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HomeMy WebLinkAboutDocumentation_Regular_Tab 14_6/10/2021Agenda Item #14. Regular Council STAFF MEMO Meeting: Regular Council - Jun 10 2021 Staff Contact: Nilsa Zacarias, Director of Community Development Department: Community Development FaTrammaw VAR 02-21: Application of My 3 Chicks Corporation, 235 S US Highway 1, 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 160 +/- 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 RCMR JV LLC. VAR 02-21: Application of My 3 Chicks Corporation, 235 S US Highway 1, 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 160 +/- 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 RCMR JV LLC. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. VAR 02-21 - Mood Alcohol Variance Page 131 of 485 Agenda VILLAGE OF TEQUESTA Department of Community Development 345 Tequesta Drive Tequesta, Florida 33469 Ph: 561-768-0451 / Fax: 561-768-0698 www.tequesta.org APPLICATION FOR VARIANCE PLANNING & ZONING BOARD (Single Family) Meeting Date: VILLAGE COUNCIL Meeting Date: PROJECT NAME: Mood Vegan Restaurant PROJECT ADDRESS: 221 S US Highway 1 (#235), Tequesta, FL. 33469 Applicant Name: Megan Woodard/My 3 Chicks Corporation Applicant Address: 235 S US Highway 1, Tequesta, FL 33469 Applicant Phone No.: 561.766.2317 Fax No.: Cell Phone No.: 310.709.7647 ------------------------ DEPARTMENTAL USE ONLY Ck. # Fee Paid: Intake Date: ' PROJECT #: ----------------------- E-mail Address: megan@moodvegan.com Provide written approval from the property owner, if other than the applicant. Property Owner's Name: Mike Keith - Russell Properties of Tequesta Property Owner's Address: 12008 S Shore Blvd, Suite 108, Wellington, FL 33414 Property Owner's Phone No.: 225.397.5072 Fax No.: E-mail Address: mikewkeith80@gmai NATURE OF VARIANCE: Reauesting variance from Section 78-298. precluding the sale of intoxicating liquors wines and beverages for consumption on the premises of an establishment located within 1000 feet of an church, school, or youth center. Applicant wishes to sell liquor, wine and beer within 1000 feet of the We Rock the Spectrum kids gym at 223 U§,�1-Tequesta FL 33469 SIGNATURE OF APPLICANT: NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLICATION: TE: May 13, 2021 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. Page 132 of 485 Agenda Item #14. 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). I. 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 in the same plaza have been granted variances from Te uesta to sell liquor, beer and wine 2 The special conditions and circumstances do not result from the actions of the applicant. The applicant has had no involvement of the procurement of variances for liquor sales by other establishments in the same plaza. Applicant has constructed a new restaurant in the plaza and wishes sell alcoholic beverages. 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. The variance requested by the applicant is limited to the Mood restaurant only located in the 235 tenants ace. 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. Several other restaurants in the same plaza sell alcoholic disadvantage in operating its restaurant if it were not allov es, and the applicant would be at an unfair -n cell .�li...M�I 5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. No other variances are necessary for the applicant to operate its restaurant as desired in the subject plaza 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 this variance will allow the applicant to with other established restaurants in the plaza that cur rate its full service restaurant, Mood, in a manner consistent CJ rants. Page 133 of 485 Agenda Item #14. May 24, 2021 Village of Tequesta Department of Community Development 345 Tequesta Drive Tequesta, FL 33469 Attn: Lance Lilly RE: Application for Tequesta Variance - Sale of Alcoholic Beverages, Mood Restaurant, 221 S US Highway 1, #235, Tequesta Drive, Tequesta, FL Dear Mr. Lilly: As an owner of the Tequesta plaza referenced above, I am aware that our tenant, Megan Woodard of Mood Restaurant, intends to sell alcoholic beverages at her place of business under a license from the State of Florida. We are also aware that Mood is required to obtain a variance to sell liquor from the Village of Tequesta, based on the presence of the kid's gym located in our plaza. The purpose of this letter is to indicate our support of the variance to allow Mood to sell alcohol for on - site consumption in our building, consistent with other established restaurants in the plaza. I trust this letter meets your needs but please don't hesitate to contact me if you need any further assistance. Thank you. I erely, Michael W. Keith, Manager Russell Properties of Tequesta, LLC Page 134 of 485 Agenda Item #14. April 27, 2021 Rock the Spectrum Kids Gym 223 US 1 Hwy, Tequesta, FL 33469 My 3 Chicks Corporation Dba Mood 235 S US Hwy I Tequesta, FL 33469 RE: Application for Variance from Tequesta Code Section 78-298; precluding the sale of intoxicate ng b for on -premises consumption at an establishment located within 1000 feet of any church, school or youths center - Mood, 235 S US Hwy 1, Tequesta, FL 33469 youth Dear Madam/Sir: I am opening a plant -based restaurant and full bar at the address referenced above under the name of MO business wishes to obtain a "4COP" license to sell liquor, beer and wine for on -premises consum tion. obtain a 4COP license, MOOD must first obtain a variance from Village of Tequesta Code Section 7tiOn. OD. To precludes the sale of intoxicating beverages for on -premises consumption at an establishment located In order to feet of any church, school or youth center. MOOD is within 1000 feet of Rock the Spectrum Kids Gym. which submitted a variance application to the Village of Tequesta to operate a competitive the and viable business ted MOOD as Tequesta, amongst other establishments selling liquor, beer, and wine, including those that have usin MOOD has smess in variance requested herein. The requested variance well comply with the general intent and purpose of the ordinance, fined the MOOD wishes to have the concurrence of Rock the Spectrum Kids Gym in our business obtaining the requested variance in order to obtain the 4COP liquor/beer/wine license. If Rock the Spectrum Kids Gym has no object' the granting of the requested variance, please sign in the space indicated below and return this letter q ested self-addressed stamped envelope. objection to r to MOOD in a Thank you for your anticipated support of our local new business enterprise and DleasP rn„tn.-t questions or concerns. Sincerely, Megan M. Woodard, President - My 3 Chicks Corporation Rock the Spectrum Kids Gym, Date Page 135 of 485 Agenda Item #14. 221 S US Hwy 1, #235, Tequesta ■rJr• s•�N• ■tihl�ry t .r •:V.��r�wr �L'Ive.Oak`Ch' Iall.Oaks ;■` 01.777 01 l66. i Oakl,ir,d�Ctx Ln r:r _�_ cap \■ ■r+�■1a�` , Call r Hl Oaksj 44 1 G i �. � � ` �I�r�. ���A ' •ter � . „ 3 � , � T g ;;�,� , ...,�.r � - • � r did � _ pC'•� waterwayiRd���, 74 14 4�--r t Coral PI - t 5 02.12, TM MOW," BriLlge Rd 1P.,ebbleqd"f rill rC q%�e Ri �s IM � t •,?,� •` r , . ' r a� O eyeball Aver �. 1 a 4- May 13, 2021 1:4,514 0 0.0375 0.075 0. 5 T + Page 1 n6f 485 0 0.05 0.1 0.2 km Aaenda Item #14. 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