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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-1447 t L Temp Reso #10154 — June 5, 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 PARKING WAIVER OF AN ADDITIONAL ONE - HUNDRED FIFTEEN (115) PARKING SPACES FOR THE MIDWAY PLAZA SHOPPING CENTER LOCATED AT 5815-7689 NORTH UNIVERSITY DRIVE, 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. 21- Z-03); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances provides that the City Commission may grant a limited 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, a hardship exists of the Midway Plaza located at 5815-7689 North University Drive; and WHEREAS, Midway Plaza is seeking the one -hundred fifteen (115) parking space waiver in order to market the remaining vacant bays to restaurants, retail and service companies; and WHEREAS, the Planning Board held a public hearing on June 4, 2003 thereon and recommended approval of this application; and Temp Reso #10154 — June 5, 2003 Page 2 WHEREAS, the Director of Community Development has thoroughly reviewed and recommends approval of this application; and WHEREAS, the City Commission desires to take action on the parking waiver requested in the application by Midway Plaza to grant a waiver of one -hundred fifteen (115) parking spaces; 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 a parking waiver of an additional one -hundred fifteen (115) parking spaces for the Midway Plaza Shopping Center located at 5815-7689 North University Drive, 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 application by the Midway Plaza requesting approval of a parking waiver of one -hundred fifteen (115) spaces, located at 5815-7689 North University Drive is HEREBY APPROVED, and such parking waiver would not be detrimental to the public safety, health and welfare of the citizens of the City of Tamarac. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 Temp Reso #10154 — June 5, 2003 Page 3 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: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 25t" day of June, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAFT CITY ATTORNEY com mdev\u:\pats\userd ata\wpd ata\res\ 10154 reso 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 MIDWAY PLAZA CASE NO. 21-Z-03 - TEMP RESO #10154 300 0 300 Feet { TA N� CITY COMMISSION June 25, 2003 p° Parking Waiver I J. Christopher King Director Community Development CITY OF TAMARAC 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Telephone: (954) 724-1292 Facsimile: 724-2453 Compiled by: SMR Date: 6/5/03 FOR QUASI-JUDICIAL PROCEF-t , NGS 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 MAYBE DETERMINED WITHOUT THE BENEFITIOF THEIR TESTIMONY. At WILL ATTEND THE QUASI-JUDICIAL (in art name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, U Z7 HAS MY PERMISSION TO ACT AS MY AGENT IN 14LL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO (Address of subject roperty) RETURNED_PRIOR TO THE QUASI,JUDICIAL HEARING. _THIS FORM SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO. OF.DESIGNATED AGENT: Phone: � �� �. T Fax;' STATE OF FLORIDA: COUNTY OF BROWARD: T e foregoing instrument was acknowledged before me this IL �.�_ day of 2oo3, by :2f 1 owner of property, who is pe sonally known to me or has prodd6ed identification ' and F (type cif id ratification) who (did/did not) take an oath. My Commission MICHAEL J. FIMIANI MY COMMISSION N CC 878671 EXPIRES: October 22,2003 Bonded Thru Notary Public Underwriters Notary Puba1c State of Florida (Type or print name of Notary)