HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-057L
Temp Reso #10934
April 5, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-57
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, GRANTING
A SPECIAL EXCEPTION TO ALLOW A DRIVE-
THRU LANE IN THE B-1 (NEIGHBORHOOD
BUSINESS DISTRICT) ZONING CATEGORY
FOR BRUSTER'S OF TAMARAC LOCATED AT
8261 WEST COMMERCIAL BOULEVARD
(WITHIN THE CITY'S NW 57T" STREET
CORRIDOR), SPECIFICALLY LOT 3, LESS THE
SOUTH 7 FEET THEREOF, OF BLOCK 7 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 (CASE NO. 18-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 a drive-thru lane in the B-1 (Neighborhood Business District) zoning
category to Bruster's of Tamarac located at 8261 West Commercial Boulevard (within the
City's NW 57t' Street Corridor) , specifically Lot 3, less the south 7 feet thereof, of Block 7
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; and
WHEREAS, the Planning Board held a public hearing on April 5, 2006 thereon and
has recommended approval of this application; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac finds that granting the
Temp Reso #10934
April 5, 2006
Page 2
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 interest of the citizens and residents of the City of Tamarac to grant a Special
Exception to allow a drive-thru lane in the B-1 (Neighborhood Business District) zoning
category to Bruster's of Tamarac located at 8261 West Commercial Boulevard (within
the City's NW 571h Street Corridor), specifically Lot 3, less the south 7 feet thereof, of
Block 7 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.
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 a drive-thru
lane in the B-1(Neighborhood Business District) zoning category to Bruster's of
Tamarac located at 8261 West Commercial Boulevard (within the City's NW 57`h
Street Corridor) , specifically Lot 3, less the south 7 feet thereof, of Block 7 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; is HEREBY
APPROVED, subject to the Conditions of Approval (attached hereto as Exhibit "A").
Temp Reso #10934
April 5, 2006
Page 3
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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this I I day of 14pr! , 2006.
BET LANSBAUM-TA A ISCO
MAYOR
ATTEST:
_A 4 ll� RECORD OF COMMISSION VOTE:
MARION SWENSON, CM MAYOR FLANSBAUM-TALASISCO
CITY CLERK DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD_
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. EN
CITY ATT NEY
EXHIBIT "A"
TEMP RESO # 10934
Conditions of Approval
(Bruster's Real Ice Cream)
1. The Special Exception is non -transferable and shall become null and void
if the businesses use changes.
2. The property owner, ELF L.L.C. shall develop the property in accordance
with the approved site plan (Prepared by Thomas W. Wallace, of Wallace
Engineering, dated February 20, 2006) and all associated documents
(landscape plans, engineering plans, photometric plans, elevations,
etc... ).
3. If the proposed business (Bruster's Real Ice Cream) ceases and/or desists
for a period of more than six (6) months, then the Special Exception
becomes null and void.
4. If construction has not commenced within one year from the date the City
Commission approves this Special Exception, then the Special Exception
shall become null and void.
5. There shall be no music emitted outside the confines of the principal
building.
6. Outdoor seating (as indicated on the approved site plan) will be permitted
only under the trellis.
7. There shall be no vending machines permitted outside the confines of the
principle structure.
8. The overall improvements of the site is restricted to 1,196 square feet.
9. All truck deliveries shall be permitted only between the hours of 7 a.m. and
6 P.M.
10.The hours of operation shall be between the hours of 10 a.m. and 10 p.m.
Monday thru Thursday and from 10 a.m. to 11 p.m. on Friday thru Sunday.
BRUSTER'S OF TAMARAC
CASE NO. 18-Z-05 -TEMP RESO #10934
CITY COMMISSION (2.
April 11, 2006
Special Exception
Christopher King
Director
imunity Development
City of Tamarac
7525 N.W. 88"' Ave., Tamarac, Florida 33321-2401
Telephone: (954) 597-3530
Facsimile: (954) 597-3540
Oi`I�i1;" l7Y DEVE LOPMEW
i yin .,
DESIGNATION OF AGENT Y
FOR QUASI-JUDICIAL PROCEbI 161 _ 3 AM 11: 32
DATE:
CASE NO.: O
IN THE Mrimter s
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.
Don O' Donni ley , WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Don O' Donniley HAS
MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY
PROCEEDINGS RELATED TO Bruster' s
(Address of subject property) Folio ## 4941 .09 04 0120
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
Aos .� r
.A 46
(Print Name of O ner) (Print Name of Designated Agent)
Phone:_?SY f44/-CO90 Fax:__q-b<'yL
STATE OF FLORIDA:
COUNTY OF BROWARD:
The foregoing instrument was acknowledged before me this 3rd day of
_8 j1c,'E �, 200,E , by Ly Jn5 Fr,1.f.I,S_, owner of property, who is
personally known tome or has produced identification QXIJn DrJVeV 15 and
(type of identification) UCer15C
Nola 0
who (did/did not take an oath.
. In-
Notaryl/Public State of Florida
My C ATis -F:
• My Commission DD280279
(Type 8rprin name�to 'fa 007