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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-041Temp Reso #10036 — February 6, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- 4/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF A FAST-FOOD RESTAURANT WITHIN A B-2 (COMMUNITY BUSINESS DISTRICT) ZONING CATEGORY TO QUIZNO'S CLASSIC SUBS, LOCATED AT 4001 WEST COMMERCIAL BOULEVARD IN THE SUNSHINE PLAZA SHOPPING CENTER, SPECIFICALLY A PORTION OF TRACTS 7 AND 8, SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF THE "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 5-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 fast-food restaurant within a B-2 (Community Business District) zoning category to Quizno's Classic Subs, located at 4001 West Commercial Boulevard in the Sunshine Plaza shopping center, specifically a Portion of Tracts 7 and 8, Section 13, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on February 5, 2003, thereon and has recommended approval of this application; and Temp Reso #10036 — February 6, 2003 Page 2 WHEREAS, the Director of Community Development recommends approval of this application; and 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 WHER�4S, 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 fast-food restaurant within a B-2 (Community Business District) zoning category to Quizno's Classic Subs, located at 4001 West Commercial Boulevard in the Sunshine Plaza shopping center, specifically a Portion of Tracts 7 and 8, Section 13, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 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 fast-food restaurant within a B-2 (Community Business District) zoning category to Quizno's Classic Subs, located at 4001 West Commercial Boulevard in the Sunshine Plaza Temp Reso #10036 — February 6, 2003 Page 3 shopping center, specifically a Portion of Tracts 7 and 8, Section 13, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, requested by Yigal Aviani (Case No. 5-Z-03), is HEREBY APPROVED. 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. 3. The hours of operation shall be Monday through Saturday from 11:00 a.m. to 9:00 p.m. and Sunday from 12:00 p.m. through 8:00 p.m. 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. I-] Temp Reso #10036 — February 6, 2003 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 26th day of February, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. com and ev\u:\pats\userdata\wpdata\res\10036reso RECORD OF COMMISSIO MAYOR SCHREIBER 7j DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN ._� DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS i E: 1 1 No Text Dec 11 02 11:580 '4 86 DEVELOPMENT t561) 748-8114 1:/11/02 00:10 FAX 195472- 2453 CITY OF TMURAC Zoos DESIGNATION OF AGENT _U DEC 3, 0 PH 3; 53 FI)R QUASI-JUDICIAL PROCEEDINGS - DATE: 20 December 2003 CASE NO.: S- z - D S IN THE MATTER OF: ANY PERSON APPI ARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YC UR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPFJ X AT THE QUASI.JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINI D wITHOUT THE BENEFIT OF THEIR TESTIMONY. Yigal Aviani WILL ATTEND THE QUASI-JUDICIAL (insert name of A, lent) HEARING TO 1;E HELD IN My ABSENCE !N ADDITION, _ Yigal Aviani_ HAS MY PERMISSION TO ACT AS MY AGENT IN ALI,- MATTERS IELATING TO ANY PROCEEDINGS RELATED TO Subject Quizno's Subs, 4001 W. Commercial Blvd., Tamarac, FL 33321. (Address of subject property) THIS FORM MUST B ! RETURNED PRIOR TO THE 43UASI-JUDICIAL HEARING. SIGNATURE OF OW AER: NAMIJADDRESS AND PHONE NO. OF DESIGNATED AGENT: mco Gershe tsn, Inc. Y (P ntJNme of C wnsr) (Print Name of Designated Agent) Step nucharski Director of Construction 10738 N. Sarasota Drive Cooper City, FL 33026 Phone:305-888-0337 Fax: 305-887-5121 STATE OF FLORID): COUNTY OF BROW kAD: The foregoing le strument was acknowledged before me this 20th day of December wner of property, who la personally known ti , ms or has produced identification _____)and (type o f identification) who (did/did not) to ce an oath. No Public State of Michigan My Commission Ex )fires: July 9, 2003 Margaret L. Lembas (Type or print name: of Notary) P.6