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HomeMy WebLinkAboutCity of Tamarac Resolution (75)February 8, 2002 — Temp Reso #9680 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A LIMITED PARKING WAIVER OF FIVE (5) REQUIRED PARKING SPACES FOR A CHURCH PROPOSED TO BE LOCATED IN THE COMMERCIAL SQUARE SHOPPING CENTER ON EVENINGS AND SUNDAYS WHEN MOST OF THE BUSINESSES ARE CLOSED TO GRACE TABERNACLE WORSHIP AND PRAISE MINISTRIES LOCATED AT 8448 NW 57 STREET; SPECIFICALLY LOT 8, BLOCK 7 OF THE "LYONS COMMERCIAL SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 69, PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 2-Z-02); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances provides that the City Commission may grant a limited waiver of the off street parking and loading requirements whenever a hardship would exist by adhering to strict application thereof, and further provides that the waiver would not be detrimental to the public safety, health and welfare of the citizens of the City; and WHEREAS, a hardship exists for the Grace Tabernacle Worship and Praise Ministries located at 8448 NW 57 Street (Commercial Square Shopping Center); and WHEREAS, the Planning Board held a public hearing on February6, 2002, thereon and recommended approval of this application; and February 8, 2002 — Temp Reso #9680 2 WHEREAS, the Director of Community Development has thoroughly reviewed and recommends approval of this application; and WHEREAS, the City Commission desires to take action on the Limited Parking Waiver requested in the application by the Grace Tabernacle Worship and Praise Ministries to grant a waiver of five (5) required parking spaces located in the Commercial Square Shopping Center located at 8448 NW 57 Street on evenings and Sundays when most of the businesses are closed; and WHEREAS, the Grace Tabernacle Worship and Praise Ministries will not occupy 8448 NW 57 Street during normal business hours, and on -site parking will be adequate for hours of operation as specified in this Resolution; and WHEREAS, the owner of Commercial Square Shopping Center located at 8448 NW 57 Street has expressed in writing no objection to the Grace Tabernacle Worship and Praise Ministries utilizing on -site parking during services; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to grant the Limited Parking Waiver. 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. 1 L 1 February 8, 2002 — Temp Reso #9680 3 SECTION 2: That the application granting approval of a Limited Parking Waiver of five (5) required parking spaces on evenings and Sundays when most of the businesses are closed for Grace Tabernacle Worship and Praise Ministries located in the Commercial Square Shopping Center located at 8448 NW 57 Street is HEREBY APPROVED, subject to the following conditions: (1) All proposed events to be held at the proposed church must be scheduled during periods when all tenants are not open for business. (2) If any of the above conditions are not met, the Limited Parking Waiver and Certificate of Occupancy for the proposed church shall be subject to revocation. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. February 8, 2002 — Temp Reso #9680 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 131h day of March, 2002. ATTEST: MARION S ENSON, WC CITY CLERK I HEREBY CERTIFY that I have pred this RE L T bN as to form. I HELL q. IOMFT ITY ATTORNEY com mdev\u:\pats\userd ata\wpdata\res\9680reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ave., DIST 1: COMM. PORTNER A e/ DIST 2: COMM. MISHKIN Aye, DIST 3: V/M SULTANOF Aye., DIST 4: COMM. ROBERTS five., 1