HomeMy WebLinkAboutCity of Tamarac Resolution (140)May 3, 2002 - Temp Reso #9768
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-140
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, GRANTING A SPECIAL
EXCEPTION TO ALLOW THE OPERATION
OF A RESTAURANT AND BAR WITH ON -
SITE CONSUMPTION OF ALCOHOLIC
BEVERAGES IN A B-2 (COMMUNITY
BUSINESS DISTRICT) ZONING CATEGORY
TO FEENEY'S IRISH PUB LOCATED AT
7513 NW 57T" STREET (BIG LOTS PLAZA);
SPECIFICALLY ALL OF PARCELS "B" AND
"C" OF "THE MAINLANDS OF TAMARAC
LAKES NINTH SECTION" PLAT,
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 67, PAGE 48
OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, LESS THAT PORTION
QUIT CLAIMED TO BROWARD COUNTY IN
OFFICIAL RECORDS BOOK 16456, PAGE
727 BROWARD COUNTY RECORDS (CASE
NO.5-Z-02); 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 operation of a
restaurant and bar in a B-2 (Community Business District) zoning category as a permitted
use; and
WHEREAS, the Code of the City of Tamarac provides for the granting of a special
exception to allow the on -site consumption of alcoholic beverages as an accessory use to
a permitted use in a B-2 (Community Business District) zoning category; and
WHEREAS, Feeney's Irish Pub has requested approval of a Special Exception to
May 3, 2002 - Temp Reso #9768 2
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allow the operation of a restaurant and bar with on -site consumption of alcoholic beverages
to be located at 7513 NW 571h Street (Big Lots Plaza); specifically Parcels "B" and "C" of
"The Mainlands of Tamarac Lakes Ninth Section" Plat, according to the Plat thereof as
recorded in Plat Book 67, Page 48 of the Public Records of Broward County, Florida, less
that portion quit claimed to Broward County in Official Records Book 16456, Page 727
Broward County Records; and
WHEREAS, the Planning Board held a public hearing on May 1, 2002, thereon and
has recommended approval of this application; and
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
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 this special
exception to allow the operation of a restaurant and bar with on -site consumption of
alcoholic beverages in a B-2 (Community Business District) zoning category to Feeney's
Irish Pub located at 7513 NW 57t" Street (Big Lots Plaza); specifically all of Parcels "B" and
"C" of "The Mainlands of Tamarac Lakes Ninth Section" Plat, according to the Plat thereof
as recorded in Plat Book 67, Page 48 of the Public Records of Broward County, Florida,
less that portion quit claimed to Broward County in Official Records Book 16456, Page 727
Broward County Records.
May 3, 2002 - Temp Reso #9768 3
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 restaurant and bar with on -site consumption of alcoholic beverages in a B-2 (Community
Business District) zoning category to Feeney's Irish Pub located at 7513 NW 57t" Street
(Big Lots Plaza); specifically all of Parcels "B" and "C" of "The Mainlands of Tamarac Lakes
Ninth Section" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 48 of
the Public Records of Broward County, Florida, less that portion quit claimed to Broward
County in Official Records Book 16456, Page 727 Broward County Records, requested by -
Emerson Allsworth, Esq. (Case No. 5-Z-02) 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. No sale of alcoholic beverages is permitted after 2:00 a.m.
4. Adequate security shall be provided during evening hours.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
May 3, 2002 - Temp Reso #9768 4
1
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 its
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 22"d day of May, 2002.
w
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC
CITY CLERK MAYOR SCHREIBER A ye,
DIST 1: V/M. PORTNER Al ye,
DIST 2: COMM. MISHKIN_A
I HEREBY CERTIFY that I DIST 3: COMM. SULTANOF_,4yPi
have approved this /DIST 4: COMM. ROBERTS 6-el
RESC LOT16N as to form.
MITCHELL S. KF
CITY ATTORN
commdev\u:\pats\userdata\wpdata\res\9768reso
No Text
/jo7/02 16:58 FAX 19547242453 CITY OF TAMARAC Z 002
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
a2 :p--
CASE NO.:
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 AITTHEHOUTaHE BEN1»FIUASI-JUCIUTIAL HEARING AND THOF THEIR TESTIMONYE MATTER
MAY BE DETERMINED W
EMERSON ALLswORTH , WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO 8E HELD ON IN MY ABSENCE. IN ADDITION,
EMERSON ALLSWORTH HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
EytS 13*6 PUB LOCATED AT 7513 NORTHWEST 47Ch STREET, TAMARAC, FLORIDA .
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGN AT RE F WNER:
BIG LOTS PLAZA,
(Print Name of Owner)
A FLORIDA LIMITED PARTNERSHIP BY
KELLY MEHTA GENERAL PARTNER
STATE OF FLORIDA,
COUNTY OF BROVVARD:,
NANIVADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
EMERSON ALLSWORTH
(Print Name of Designated Agent)
1177 SOUTHEAST THIRD AVENUE
FORT LAUDERDAL)a, FLORIDA 33316-1197
Phone: 9 - 2--340o Fax:" 954-525-3423
The foregoing instrument was acknowledged before me this &L_ day of
a� 200..36 by oil a his owner of property, who is
P!aanally known to me or has producea identification (_ ___— ---fiend
(type of identification)
Who (did/did not) take an oath.
My Commission Expires:
.60 o Lila M VAliams
My Comrtxssion OD007499
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�Ye, n Expires May 26 2005
Notary Public State of Florida
I,a Yoh . LU � I j `c► k-A C
(Type or print name of Notary)