HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-147Temp Reso #10159 —June 5, 2003
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- JLK
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, GRANTING A SPECIAL
EXCEPTION TO ALLOW THE OPERATION
OF A DINE-IN/TAKE-OUT RESTAURANT
WITHIN A B-2 (COMMUNITY BUSINESS
DISTRICT) ZONING CATEGORY TO
EINSTEIN BROTHERS, LOCATED AT 5705
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. 19-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 dine-in/take-out restaurant within a B-2 (Community
Business District) zoning category to Einstein Brothers, located at 5705 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 #10159 — June 5, 2003
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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 dine-in/take-out restaurant within a B-2 (Community
Business District) zoning category to Einstein Brothers, located at 5705 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 dine-in/take-out restaurant within a B-2 (Community Business District) zoning category to
Einstein Brothers, located at 5705 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. 19-Z-03), is HEREBY APPROVED subject to the following conditions.
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Temp Reso #10159 — June 5, 2003
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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 #10159 — June 5, 2003
Page 4
SECTION 6: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 25th day of June, 2003.
ATTEST:
MARION ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
�\
MITCHELL S. KRAF
CITY ATTORNEY
commdev\u:\pats\u serdata\wpdata\res\10159reso
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 C
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EINSTEIN BROTHERS
CASE NO. 19-Z-03 - TEMP RESO #10159
R-2 SITE
.............
B-2
T�;
B I
-2 FT
ml B-1
B-2
B-2 B-1
COMMERCIAL BOULEVARD
300 0 300 Feet
CITY COMMISSION
June 25, 2003
Special Exception I I Christopher King
Director
Community Development
Compiled by: SMR Date: 6/6/03
CITY OF TAMARAC
7525 N.W. 88th Ave.. Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: 724-2453
N
I
DESIGNATION OF AGEN'
FOR QUASI-JUDICIAL PROCEEwiNGS
DATE: U-
CASE NO.. C� -- C j _ 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.
I , WILL ATTEND THE QUASI -JUDICIAL -
Bert name of Agent)
HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION,
LCw1Ip -!- AS MY PERMISSION TO ACT AS MY AGENT IN
A L MATT RS RELA ING TO ANY PROCEEDINGS RELATED TO
Lx
3�a 1
(Address of tbbject property)
---.--,----THIS F013M-.MVST BE. RETURNED_ PRIOR TO THE _OUASI-JUDICIAL HEA81_NG.._.,_.__-_
SIGNATURE OF OWNER:
{PrintNa�
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
Phone:95Y:gr.j1- 855,5- Fax: - W-93-79
The foregoing instrument was acknowledged before me this ._ t day of
2Di , by lcWe Mffo ( , owner of property, who is
sonally known tq me or has produced identification (. i )and
(type o ntif!cation)
who (didldid not) take an oath.
Notary PuYic State of Florida
My Commission Ex ires:.
.', HAEL J. FIMIANI i
OM N # CC 878671 ✓i �,; f' 'L `' /1 '�'
+. r_ MY COMMISSION
a: •A, EXPIRES; October 22, 2003
Bonded ThruNataryPu6lkUndarwnters (Type or print name of Notary)