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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-133Temp Reso #10455 — May 20, 2004, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- / 33 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A RESTAURANT WITHIN A B-1 (NEIGHBORHOOD BUSINESS DISTRICT) ZONING CATEGORY TO DIAMANTE'S RESTAURANT, INC. LOCATED AT 6455 WEST COMMERCIAL BOULEVARD, SPECIFICALLY PARCEL "C" OF THE "COMMERCIAL BOULEVARD LANDS" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 105, PAGE 34 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 12-Z-04); 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 the operation of a restaurant within a B-1 (Neighborhood Business District) zoning category to Diamante's Restaurant, Inc. located at 6455 West Commercial Boulevard, specifically Parcel "C" of the "Commercial Boulevard Lands" Plat, according to the Plat thereof as recorded in Plat Book 105, Page 34 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on May 19, 2004, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; and WHEREAS, the City Commission of the City of Tamarac finds that granting the Temp Reso #10455 — May 20, 2004, 2004 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 interests of the citizens and residents of the City of Tamarac to grant this special exception to allow the operation of a restaurant within a B-1 (Neighborhood Business District) zoning category to Diamante's Restaurant, Inc. located at 6455 West Commercial Boulevard, specifically Parcel "C" of the "Commercial Boulevard Lands" Plat, according to the Plat thereof as recorded in Plat Book 105, Page 34 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 the operation of a restaurant within a B-1 (Neighborhood Business District) zoning category to Diamante's Restaurant, Inc. located at 6455 West Commercial Boulevard, specifically Parcel "C" of the "Commercial Boulevard Lands" Plat, according to the Plat thereof as recorded in Plat Book 105, Page 34 of the Public Records of Broward County, Florida, requested by Rana M. Gorzeck, Esq. (Case No. 12-Z-04), is HEREBY APPROVED. 1 1 Temp Reso #10455 — May 20, 2004, 2004 Page 3 SECTION 3: Conditions of approval: 1. The applicant shall be required to pay all appropriate fees associated with the special exception. 2. The special exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application ofithis 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. Temp Reso #10455 - May 20, 2004, 2004 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 26th day of May, 2004. ATTEST: MARION SW NSON, CMC CITY CL-:F-RK I HEREBY CERTIFY that I have approved this commdev\u:\pats\userdata\wpdata\res\10455reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 1 C DIAMANTE'S RESTAURANT, INC. CASE NO. 12-Z-04 - TEMP RESO #10455 M Soo Q 300 Feet CITY COMMISSION " MAY 26, 2004 I Christopher King Special Exception Director Community Development Compiled by: paigem Date: 5/8/03 CITY OF TAMARAC 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Telephone: (954) 724-1292 Facsimile: 724-2453 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: April , 2004 CASE NO.. U - CC% 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-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Rana M. Gorzeck, _Esq. ___ ____,WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, _Rana M. Gorzeck, Esq. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO 6455 West Commercial Boulevard,Tamarac, FL`. (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF O ER: NAME/ADDRESS AND PHONE NO. -- OF DESIGNATED AGENT: Carmine E. Guastafeste . (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: Rana M. Gorzeck, Esq. (Print Name of Designated Agent) 2500 N. Military Trail, Ste. 480 Boca Raton, FL 33431 Phone:561-241-0414 Fax:561-989-3710 The foregoing instrument was acknowledged before me this 17 day of _ April .. ___, 2004 , by Carmine E. Guasta£esovvner of property, who is personally known to me or has produced identification ( )and (type of identification) who (did/did not) take an oath. N/ l/ ;pf,►rr`-���NancyVey �+ % C�II1R14MlGi � i7�i �� . E = ?'"kw Nor.it, Mz Notary P lic St of Florida My Commission Expires ,"",,,,I�'" .Mritx �� eA,, Ira NlqNCA/yEGb- (Type or print name of Notary)