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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-042Temp Reso #11588 March 16, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- � A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING LIMITED PARKING WAIVER APPROVAL OF FIFTY-NINE (59) PARKING SPACES TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES FROM ONE -HUNDRED FIFTY-THREE (153) PARKING SPACES TO NINETY-FOUR (94) PARKING SPACES FOR THE TEMPLE BETH TORAH PROJECT FOR THE PROPERTY LOCATED AT 5700 N.W. 94T" AVENUE ON THE NORTHEAST CORNER OF N.W. 57T" STREET AND N.W. 94T" AVENUE., (CASE NO. 1-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 WHEREAS, Manuel Synalovski, of Cubellis Inc., Designated Agent for the property owner, Tamarac Jewish Center, Inc. has filed an application for Limited Parking Waiver approval of fifty-nine (59) parking spaces to reduce the number of required parking spaces from one -hundred fifty-three (153) parking spaces to ninety-four (94) parking spaces in Temp Reso #11588 March 16, 2009 Page 2 order to operate a religious facility, daycare center and/or pre-school for the property located at 5700 N.W. 94th Avenue on the northeast corner of N.W. 57th Street and N.W. 94th Avenue; 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 April 1, 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 of fifty-nine (59) parking spaces to reduce the number of required parking spaces from one -hundred fifty-three (153) parking spaces to ninety-four (94) parking spaces in order to operate a religious facility, daycare center and/or pre-school for the property located at 5700 N.W. 94th Avenue on the northeast corner of N.W. 57th Street and N.W. 94th Avenue; and 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. Temp Reso #11588 March 16, 2009 Page 3 1 SECTION 2: That the application for a Limited Parking Waiver of fifty-nine (59) parking spaces to reduce the number of required parking spaces from one -hundred fifty-three (153) parking spaces to ninety-four (94) parking spaces in order to operate a religious facility, daycare center and/or pre-school, located at 5700 N.W. 94th Avenue on the northeast corner of N.W. 57th Street and N.W. 94th Avenue is HEREBY APPROVED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. E 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. 71 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S U L S. GOREN CITY ATTORNEY Temp Reso #11588 March 16, 2009 Page 4 day of ! ` , 2009. BETH FLANSBAUM - ALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER c' 1 I 1