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Home My WebLink AboutOrders_Variances_11/14/2019_VAR 5-19_Russell Properties TequestaORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR VARIANCE CASE NO.: VAR 5-19 FILED: Village of Tequesta Date: I ( - 19 - If IN RE: Russell Properties of Tequesta, LLC, Owner Time: ;-/ a,4A Pasquale Parente, Applicant PROPERTY LOCATION: 241 S U.S. 1, Tequesta, FL 33469 LEGAL DESCRIPTION: WATERWAY VILLAGE LOT A PARCEL CONTROL NUMBER: 60-43-40-30-05-000-0901 VARIANCE REQUESTED: Variance from Sec.78-298 to allow the consumption on premises (restaurant use) of alcoholic beverages within 1000 feet of a church and school in the C-2 Zoning District. ORDER APPROVING APPLICATION This cause came on to be heard upon the above application and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly advised, THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS: 1. The subject property is located in the C-2 Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for variance review. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its November 14, 2019 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Section 78-61, variance approval by the Village Council is required. 5. The applicants have applied for a variance from Sec.78-298 to allow the consumption on premises (restaurant use) of alcoholic beverages within 1000 feet of Page 1 a church and school in the C-2 Zoning District. 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Variance, Case No. VAR 5-19 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to allow the consumption on premises (restaurant use) of alcoholic beverages within 1000 feet of a church and school in the C-2 Zoning District in accordance with the variance application attached hereto as Exhibit "A" is hereby APPROVED since the Village Council hereby finds that the applicants have met the standards set forth in Section 78-65 of the Tequesta Zoning Code for variance approval. * The term applicant(s) as used herein shall include all successors and assigns. * The variance shall expire within six months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the six-month period and construction has begun thereunder. DONE AND ORDERED THIS 14 DAY OF NOVEMBER, 2019. ABIG RE AN, VILLA E OF TEQUESTA LORI McWILLIAMS, MMC I OOrr' VILLAGE CLERK (jSEAL k INCORPORATED;' 4 Page 2 Agenda ,-.!-°` ' VILLAGE OF TEQUESTA DEPARTMENTAL USE ONLY j A = Department of Community Development Fee Paid: • 4345 Tequesta Drive Intake Date: 1. �, ��' 1,-° Tequesta,Florida 33469 �F ' ` ` Ph:561-768-0451/Fax:561-768-0698 PROJECT#: 'co Couto{ www.tequesta.org APPLICATION FOR VARIANCE PLANNING &ZONING BOARD (Single Family) J Meeting Date: VILLAGE COUNCIL ElMeetingDate: PROJECT NAME: Bellini's Eatery PROJECT ADDRESS: 241 S US1 Tequesta, Florida 33469 Applicant Name: Pasquale Parente Applicant Address: 1203 Merlot Drive Palm Beach Gardens, Floridea 33410 Applicant Phone No.: Fax No.: Cell Phone No.: (518) 858-6066 E-mail Address: Iparente68@aol.com Provide written approval from the property owner,if other than the applicant. Property Owner's Name: Russell Propeerties Of Tequesta ,llc Property Owner's Address:12008 South Shore Blvd. Suite108 Wellington, Florida33414 •oPertv Owner's Phone No.: Fax No.: E-mail Address: NATURE OF VARIANCE: Application for variancefrom Sec.78-298 precluding the sale of intoxicating beverages for on premisie consumption at an establishment located within 1000ft of any school, church or youth center. Bellini's Eatery 241 S US1 Tequesta, Florida 33469 SIGNATURE OF APPLICANT: /7,�!G%` /7�z DATE: J/t 7/7 NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: 1) Current survey or site plan of property showing all structures and setbacks. 2) Drawings to scale of proposed improvements. 3) Variance Criteria Response—page 2 of application. 4) Any other documentation pertinent to this application. 5) List and map of all property owners within 300' radius of the outermost perimeter of subject property, obtained from PBC Property Appraisers Office. Labels of each property owner must be affixed to stamped self-adhesive envelopes with a Village of Tequesta return address label. 6) 15 Copies of all submittal documents. 7) Application Fee of: A) Single Family: $300.00 C)Multiple Family $1000.00 B) Duplex: $700.00 D)Commercial $1000.00 To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and special studies,the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30 days after final application approval whichever is determined as appropriate by the village.Failure to make such payment may be grounds for not issuing a building or zoning permit,certificate of occupancy • or completion. Costs associated with advertising for public hearings and other public notice requirements are the responsibility of the applicant.The fee shall be paid prior to such application being scheduled for a public hearing requiring notice. 1 Page 397 of 427 geniifan IANCE:You must provide a response to each of the following questions per Zoning Code Sec. 78-65(2) a.-f. If additional space is needed, please attach extra pages to this application. If your variance request is related to the public Illwaters of the state comprising the Loxahatchee River and the Intracoastal Waterway and all creeks, canals or waterways or butaries connected therewith,located within the geographical boundaries of the Village,you must also address the ten criteria sted in the Sec.76-7(next page). 1. Special conditions and circumstances exist which are peculiar to the land,structure,or building involved and which are not applicable to other lands,structures or buildings in the same zoning district. Other establishments near the Rock the Spectrum Gym which are within 1000 feet have obtained a variance to serve intoxicating beverages such as beer and wine for consumption on the premise , One example of this is Lou's Bar& Grill located at 236 S US1 Tequesta, Florida 33469. 2 The special conditions and circumstances do not result from the actions of the applicant. Other establishments near Rock the Spectrum Gym whic is a youth gym have obtained a variance to serve beer and wine for the consumption on the premises within 1000 feet of a church, school or youth center. 3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildin s or structures in the same zoning district. Other previous businesses in C-2 district have obtained variance to sell intoxicat IIIfor on premises consumption. 4 Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Other previous businesses in C-2 district have obtained variance to sell intoxicating beverages for on premises consumption. 5 The variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. No additional variances will be necessary to allow the applicant to operate a business where the sale of beer and wine for on premises consumption is a resonable use for a restaurant. 6 The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the requested variance will be in harmony with the general intent of this chapter and will not be injurious to the area involved or otherwise detrimental to the public welfare. Other tenants • this shopping center have been granted a variance to sell beer and wine for on premises consumption. 2 Page 398 of 427 Agenda Item #21. • KI Gy M ►t 9/23/2019 223 S US Highway 1 Tequesta, FL 33469 561-529-3559 To Whom it May Concern, • I,Jenna Pignato, Co-Owner of We Rock the Spectrum Jupiter/Tequesta give Bellini's Eatery located at 241 S US Highway 1 in Village Square Plaza permission to obtain a beer and wine license for their establishment. We look forward to having them join our plaza! Sincerely, Jenna Pignato (Co-Owner We Rock the Spectrum Jupiter/Tequesta) X- Aff r, ! 1 • • Page 399 of 427 Agenda Item #21. Russell Properties of Tequesta LLC September 24th, 2019 • Approval Letter Dear Village of Tequesta: As owner of Village Square Plaza in Tequesta FL, I am writing this letter to approve my tenant Bellini's restaurant to require a beer and wind license for there restaurant that is located at 241 S US Highway#1 Tequesta FL, 33469, If you have any questions on approval for this company feel free to contact me at 225-397-5072. Thank you for your support. • Page 400 of 427 - 1 ____. l_.„,.. it .j 01, - -, '„L. . .t.- ---:', 4itiii ( k,, ,, /1 r - � •: 1. v1 04 aj uT t I 4 - r c - .Ili c f Q D a v° N r m r. a 1 a °o c` A �3 F a f r • 3 r0 ': ro - . f ; p! ' " " . LdA .-. Ldp ( 1 - • i ' = _ Pb raa$ACa S a -_ N N ..;` ,.y ,.: • . .. .... i_ ;__..... :, . IL .4:1 d is.7 i .3 a 1 �. x441 i ��I ,� °, ,f ,; . - 1 -'1 i. , i - i .. 4.I,ail _ 41101111,, ;fir z IIu ..l _ LI_ 1 _ . . • .. Y i• IA �:Y. Ee' - 0, ' A P a...r._., , r 4 -- ~: alx I VI in I ; [41. . 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