTION 2: The following conditions apply:
1. The hours of operation are from 8.00 A.M. to 2:00 A.M., local time, with no
sale of beer and wine prior to noon on Sundays.
2. This license is not transferable to any other individual or to any other
location without the approval of the City Council.
SECTION 3: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this 30-day ofa--.� 1985.
ATTEST: MAYOR
4ASI:SXA6H��Y CLERK
I HEREBY CERTIFY that I have approved
the form and aorreyness of this
Reso).uiion. I
7/TTORNEY
RECORD OF COUNCIL VQTIE
MAYOR: KRAVITZ r
DIST 4: C/�7 STEIN 2 G
DIST 3: C/iM GO i fESMAN
DIST 2: C/M MUNITZ
DIST 1: V/M MASSARO
#9106
W.,
MAMA LUCIA RESTAURANT
CASE NO.9-Z-00 - TEMP RESO #9106
CITY COMMISSION
SEPTEMBER 13, 2000
Special Exception
MI_Lf CI /
RSA
I Christopher King
a
Cann -ty Development
City of Tamarac
7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: 724-2453
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.: �- z --- ec) -:
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 ON
IN MY ABSENCE. IN ADDITION,
HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
Mc-Au4m go
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER:
(Print Name of Owner)
SuGKv -I-Sl-1.
Phone:
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
(Print Name of Designated Agent)
Fax:
The foregoing instrument was acknoww ed ed before me this day of
, tS(O by// ,4 /�/,� a , owner of property, who is
feF!Onally known tome or has produced ide ificati (%-.000-3a �38 )and
ntifica -Qn)
who (did/did not) take an oath. OPCL L,tiar
v scf . fa^.9cc, z� ..
I `7T'r rzy PUBLIC E i �,T.` L:r, n
coin:
My Commission Expires:
(Type or print name of Notary)
r
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.:
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.
fCA '��' ��•f rs/i£cch�it� , WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD ON
IN MY ABSENCE. IN ADDITION,
_ HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
c
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
Ir
ddA_44_9,21k�L -a :5 --A 774 A /' 4
(Print Name of Owner) (Print Name of Designated Agent)
/SAa�GLl� SuL.KawS K 1,
Phone: Fax:
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrument was acknowLgd ed before me this day of
, t2ll by� A / -7 ',a ,owner of property, who is
#enally known tome or has produced ide ificati (T - 000-� - f3 and
lade edl-dentificationl
who (did/did not) take an oath.
My Commission Expires; 6F
V
PMUC `3rA'M CIV;Lo.v
lorida
(Type or print name of Notary)