HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-296Temp Reso #10300— December 5, 2003
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ICITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003-296
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, GRANTING A SPECIAL
EXCEPTION TO PERMIT THE OPERATION
OF A DINE -IN, TAKE-OUT RESTAURANT
WITHIN A B-1 (NEIGHBORHOOD
BUSINESS DISTRICT) ZONING CATEGORY
TO ANNA'S ITALIAN RESTAURANT
LOCATED AT 7658 NOB HILL ROAD IN THE
KINGS POINT COMMERCIAL PLAZA,
SPECIFICALLY PARCEL "A" OF THE
"KINGS POINT COMMERCIAL PLAZA"
PLAT, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK
146, PAGE 12 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA (CASE
NO. 46-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-1
(Neighborhood Business District) zoning category to Anna's Italian Restaurant located at
7658 Nob Hill Road in the Kings Point Commercial Plaza, specifically Parcel "A" of the
"Kings Point Commercial Plaza" Plat, according to the Plat thereof as recorded in Plat Book
146, Page 12 of the Public Records of Broward County, Florida; and
WHEREAS, the Planning Board held a public hearing on December 3, 2003
thereon and has recommended approval of this application; and
WHEREAS, the Director of Community Development recommends approval of this
application; and
Temp Reso #10300— December 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-1
(Neighborhood Business District) zoning category to Anna's Italian Restaurant located at
7658 Nob Hill Road in the Kings Point Commercial Plaza, specifically Parcel "A" of the
"Kings Point Commercial Plaza" Plat, according to the Platthereof as recorded in Plat Book
146, Page 12 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-1 (Neighborhood Business District) zoning
category to Anna's Italian Restaurant located at 7658 Nob Hill Road in the Kings Point
Commercial Plaza, specifically Parcel "A" of the "Midway Plaza" Plat, according to the Plat
thereof as recorded in Plat Book 146, Page 12 of the Public Records of Broward County,
' Florida, requested by Domenico Catania (Case No. 46-Z-03), is HEREBY APPROVED
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Temp Reso #10300— December 5, 2003
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subject to the following conditions.
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: This Resolution shall become effective immediately upon
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Temp Reso #10300— December 5, 2003
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adoption.
PASSED, ADOPTED AND APPROVED this 17th day of December, 2003.
ATTEST:
r MARION SWENSON, CMC'
G CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITOH LL & KRAFT
CITY ATTORNEY
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JOE SCHREIBER
MAYOR
Record of Commission Vote:
Mayor Schreiber: Aye
Commissioner Portner: Aye
Commissioner Flansbaum-Talabisco:Aye
Commissioner Sultanof: Aye
Vice Mayor Roberts: Aye