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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-262F August 30, 2000 - Temp Reso #9106 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, GRANTING A SPECIAL EXCEPTION TO ALLOW THE ON -SITE CONSUMPTION OF ALCOHOLIC BEVERAGES (INCLUDING THE SALE OF BEER AND WINE) AS AN ACCESSORY USE TO A PROPOSED RESTAURANT IN A B-1 (NEIGHBORHOOD BUSINESS DISTRICT) ZONING CATEGORY TO MAMMA LUCIA RESTAURANT, LOCATED AT 8695 WEST MCNAB ROAD (COLONY WEST SHOPPING CENTER); SPECIFICALLY PARCEL "B" OF THE "COLONY WEST SHOPPING PLAZA" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 84, PAGE 25 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; CASE NO.9-Z-00; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 24-434 of the Code of Ordinances of the City of Tamarac provides for the operation of a restaurant in a B-1 Zoning District subject to the granting of a Special Exception; and WHEREAS, on April 24, 1991 the City Commission adopted Resolution No. R-91-70 (attached hereto as Exhibit "1 ") approving a Special Exception to operate a restaurant at 8695 West McNab Road and providing for the administrative transfer of said Special Exception; and 1 August 30, 2000 - Temp Reso #9106 2 WHEREAS, the applicant has paid all applicable fees and submitted all necessary documents to transfer the Special Exception to permit the operation of a restaurant and City staff has transferred said Special Exception to permit the operation of a restaurant at 8695 West McNab Road; 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 (including the sale of beer and wine) as an accessory use to a permitted use in a B-1 (Neighborhood Business District) zoning category; and WHEREAS, on September 30, 1985 the City Commission of the City of Tamarac adopted Resolution No. R-85-300 (attached hereto as Exhibit "2") approving a Special Exception to allow the on -site consumption of beer and wine at a restaurant located at 8695 West McNab Road and requiring approval of the City Commission prior to transferring said Special Exception; and WHEREAS, Mamma Lucia Restaurant has requested approval of a Special Exception to allow for the on -site consumption of alcoholic beverages (including the sale of beer and wine) as an accessory use to a proposed restaurant located at 8695 West McNab Road (Colony West Shopping Center); specifically Parcel "B" of the "Colony West Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25 of the Public Records of Broward County, Florida; and WHEREAS, the Planning Board held a public hearing on September 6, 2000, thereon and has recommended approval of this application; and 1 August 30, 2000 - Temp Reso #9106 3 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 on -site consumption of alcoholic beverages (including the sale of beer and wine) as an accessory use to a proposed restaurant in a B-1 (Neighborhood Business District) zoning category to Mamma Lucia Restaurant, located at 8695 West McNab Road (Colony West Shopping Center); specifically Parcel "B" of the "Colony West Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25 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 on -site consumption of alcoholic beverages (including the sale of beer and wine) as an accessory August 30, 2000 - Temp Reso #9106 4 use to a proposed restaurant in a B-1 (Neighborhood Business District) zoning category to Mamma Lucia Restaurant, located at 8695 West McNab Road (Colony West Shopping Center); specifically Parcel "B" of the "Colony West Shopping Plaza" Plat, according to the Plat thereof as recorded in Plat Book 84, Page 25 of the Public Records of Broward County, Florida, requested by RafFaele Scatamacchia; Case No. 9-Z-00, 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. 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. 1 1 August 30, 2000 - Temp Reso #9106 5 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this c0 day of A, 2000. ATTEST: ' MARION S' ISON CITY'tLERK I HEREBY CERTIFY that I have1121ON ved this R�Sas to f0ft. ITCHELL SLXRAF CITY ATTORNEY commdev\u:\pats\u serdata\wpd ata\res\9106 reso .A JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER,.,......... DIST 1: COMM. PORTNER..,,, DIST 2: COMM. MISHKIN --. DIST 3: COMM. SULTANOF. DIST 4: VIM ROBERTS 0 y . Temp. Reso, $6038 3 CITY OF TAMARAC, FLORIDA S RESOLUTION NO. R-91-70-- A RESOLUTION TRANSFERRING A SPECIAL USE EXCEPTION FOR THE FIVE STAR RESTAURANT 7 IN THE SHOPS OF TAMARAC AT 8695 W. MCNAB TAMARAC; AND PROVIDING AN r EFFECTIVE DATE. 30 WHEREAS, the City Council previously approved the Special 21 Use Exception for a restaurant; and 32 WHEREAS, the City Council wishes to transfer said Special 13 Use Exception to the new owner of the restaurant located in The 34 Shops of Tamarac, 8695 W. McNab Road, Tamarac. 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 TAMARAC, FLORIDA: 17 SECTION l: The Special Use Exception for a restaurant is 1� HEREBY TRANSFERRED for the Five Star Restaurant located in The Shops 1• of Tamarac, 8695 W. McNab Road, Tamarac. 2[ SECTIOTJ 2: The following conditions shall apply: 23 A. The applicant shall be required to pay all appropriate admin- 22 istrative fees and submit the required documents associated 23 with the Special Use Exception Transfer. 24 B. The Special Exception is transferable, administratively, by 25 City Staff, pursuant to compliance with City Codes and sub- 26 mitting documentation. 27 SECTION 3: This Resolution shall become effective 28. immediately upon adoption. • 29 PASSED, ADOPTED AND APPROVED this Z Lk day of 1991. a0 ]: N RMAN ABRAM WITZ 33 MAYOR ATTEST: 34 3s C Zncl \,DNS — RECORD OF CAl W-LvOTE CITY CLERK �VrrZ MAYOR r.�xsvY =7177 ti-.atI have DISTRICTI• C/A4KATT_ ay;�r this R :)ption as 01STRICT2 QW t0 OttA. EXHIBIT 111" MP RESO #9106 1 1'I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Introduced by_4 1*�� CITY OF TAMARAC, FLORIDA Temp. Reso, #3741 I EXHIBIT "2" RESOLUTION NO. R-85- 3 o a TEMP R A RESOLUTION TRANSFERRING A SPECIAL EXCEPTION FOR ON -PREMISES CONSUMPTION OF BEER AND WINE TO ANDREAS ATHANASOPOULOS D/B/A ANDREAS FAMOUS RESTAURANT LOCATED AT 8695 W. MCNAB ROAD, SHOPS OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council granted a Special Exception to permit on - premises consumption of beer and wine to the Boardwalk Restaurant by Resolution 76-6; and WHEREAS, the City Council wishes to transfer the Special Exception to: Andreas Athanasopoulos D/B/A Andre's Famous Restaurant 8695 W. McNab Road NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Special Exception permitting consumption of alcoholic beverages for Boardwalk Restaurant is hereby transferred to Andreas Athanasopoulos, D/B/A Andre's Famous Restaurant, located at 8695 W. McNab Road, Tamarac. SECTION 2: The following conditions apply: 1. The hours of operation are from 8.00 A.M. to 2:00 A.M., local time, with no sale of beer and wine prior to noon on Sundays. 2. This license is not transferable to any other individual or to any other location without the approval of the City Council. SECTION 3: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 30-day ofa--.� 1985. ATTEST: MAYOR 4ASI:SXA6H��Y CLERK I HEREBY CERTIFY that I have approved the form and aorreyness of this Reso).uiion. I 7/TTORNEY RECORD OF COUNCIL VQTIE MAYOR: KRAVITZ r DIST 4: C/�7 STEIN 2 G DIST 3: C/iM GO i fESMAN DIST 2: C/M MUNITZ DIST 1: V/M MASSARO #9106 W., MAMA LUCIA RESTAURANT CASE NO.9-Z-00 - TEMP RESO #9106 CITY COMMISSION SEPTEMBER 13, 2000 Special Exception MI_Lf CI / RSA I Christopher King a Cann -ty Development 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 PROCEEDINGS DATE: CASE NO.: �- z --- ec) -: 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. WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO Mc-Au4m go (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: (Print Name of Owner) SuGKv -I-Sl-1. Phone: STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: (Print Name of Designated Agent) Fax: The foregoing instrument was acknoww ed ed before me this day of , tS(O by// ,4 /�/,� a , owner of property, who is feF!Onally known tome or has produced ide ificati (%-.000-3a �38 )and ntifica -Qn) who (did/did not) take an oath. OPCL L,tiar v scf . fa^.9cc, z� .. I `7T'r rzy PUBLIC E i �,T.` L:r, n coin: My Commission Expires: (Type or print name of Notary) r DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: 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 AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. fCA '��' ��•f rs/i£cch�it� , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON IN MY ABSENCE. IN ADDITION, _ HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO c (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Ir ddA_44_9,21k�L -a :5 --A 774 A /' 4 (Print Name of Owner) (Print Name of Designated Agent) /SAa�GLl� SuL.KawS K 1, Phone: Fax: STATE OF FLORIDA: COUNTY OF BROWARD: The foregoing instrument was acknowLgd ed before me this day of , t2ll by� A / -7 ',a ,owner of property, who is #enally known tome or has produced ide ificati (T - 000-� - f3 and lade edl-dentificationl who (did/did not) take an oath. My Commission Expires; 6F V PMUC `3rA'M CIV;Lo.v lorida (Type or print name of Notary)