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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-119Temp Reso #10122 — May 7, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A TAKE-OUT RESTAURANT WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO TOKYO PEKING EXPRESS, LOCATED AT 5857 NORTH UNIVERSITY DRIVE IN THE MIDWAY PLAZA, SPECIFICALLY PARCEL "A" OF THE "MIDWAY PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 126, PAGE 14 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 14-Z-03); 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 take-out restaurant within a B-2 (Community Business District) zoning category to Tokyo Peking Express, located at 5857 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on May 7, 2003, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; and Temp Reso #10122 — May 7, 2003 Page 2 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 interest of the citizens and residents of the City of Tamarac to grant this special exception to allow the operation of a take-out restaurant within a B-2 (Community Business District) zoning category to Tokyo Peking Express, located at 5857 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 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 take-out restaurant within a B-2 (Community Business District) zoning category to Tokyo Peking Express, located at 5857 North University Drive in the Midway Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat thereof as recorded in Plat Book 126, Page 14 of the Public Records of Broward County, Florida, requested by Jorge Morell (Case No. 14-Z-03), is HEREBY APPROVED subject to the following conditions. Temp Reso #10122 — May 7, 2003 Page 3 1 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. 3. The hours of operation shall be Monday through Sunday from 11:00 a.m. to 10:00 P.M. 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 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. 1 Temp Resn #10122 -- May 7, 2003 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 281h day of May, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITC E L'S. CIT TTO commdev\u:\pats\userdata\wpdata\res\1 01 22reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS 1 0 TOKYO PEKING EXPRESS CASE NO. 14-Z-03 - TEMP RESO #10122 30fl 0 300 Feet CITY COMMISSION MAY 28, 2003 Special Exception CITY OF TAMARAC Christ()her King 7525 N.W. 88th Ave . Tamarac, Florida 33321-2401 Uirectr Talephnne. (954) 724-1292 (.,C ilir'n it. r,f .I'lf-I F�jcSimile 774-24fi3 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.. 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. WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HEI Iy MY ABSENCE. IN ADDITION, �4 r HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS; RELATING TO ANY PROCEEDINGS RELATED TO (Address of sub' or -property) %"7i1-Qrpc�, r--C . 3-332 % THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: (P t Name f Owner) Z/v STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: J � ,ate ri " �.•c w � �� (Print Name of Designate Age ) Phone:_QS-�; Th foo re oing instrument was acknowledged before me this _ _ ~ day of (� , 200 3 , by �orae more i i , owner of property, who is ona ly known to a or has pro uced identification ( )and (type of identification) who (did/did not) take an oath. Notary -Public State of Florida My Commission Expjre5:__�} - ' -f-