HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-1171
Temp Reso #11672
August 17, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- // 7
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
LIMITED PARKING WAIVER APPROVAL TO
JUSTIFY THE SHORTAGE OF NINETEEN (19)
PARKING SPACES WHEN THIS SITE IS FULLY
OCCUPIED PER PARKING REQUIREMENTS
STATED IN SECTION 24-581 OF THE CITY'S
CODE OF ORDINANCES FOR THE TAMARAC
SQUARE PLAZA PROJECT FOR THE PROPERTY
LOCATED AT 5201-99 NORTH STATE ROAD 7
ON THE SOUTHWEST CORNER OF N.W. 53RD
STREET AND STATE ROAD 7, (CASE NO. 10-Z-
09); PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the instructions of the City Commission of the City of
Tamarac, Florida, a public meeting has been advertised in accordance with applicable law
of the date, time and place of the meeting regarding the review of the application for a
Limited Parking Waiver; and
WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances provides that
the City Commission may grant a Limited Parking Waiver of the off street parking and
loading requirements whenever a hardship would exist by adhering to strict application
thereof, and further provides that the waiver would not be detrimental to public safety,
health and welfare of the citizens of the City; and
Temp Reso #11672
August 17, 2009
Page 2
WHEREAS, Flavio lvo Galluzzi, Designated Agent for the property owner, Palmares,
LLC., has filed an application for Limited Parking Waiver approval to justify the shortage of
nineteen (19) parking spaces when this site is fully occupied per parking requirements
stated in Section 24-581 of the City's Code of Ordinances in order to operate a full service
restaurant for the property located at 5201-99 North State Road 7 on the southwest corner
of N.W. 53rd Street and State Road 7; and
WHEREAS, the City Commission has examined the application, the staff and
Planning Board recommendations; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the Planning Board recommended approval on August 5, 2009; and
WHEREAS, the City Commission has determined that the application is in
compliance with all elements of the Comprehensive Plan, or will be in compliance with all
elements of the Comprehensive Plan prior to the issuance of a Certificate of Occupancy for
the development; 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 issue Limited
Parking Waiver approval to justify the shortage of nineteen (19) parking spaces when
this site is fully occupied per parking requirements stated in Section 24-581 of the
City's Code of Ordinances in order to operate a full service restaurant for the property
located at 5201-99 North State Road 7 on the southwest corner of N.W. 53d Street
and State Road 7.
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Temp Reso #11672
August 17, 2009
Page 3
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.
All exhibits attached hereto are incorporated herein and made a specific part of this
resolution.
SECTION 2: That the application for a Limited Parking Waiver to justify the_
shortage of nineteen (19) parking spaces when this site is fully occupied per parking
requirements stated in Section 24-581 of the City's Code of Ordinance's -in order to
operate a full service restaurant, located at 5201-99 North State Road 7 on the
southwest corner of N.W. 53rd Street and State Road 7 is HEREBY APPROVED.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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 in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5:
adoption.
Temp Reso #11672
August 17, 2009
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 0 6 day of , 2009.
1Q(1k,5z_7_ -
BETH FLANSBAUM - TALABISCO
MAYOR
ATTEST:,
% ,, ECORD OF COMMISSION VOTE:
MARION SW SON, CMC MAYOR FLANSBAUM-TALABISCO
CITY .CLERK DIST 1: COMM BUSHNELL�
DIST 2: VM ATKINS-GRAD
DIST 3: COMM GLASSER Z
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
F
EL S. GOREN
Y ATTORNEY
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