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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/12/2020 Agenda Item #11. e Regular Council ram. 97 STAFF MEMO Meeting: Regular Council - Nov 12 2020 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development VAR 05-20: Application of Via Proxy LLC., 389 Tequesta Drive, Tequesta, FL 33469, for a variance from the requirement of Sec. 78-298 to sell intoxicating liquors, wines and beverages for consumption on the premises within a 402 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property owner is La Via Di Dio LLC. VAR 05-20: Application of Via Proxy LLC., 389 Tequesta Drive, Tequesta, FL 33469, for a variance from the requirement of Sec. 78-298 to sell intoxicating liquors, wines and beverages for consumption on the premises within a 402 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property owner is La Via Di Dio LLC. Variance Application 389 Tequesta Dr VIA PROXY LLC 2020 Business Summary Via Proxy LLC-2 Email from Tish (Via Proxy SUPPORT LETTER VIA PROXY 389 Tequesta Dr Letter for Via Proxy Distance Via Proxy-First Baptist CHurch Tequesta Distance Via Proxy-Lighthouse Art Academy FLOOR PLAN VIA PROXY 389 Tequesta Dr Distance Via Proxy-Church & School of Good Shepherd Page 304 of 478 Agenda Ite 1. r----------------------- DEPARTMENTAL USE ONLY ' VILLAGE OF TEQUESTA Ck.# Department of Community Development Fee Paid: 345 Tequesta Drive Intake Date: , Tequesta,Florida 33469 I ' Ph:561-768-0451/Fax:561-768-0698 PROJECT#: 4 ' www.tequesta.org I ' I ' ----------------------- APPLICATION FOR VARIANCE PLANNING &ZONING BOARD (Single Family) Meeting Date: VILLAGE COUNCIL Meeting Date: PROJECT NAME: Via Proxy LLC PROJECT ADDRESS: 389 Tequesta Drive,Tequesta, FL 33469 Applicant Name: Leticia Sawyer Applicant Address: 2 Garden St.,#207,Tequesta, FL 33469 Applicant Phone No.: 561.398.7918 Fax No.: Cell Phone No.: 561.398.7918 E-mail Address: tish.wowsolutionsfl@gmail.com Provide written approval from the property owner,if other than the applicant. Property Owner's Name: Antonietta Peterson, Owner- La Via Di Dio, LLC/Gallery Square North Property Owner's Address: 1844 Church St.,West Palm Beach, FL 33401 Property Owner's Phone No.: 561.262.3719 Fax No.: E-mail Address: furniture97@aol.com NATURE OF VARIANCE: Application for variance from Sec.78-298, precluding the sale of intoxicating liquors, wines and beverages for consumption on the premises of an establishment located within 1000 feet of any church, school or youth center. Applicant wishes to sell beer and wine within 1000 feet of a church and recreation center. SIGNATURE OF APPLICANT: DATE: August 7,2020 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 Multi le Familv 51000.00 B) Duplex: $700.00 LD=)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 305 of 478 Agenda Item #11. JUSTIFICATION OF VARIANCE: 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 waters of the state comprising the Loxahatchee River and the Intracoastal Waterway and all creeks, canals or waterways or tributaries connected therewith, located within the geographical boundaries of the Village,you must also address the ten criteria listed 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. Occupancy by the applicant of a pre-existing retail space with residential open kitchen layout constructed in strip shopping center, where previous tenant conducted cooking classes and private events in addition to retail sales. 2 The special conditions and circumstances do not result from the actions of the applicant. Pre-existing retail space with residential open kitchen layout constructed in strip shopping center,where previous tenant conducted cooking classes and private events in addition to retail sales. Applicant is a new tenant wishing to continue conducting retail sales,the addition of cooking classes and private events,with beer/wine consumption and sales(as an Accessory Use)during,and in conjunction with purchase of said cooking classes and private events. The pre-existing space is within 1000 feet of Church of the Good Shepherd/Good Shepherd Episcopal School,the Tequesta Recreation Center,and the First Baptist Church. 3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Other current and previous businesses in C-1 district have obtained variance to sell intoxicating beverages for on premises consumption (this includes Perk Coffee,Vintage Wine Bar,and Tequesta Stop&Shop). All within 1000 feet Church of the Good Shepherd/Good Shepherd Episcopal School,the Tequesta Recreation Center,and the First Baptist Church. 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 current and previous businesses in C-1 district have obtained variance to sell intoxicating beverages for on premises consumption (this includes Perk Coffee,Vintage Wine Bar,and Tequesta Stop&Shop). All within 1000 feet Church of the Good Shepherd/Good Shepherd Episcopal School, the Tequesta Recreation Center,and the First Baptist Church. 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 (with a 2COP license)is a reasonable use included with cooking classes and private events. 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 or otherwise detrimental to the public welfare. Current and previous businesses in C-1 district, in strip shopping centers were granted a variance to sell beer and wine for on premises consumption, and are within 1000 feet of above stated churches and youth center. 2 Page 306 of 478 Agenda Item #11. THIS SECTION IS NOT APPLICABLE Sec. 76-7.Variances. (to be completed only if Variance request is related to Waterway Control) (a) Any person desiring a variance from the terms of this chapter shall make application for such variance to the zoning board of adjustment of the village in accordance with the procedures set forth in this section. (b) In order to authorize any variance from the terms of this chapter,the Board of Adjustment MUST find with respect to the proposed project as follows: (1) The variance being requested meets the definition of the term "variance"as that term is used and understood in chapter 78,zoning. Variance means a variation from the district requirements of this chapter which is granted by the zoning board of adjustment, where such variance will not be contrary to the public interest and where,owing to conditions peculiar to the physical characteristics of that particular property and not the result of the actions of the owner, agent, or applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. (2) No hazardous condition would be created. (3) The flow of water would not be impeded or interfered with. (4) No obstruction to navigation would occur. (5) It would not interfere with traditional public uses of the waterway including,but not limited to,swimming,fishing,or boating. (6) It would not create an appreciable obstruction of waterway views or otherwise detract from aesthetic values. (7) It would not appreciably disrupt,interfere with,or disturb marine or benthic life. (8) It would not contribute to the pollution of the waterway or the degradation of its condition. (9) It would not interfere with the lawful rights of riparian owners. (10) It would be consistent with any other applicable laws,rules or plans. 3 Page 307 of 478 Agenda Item #11. � � P ROXY Shop & Forum 389 Tequesta Drive I Tequesta, FL 33469 1561.972,7095 1 1nfo(2wineproxLJ,com Tish Sawyer, Proprietor I Kiernan Mayes, Managing Partner Business Concept October 2020 A place in the community to shop, connect, have new tasting experiences, and enjoy! SHOP A locally owned Retail Shop & meeting place, tended by a wine & food-minded team that finds pleasure in uniting people, places, friends and families. The Retail Shop provides goods for entertaining, gift-giving, dining, and drinking. Business Hours: Tues-Fri 10am to 6pm I Sat 12-4pm I Sun Closed I Mon by Appt Only FORUM Reserve our space for private gatherings, networking, meetings, and intimate parties. Our Sommeliers are on-site to host private tastings, and meet your wine needs. Services are sourced locally Via Proxy to curate an experience that best suits our guests' tastes. BUSINESS MODEL 1. Retail Shop Sales: 65% minimum of total business [Primary Use] Includes the Sales Of: Home & Dining Goods, Glassware, Decor,, Gift Items,, Gift Baskets,, Picnicware, Non-Perishables, Literature,, Stationary Sourcing Local Products as much as possible. 2. Private Events: 35% of total business [Approved as an Accessory Use] Tasting Events upon Variance Application approval. A 2C0P License must be acquired after Variance approval to allow On-Premise Consumption during events. Event Component is one event per week, limited seating to ensure safe, social distancing. This includes groups such as: • Small groups of private clients (*Business Meetings, *Wine Tcstings, *Private Parties, *Networking Groups, Study Groups) • Local shop / business owners to meet and promote cross-marketing & networking for small businesses • Vendors to showcase items sold in the retail shop *Private events are reserved in advance, Wine Tastings are pre-sold as event tickets. And On-Premise consumption during events are included with the purchase of the event ticket. However, No Tasting Events will be scheduled until Variance Application is approved. Page 308 of 478 1 Agenda Item #11. � �71 PROXY Shop & Forum PROXY PEOPLE & BUSINESS EXPERIENCE Tish (Leticia) Sawyer, Proprietor & Certified Sommelier Wine & Spirits Education Trust (WSET) Level 3 Certified I GuildSomm Certified A Florida Resident from 1998, and Tequesta since 2007. Tish has been in Sales & Management for the Wine Industry, Retail, and Hospitality Business for 25 gears. The last 13 years have been in Tequesta /Jupiter, Florida with Augustan Wine Imports (2007-2017) as a Brand Manager, and the last 3 years as a Consulting Sommelier (Wine Menu Styling & Purchasing) for local wine shops and restaurants' currently for Coolinary Cafe and The Parched Pig in Palm Beach Gardens. Prior involvement in the Village Of Tequesta includes participating in / donating products or services at wine & food events for local establishments (in addition to Tequesta residents, Good Shepherd, In The Kitchen,, Renewal Coalition Board,, Lighthouse Gallery, Farmer's Market, and Evo Italian). It is with great pleasure to start this new business venture based in Tequesta. Kiernan Mayes, Managing Partner & Sommeher GuildSomm Level 2 A Florida Resident since birth, and now in Palm Beach Gardens since 2017. Kiernan, after graduating from the University of Alabama with a Geographical Information Sciences Degree, is now into the 4th year of her Wine Career. She is continuing her Wine Education & Certification with the Wine & Spirits Education Trust (WSET), as well as GuildSomm. With her prior experience at Cooper's Hawk as an Events Coordinator, and Total Wine as a Brand Manager she is a welcomed asset to Via Proxy. Kiernan is a valued friend & business partner-, her drive and passion for wine & people will add to the welcoming atmosphere at Via Proxy, she looks forward to cultivating lasting relationships outside and within the Tequesta Community. Page 309 of 478 2 Agenda Item #11. Lance Lilly From: Tish Sawyer <tish.wowsolutionsfl@gmail.com> Sent: Friday, July 10, 2020 11:01 AM To: Nilsa Zacarias Cc: Lance Lilly Subject: [EXTERNAL] 389 Tequesta Dr- nature of business CAUTION: External Good Morning Nilsa, Thank you for your time on our last couple of calls. I really appreciate your assistance with this process. I have provided the information requested below, which includes a breakdown for your department to review. Please let me know if there are any parts of this that should warrant any additional details. I look forward to hearing from you. Via Proxy LLC 389 Tequesta Dr. Tequesta FL, 33469 (Local Shop & Forum) Connecting people, places, and palates Via Proxy, Shop & Forum Proposed Hours: Monday (Appt Only) I Tue-Fri 10am-6pm I Sat 12pm-6pm I Closed Sunday & Holidays Business Involves 2 Components 1. Retail/Gift Shop Sales: 65% revenue of total business Includes: Home Goods (Dish/Cook-ware, Glassware, Utensils, Table Linens, Picnicware, Candles, Wine Vessels & Serving Tools, Stationary- Gift Cards, Baskets, Gift Bags & Gift Wrap). Sourcing Local Products as much as possible. 2. Private Wine & Catered Cooking Classes (Event Ticket Sales): 35% revenue of total business Hosting Tasting/Cooking Class (a maximum of) 2 evenings per week(6:30pm-9pm) * 10 guest maximum to ensure safe, social distancing * Co-hosting with local Chefs, Certified Sommeliers, Cicerones (Certified Beer Specialists), Retail/Gift product vendors, small family-owned wineries &winemakers Classes catering to: * Small groups of private clients/patrons (for cooking classes with local Chefs & Sommeliers - with optional wine pairing) * Local restaurant servers & managers (for wine &beer product training and safe wine/beer service) * Local shop/business owners to promote cross-marketing &networking for small businesses * Vendors to coincide with Chef/Tasting Classes to feature Dish/Cook/Glassware/Gift items that are sold in the shop * All private classes /events are reserved in advance and pre-sold as tickets * Wine & Beer is included in price and purchase of private class /event tickets * Wholesale Purchases for weekly Wine/Beer Class will be - solely for private tasting & training (included only for private guests who purchase tickets to the classes): i Page 310 of 478 Agenda Item #11. * 6 cases inventory per week: 6 (12pk cases) approx. 72 bottles per week(1 case per featured wine/beer item- 2 bottles used for max 10-person tasting class), remaining bottles go to private guests who purchase tickets to attend the class * Display Area for Wine/Beer Class: 6-10 bottles (used for the weekly private class/event feature) Please feel free to contact me on my cell or via email with any questions or concerns. Thank you again for your time and consideration. Respectfully, Tish Sawyer WSET 3 1 Certified Sommelier Via Proxy LLC M 561.398.7918 E Tish.wowsolutionsflkgmail.com (Concierge Services) E Tishkwineproxy.com (Wine Services) I - I: 2 Page 311 of 478 Agenda Item #11. Antonietta Peterson, Owner La Via Di Dio, LLC 1844 Church St. West Palm Beach, FL 33401 August 7, 2020 Village of Tequesta Department of Community Development 345 Tequesta Drive Tequesta, FL 33469 RE: Application for Variance from Sec. 78-298; precluding the sale of intoxicating beverages for on-premises consumption at an establishment located within 1000 feet of any church, school or youth center-Via Proxy LLC, 389 Tequesta Drive, Tequesta, FL Dear Department Director: As owner of Gallery Square North shopping center in Tequesta, FL, I am writing to state that I grant my approval for my tenant, Via Proxy LLC, 389 Tequesta. Drive (Applicant) to obtain a 2COP license for serving beer and wine for on premises consumption with food (during private events, wine and cooking classes). I understand the Applicant is required to apply for a variance from the Department granting approval for the requested variance. Thank you for your time and please contact me with any questions. Sincerely, Antoniefta Peterson, Owner La Via Di Div, LLC Gallery Square North Page 312 of 478 Agenda Item #11. L16HTHOUSE ARTCENTER October28 IOZO 6ALLERY & SCHOOL [}FART ' BOARD opDIRECTORS Honorary Chairman pete,L"°s""'J"x"st"" Village ofTequesta President p,tr/=/"oemo/" Town Council Vice President Jennifer Schorr 345 Tequesta Drive Treasurer Sally Bliss Tequesta, FL]34G9 Secretary Jane O'Neill Board Members Susan s's°m/" Dear Council Members, Laurel Brower m=='o/p/e"ro This letter is to support Via Proxy LLC on their Variance Request to serve Debbie Kane Colette M"'er,s=n.* beer and wine on premise at 589Tequesta Drive. As Lighthouse ArtCenter Anne Palumbo,ph.o. is the cultural hub ofTequesta and North Palm Beach,we are invested in m=rt/es=cm the neighborhood and community. We would hope that Via Proxy could es/mn°=" integrate into the community and become a valuable asset.There is another Susan w=mmSpencer* Z[OP variance within 1,000 ft of LA[and they have been a nice addition to o/=er"o" nou"rtrre~/°="/ the community with their functions and collaborations. Roseanne Williams *Past Presidents We understand that the owners of Via Proxy are residents of Tequesta and President Emeritus Fred Putney hope that they will also embrace the community at large with collaborations and that their company will be a good addition to Gallery Square North. Via CEO/CFO m="=vpo//tsc* Proxy states that their mission is to support local residents and businesses in Tequesta and surrounding neighborhoods. Lighthouse ArtCenterGaUery Please consider our support when deciding on the approval for this Gallery Square North variance. ' Tequesta,FLss4ss (563.)746-33-01 Thank you. w~w.uomoovseAmts.oro Lighthouse ArtCenter School ofArt sesswaumnk Road requo��pL 33469 My best, (5*1)748'8737 "°~w.uomxoumyAms.om Jewelry and Textiles Department 3usrenuestaDrive Tenuesta'FLss+as °~w.uohtxouseArts.org Nancy Po|itsch, CEO Lighthouse ArtCenter Page 313 of478 Agenda Item #11. C; 0 is UapJ129 u l3 epj !) LA 0 C3 F, cz� rc- 0 -40 0 Cy M ;u nL ZF w M 0 --1 7r 03 C4 C7� rD zi > CA K 40 (D CD 53 Cl a�249 n' CA 2L SUL o fD FD 7-7 pE laoiquaS InL 0 r- NJ 14 (D P�j Noojqnos w ZY 0:3 CD CD 3 w 00 Lp, M ca w 0. Lln rD (D 03 PID Lrl 0 W 40 '0 rD 4:h M W 40 40 -4 rD ZF n cn + (D '0 L -(D CD > VX U3 co fD -W 0 0 rD Z;(A 0;3r w U3 Ln FD 1� C4 ED z .0 1�')M C, G p G -40 W i3 rD w C:L 0 IT 0 pap r—D, qqpj z ED. M rD a2, ry aAV snuaA c C7. rL2 rD M lz rD Lr w ;3 rb CIO Page 314 of 478 Agenda Ite #11. 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