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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-146Temp Reso #10158 — June 5, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF AN EAT -INTAKE -OUT RESTAURANT WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO QUIZNO'S SUBS, LOCATED AT 5709 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. 18-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 an eat-in/take-out restaurant within a B-2 (Community Business District) zoning category to Quizno's Subs, located at 5709 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 June 4, 2003, thereon and has recommended approval of this application; and WHEREAS, the Director of Community Development recommends approval of this application; and Temp Reso #10158 — June 5, 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 an eat-in/take-out restaurant within a B-2 (Community Business District) zoning category to Quizno's Subs, located at 5709 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 an eat-in/take-out restaurant within a B-2 (Community Business District) zoning category to Quizno's Subs, located at 5709 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. 18-Z-03), is HEREBY APPROVED subject to the following conditions. 1 1 Temp Reso #10158 —June 5, 2003 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 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. Temp Reso #10158 — June 5, 2003 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 25t" day of June, 2003. ATTEST: r' MARFON S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAF CITY ATTORNEY com and ev\u:\pats\userd ata\wpdata\res\ 10158reso 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 E QUIZNO'S SUBS CASE NO. 18-Z-03 - TEMP RESO #10158 R-2 SITE r I_ B-2 I B-2 h _..._.. it I i 300 0 300 Feet '9M PLANNING BOARD OpO June 25, 2003 Special Exception 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 I Compiled by: SMR Date: 5/6/03 DESIGNATION OF AGEN- FOR QUASI-JUDICIAL PROCEF-.,iNGS DATE: - C.. '3 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 WITHOUTTHEBENEFIT OF THE IR TESTIMONY. VS 110 WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, f�f1� t'wi � I i S MY PERMISSION TO ACT AS MY AGENT IN AL . MATTEAS. RELATING TO ANY PROCEEDINGS RELATED TO _ �' . Q rz. 3�a� (Address of su ct property) THIS FORM MUST -,BE RETURNED PRIOR TO THE_QUASI,JUDICIAL HEARINGw _ _ SIGNATURE OF OWNER: STATE OF FLORIDA: COUNTY OF BROWARD: NAMEIADDRESS AND PHONE NO. nc nccinki ATnr% A..f.f,l•_ Phone: �_ �-�5 Fax:2�g The foregoing instrument was cknowledged before me this ._ IS- day of 200a, by Yr ( , owner of property, who is pe onally known t the or has produ ed identification ( )and (ty a f; identification) w �adid�lcrjdnot) take an oath. Notary P4611c State of Florida My Commission ;;�::',•"u ; MICHAEL J. FIMIANI ! I MY COMMISSION # CC 878671 r •` EXPIRES: October 22, 2003 i 1 6ondedThruNot2ryPu61icUnderwrAers (Type or print name of Notary)