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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-118Temp Reso #11673 August 17, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- //I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN ACESSORY BAR WITHIN A FULL SERVICE RESTAURANT FOR THE PROPERTY LOCATED AT 5201 NORTH STATE ROAD 7 SPECIFICALLY PARCEL "3" OF "LEMBO" ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 81, PAGE 11 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND PARCEL "A" OF "LEMBO ADDITION" ACCORDING TO THE PLAT THEREOF AS RECORDED ON PLAT BOOK 96, PAGE 46 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 1 1-Z-09); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY• AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Code of Ordinances of the City of Tamarac provides for the granting of a Special Exception to permit the operation of an accessory bar within a full service restaurant in a B-2 (Planned Community Business District) zoning category located at 5201 North State Road 7 specifically Parcel "3" of "Lembo" according to the Plat thereof as recorded in the Plat Book 81, Page 11 of the Public Records of Broward County, Florida and Parcel "A" of "Lembo Addition" according to the plat thereof as recorded in Plat Book 96, Page 46 of the Public Records of Broward County, Florida; and WHEREAS, the proposed Special Exception is in compliance with the City's Comprehensive Plan as it supports the City's Goals, Objectives and Policies regarding neighborhoods (residential and nonresidential) that are attractive, well maintained, and that contribute to the health, safety, and welfare of their residents and users; and WHEREAS, the proposed Special Exception is consistent with the adjacent residential neighborhoods relative to the proposed intensity, building mass, and aesthetic Temp Reso #11673 August 17, 2009 Page 2 impact of the requested use; and 1 WHEREAS, the Director of Community Development recommends approval of this application; and WHEREAS, the Planning Board recommended approval of this application at its August 5, 2009 meeting; 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 approve this Special Exception to permit the operation of an accessory bar within a full service restaurant in a B-2 (Planned Community Business District) zoning category located at 5201 North State Road 7 specifically Parcel "3" of "Lembo" according to the Plat thereof as recorded in the Plat Book 81, Page 11 of the Public Records of Broward County, Florida and Parcel "A" of "Lembo Addition" according to the plat thereof as recorded in Plat Book 96, Page 46 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. Temp Reso #11673 August 17, 2009 Page 3 u 1 1 SECTION 2: That the Petition for special exception to permit the operation of an accessory bar within a full service restaurant in a B-2 (Planned Community Business District) zoning category located at 5201 North State Road 7 specifically Parcel "3" of "Lembo" according to the Plat thereof as recorded in the Plat Book 81, Page 11 of the Public Records of Broward County, Florida and Parcel "A" of "Lembo Addition" according to the plat thereof as recorded in Plat Book 96, Page 46 of the Public Records of Broward County, Florida 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. THIS PORTION OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Temp Reso #11673 August 17, 2009 Page 4 PASSED, ADOPTED AND APPROVED this .2_� ATTEST: day of , 2009. BETH FLANSBAUM- ALABISCO MAYOR r RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO46:z� CITY_£LERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S UEL S. GOREN ' ITY ATTORNEY DIST 1: COMM BUSHNELL _ DIST 2: VM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: COMM. DRESSLER 1 u 7