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Home My WebLink AboutCity of Tamarac Resolution R-2006-068Temp Reso #10944 — April 6, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A REFUND OF $2,300.86 TO MILANO PIZZERIA & ITALIAN GRILL, INC. FOR A SPECIAL EXCEPTION APPLICATION FEE, COLLECTED IN ERROR FOR THE MILANO PIZZERIA & ITALIAN GRILL PROJECT, AND FOR ACCRUED COSTS OF THE PROPERTY NOTICE SIGN AND PUBLIC HEARING ADVERTISING (CASE NO.5-MI-06); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 15, 2005, Russell M. Robbins, Esq., Designated Agent for Milano Pizzeria & Italian Grill, Inc., submitted a Special Exception application to the Community Development Department with a check in the amount of $2,000.00 for a Special Exception application fee for the Milano Pizzeria & Italian Grill project; and WHEREAS, on April 6, 2006, a request letter was sent to the City of Tamarac for reimbursement of the Special Exception application fee and for accrued costs of the property notice sign and public hearing advertising (attached hereto as Exhibit 1"); and WHEREAS, Community Development Department staff has determined that the Special Exception application fee of $2,000.00 paid in error by Russell M. Robbins, P.A., Designated Agent for the Milano Pizzeria & Italian Grill, Inc., and accrued costs of the property notice sign (AJF Invoice #1044) and public hearing advertising (City of Tamarac Invoice #11054) should be refunded (attached hereto as Exhibit "2°); and Temp Reso #10944 — April 6, 2006 Page 2 1 WHEREAS, the Director of Community Development recommends approval of the refund; 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 authorize a refund of $2,300.86 to Milano Pizzeria & Italian Grill, Inc. for the Special Exception application fee, collected in error for the Milano Pizzeria & Italian Grill project, and for accrued costs of the property notice sign and public hearing advertising (Case No. 5-MI-06). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 0 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 City Commission hereby authorizes the appropriate City Officials to refund the Special Exception application fee and accrued costs of the property notice sign and public hearing advertising for the Milano Pizzeria & Italian Grill, Inc. project in the amount of $2,300.86.00 made payable to Russell M. Robbins, P.A. Trust Account, 9690 West Sample Road, Suite 103, Coral Springs, Florida 33065. 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 courtof competent jurisdiction to be unconstitutional or invalid, in 1 1 Temp Reso #10944 — April 6, 2006 Page 3 part or in 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 p day of MOJ , 2006. ATTEST: MARION SWIfNSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. __ ""SA UEL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER EXHIBIT "V LAW OFFICES OF TEMP RESO #10944 RussELL M. ROBB,, s, P.A. 9690 WEST SAMPLE ROAD,. SUITE 103 CORAL SPRINGS, FLORIDA 33065 PHONE (954) 5 10- 1000 FACSIMILE (954) 510-1001 WWW,RUSSELLMROBBINS.COM RUSSELL M. ROBBINS Member FL & D.C. Bars VIA FACSIMILE (954) 597-3540 City of Tamarac, Florida Community Development Department 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 Attn: J. Christopher King, ASLA, Director Re: Development Application - Milano Pizzeria & Italian Grill, Inc. Case No. 3-2-06 (Master File 11-77) Dear Mr. King: On November 15, 2005, my office on behalf of Eugene A. Arce made application for a Special Exception for the above referenced corporation to obtain a alcoholic beverages license for consumption on premises. After compiling all of the necessary materials at considerable expense (including the mailing labels, notice sign and advertising, posts for the city), our application and scheduled hearing date was cancelled by the City. We were informed by Daniel J. Habibe, Assistant Planner, that, "Due to recent changes in the Master Business List, Special Exceptions are no longer required for Restaurants." Additionally, he explained to me in a telephone conversation that we could request for the City to refund his application fee together with signage and advertising costs in the amount of Two Thousand Three Hundred Dollars and Eighty -Six Cents ($2,300.86). Please consider this correspondence a formal request for the return of the application fee together with signage and advertising costs. Please forward a check in the amount of Two Thousand Three Hundred Dollars and Eighty -Six Cents ($2,300.86) payable to Russell M. Robbins, P.A. Trust Account to my attenti n at the bove referenced address. Shoul you ave any f rther questions or concerns, please do not hesitate to contact me at the above refer ced telephone umber or via my cellular phone at (954) 592-7131. Thank you in advance for your conside tion with regards to this matter. Si cerely yo rs, sell M bbins-, sq. Russell M. Robbins, Esq. .Qi ot`„] 1 t{w p � �OPME From: Daniel Habibe [danielh@tamarac.org] Sent: Monday, February 13, 2006 12:37 PM To: russellmrobbins@lawyer.com Subject: Special Exception Permit - Milanos Pizzeria and Restaurant Mr. Robbins, Due to recent changes in the Master Business List, Special Exceptions are no longer required for Restaurants. The Planning Board meeting scheduled for February 15, 2006 has been cancelled and the item Case # 3-Z-06 Milanos Pizeria and Restaurant has been removed from this meeting and any future agendas. You are not required a Special Exception for the requested use and may proceed to obtain an ocupational license with the Occupational License Division (954) 597-3530. If you have any quesitons please call me at (954) 597 3532, thank you. Daniel J. Habibe Assistant Planner City of Tamarac 7525 N.W. 88th Ave. Tamarac, FL.33321-2401 Tel. (954) 597-3532 donielh@.tamarac.org url: www.tamarac.ora This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright orconstitutes a trade secret. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. Messages sent to and from us may be monitored. 2/14/2006 :OMKJJ w4'1_f `{ 0EVELOPMEt47 ' e1_{ k -iJT G � i 7 r ; , a f. R 1'� DEVELOPMENT APPLICATION HTE Project No, Project Name: jA 110-AD I-e .K A_ Case No. �- —� Master File #: Project Location: ham. Applicant's Name: O �'1 Address: 1• f5 0 06 Phone No: �_ f . ( n n �Fax No: �J" l � SUBMISSION FEES DRAWINGS SUBMITTED Model Sales Land Use Amendment Plat/Delegation Re uesUVacation/Easement Engineering Drawin Rezonin /S al lExcept�oRParkinq Waiver Site Plan (N )or Minor) Variance/Sign Waiver Renamin of Street :rWp _THbLJSA E�115;SELL M Remitter Issued by Integrated C?pLLAR5 .ANq OQ GNr " ' Apnwe ROBO1,NS R A I . Im M4A m- 1 Payment Systems inc `6nglewaad Colorado - uthoriz 11" 10049 in10 2000 9 ? 91!. 680•b 1 121,90046011, EXHIBIT 112" TEMP RESO #10944 Invoice � �WPHICSINC 1 BIII To Russell M. Robbins, P.A. 9690 West Sample Road Suite 103 Coral Springs, FL 33065 3700 NW 124th AVENUE # 101 CORAL SPRINGS, FL 33065 Office 964-346-3477 Fox 964-346-7767 Cell (561) 251-7599 E-mail sales@a)fgraphlcs,com WWW.ajfgfaphiCS.COM 5hlp To Russell M. Robbins, P.A. 9690 West Sample Road Suite 103 Coral Springs, FL 33065 Terms Date Invoice # Due on rete�pt 11/22/2005 1044 Item IDescription ety Signs 36" X 36" sign with black text (1 /2" pvc sign board) included with 4" x 4" x 8' post Install Installation of sign Sales Tax Thank you for your business. Rate 1 1 110.00 11 40.00 6.00% Total Amount 110.00 40.00 9.00 $159.00 Thank Y"I fOP Your DUA7CM Received Time Nov.22. 3:35PM CITY OF TAMARAC DATE 1/18/06 P.O. BOX 209000 R ° a TAMARAC, FLORIDA 33320-9000 MISCELLANEOUS ACCOUNTS RECEIVABLE ESQ. RUSSELL M. ROBBINS 9690 W SAMPLE ROAD, STE. 103 TO:CORAL SPRINGS, FL 33065 L DEPARTMENT BILLING INVOICE NUMBER BILLING DATE PAYMENT DUE BY AR /(95.4) 724-1335 11054 1/18/06 2/17/06 .QTY DESCRIPTION UNIT PRICE AMOUNT 1.00 ADVERTISING/PUBLIC. COSTS 141.86 141.86 3-Z-06 NOTICE OF PUBLIC HEARING REQUEST FOR SPECIAL EXCEPTION MILANO'S PIZZERIA & ITALIAN RESTAURANT 8767 NW 57 STREET ** Payment is Due Upon Receipt ** City of Tamarac thanks you for prompt payment. TOTAL DUE: $141.86 MILANO PIZZERIA & iTALIAN GRILL CASE NO. 5-MI-06 —TEMP RESO #10944 0P%1. CITY COMMISSION May 10, 2006 Fee Refund J. Christopher King Director ommunity Development City of Tamarac 7525 N.W. 88'" Ave., Tamarac, Florida 33321-2401 Telephone: (954) 597-3530 Facsimile: (954) 597-3540 npR-E--E006 12:��P FROM R4TWONY FARCE 171238FO432 TO:19544571970 P.111 VESS GNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS HATE; CASE 2``IQ.•--✓�..." �. . 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-JUCIDI.AI. HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF T EIR TESTIMONY. l i�VILL ATTEND THE Qi7ASI -JUDICIAL (insert nlsrne of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO (Address of subjtct property) THIS FORM[ MOIST BE R>✓TURNEO PRIOR TO THE QUASI-JUDICIAL REARIN(;. SIGNATURE OF OWNER; Print Name of Owner) STATE OF FLORIDA: NAMEIADDRESS ANb rk71ONE NO. OF "SIGNATED AGENT., (Print Name of Designated Agent) Phone � - �_RTRxs�s .S~f0 APO/ COUNTY OF BROWART). The forf4olng instrumtot s acknowledged before me this day of r / pU ,.6r �^ . ownerofogerEy.. who to personally known to me or has produced idantikeation /I _jsnd who (did/did trot) t*4 t Notary Public State of Florlds My Ca missJon Evpires: c2Lr (7'YPe or prME Harris of Notary) Potckia F Chat-Yirft mY COMMISSION # DD5265M E t aurae i I lens SONDID TNRU TWVFAIN ININMWE WG