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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-148Temp Reso #10160 — June 5, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 14 -e A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A DINE -IN RESTAURANT WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO NEW YORK ITALIAN BUFFET, LOCATED AT 5879 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. 20-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 restaurant within a B-2 (Community Business District) zoning category to New York Italian Buffet, located at 5879 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 #10160 — 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 a dine -in restaurant within a B-2 (Community Business District) zoning category to New York Italian Buffet, located at 5879 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 restaurant within a B-2 (Community Business District) zoning category to New York Italian Buffet, located at 5879 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. 20-Z-03), is HEREBY APPROVED subject to the following conditions. Temp Reso #10160 —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. SECTION 6: adoption. Temp Reso #10160 — June 5, 2003 Page 4 This Resolution shall become effective immediately upon PASSED, ADOPTED AND APPROVED this 25th day of June, 2003. ATTEST: f MARION SWINSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KRAFT CITY ATTORNEY commdev\u:\pats\u serdata\wpdata\res\ 10160reso 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 E 1 NEW YORK ITALIAN BUFFET CASE NO. 20-Z-03 - TEMP RESO #10160 57TH STREET 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 DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEE�.:NGS 1an3 DATE: �blj (p CASE NO.: 0- --'o-3 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.....,....- JC) WILL ATTEND THE QUASI -JUDICIAL - (in ert name of Agent) HEARING TO BE HELD ON ALL " MA IN MY ABSENCE. IN ADDITION, PERMISSION TO ACT AS MY AGENT IN ANY PROCEEDINGS RELATED TO m C1. 3 3A z ject property) THI$.FORM_MU.ST.BE_RETURNED_PRIOR TO THE_QUA.S_.I UDICIAL _ - HEARING. (Address of 3 MY TO SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO. OF.DESIGNATED AGENT: Phone: -qX9-7 S STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowledged before me this C( day of 2003 by _ _ ����c_ t{lor-2_I Iowner of property, who is ersonally known t me or has produced identification (_ _ jand (type of identification) who (did/did not) take an oath. My Commission Expires: RYN L. HARRIS MI5510IN # DD 09C573 ES: March 26.2CC6 *-e00-,1NCjTA:RYFLNo Service S aonding, Inc. �Notaublic State of Florida (Type or print name of Notary)