HomeMy WebLinkAboutDocumentation_Regular_Tab 18_11/9/2023 Agenda Item #18.
Regular Council
STAFF MEMO
Meeting: Regular Council - Nov 09 2023
Staff Contact: Jeremy Hubsch Department: Community Development
VAR 02-23: Application of Bagel Boyz Tequesta LLC, for a Variance from the requirement of Sec. 78-
298 to allow the sale of intoxicating liquors, wines and beverages for consumption on the premises
within 860 +/- feet radius of church, school or youth center, where Village Code requires a 1,000 feet
separation, which shall be measured in a straight line from main entrance door to main entrance door.
The address of the property is 381 Tequesta Drive, Tequesta FI 33469.
. -
VAR 02-23: Bagel Boyz Tequesta LLC, the existing operator of the Casa Cana restaurant at 377
Tequesta Drive, is seeking a Variance to expand its existing alcohol license into an adjacent unit at
381 Tequesta Drive. The two units are connected by an outdoor courtyard in the rear of the building.
Bagel Boyz is currently operating the new unit as Locals Pub. The previous business at 381 Tequesta
Drive, Vintage Wine and Charcuterie was granted a variance for beer and wine service only on March
14, 2019. That variance is still in effect; thus, Locals Pub is currently able to serve beer and wine.
However, in order to serve liquor at Locals Pub, the applicant is required to be granted a new
variance,. Per Section 78-298, the sale of intoxicating liquors, wines, and beverages for consumption
on premises is prohibited within 1,000 feet of a church, school, or youth center. The subject property
is within 1,000 feet of Church of the Good Shepard, Good Shepard Episcopal School, Lighthouse Art
Center School of Art, and Tequesta First Baptist Church.
Casa Cana was previously granted a variance on June 10, 2021, for full liquor, beer, and wine service
for its existing location. Casa Cana utilizes a "4COP SFS" license, which allows the sale of liquor
when a restaurant derives 51% of its sales from food and non-alcoholic beverages. This differs from a
"4COP Quota" license, which is what a bar (without 51% food sales) is required to have for liquor
sales. 4COP Quota licenses are limited in number and able to be purchased on the secondary
market. Because of that, they are generally more difficult to obtain than a 4COP SFS license. Bagel
Boyz intends to use the existing 4COP SFS license from Casa Cana to provide liquor at Locals Pub.
The Applicant has informed Village staff that the state will allow this due to the two businesses being
connected by an outdoor courtyard.
The State of Florida is responsible for alcohol licensing but does require signoff from local
municipalities before issuance of a license. The applicant will need to be granted a variance by the
Village before the state can approve any expansion of the existing 4COP SFS license. Section 78-65
lists six criteria that must be met in order to be granted a variance by Village Council. The applicant
has provided justification for these six criteria in the attached application package.
Page 463 of 702
Agenda Item #18.
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.
BUDGET • •
BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a
FUNDING SOURCES: n/a IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONn/a
Bagel Boyz Variance Application
Page 464 of 702
Agenda Item 918.
345 Tequesta Drive
Tequesta,Florida 33469
Ph:561-768-0451/Fax:561-768-0698
www.tequesta.org
VILLAGE OF TEQUESTA APPLICATION FOR VARIANCE
DEPARTMENTAL USE ONLY Ck.# Fee Paid:
Intake Date:
Department of Community Development; PROJECT#:
PLANNING&ZONING BOARD (Single Family) Meeting Date:
VILLAGE COUNCIL Meeting Date:
PROJECT NAME: Bagel Boyz of Tequesta LLC
PROJECT ADDRESS:_ 381 Tequesta Dr Teauesta FL 33469
Applicant Name: Seamus O'Brien
Applicant Address:6558 5E Roanoke Ct Hobe Sound, FL 33455
Applicant Phone No.: 561-379-3771 Fax No.:
Cell Phone No.: E-mail Address: seamus@casacana.co
Provide written approval from the property owner,if other than the applicant.
Property Owner's Name: La Via Di Dio LLC
Property Owner's Address: 1844 Church Street,WPB, FL 33409
Property Owner's Phone No.:561-371-1274 Fax No.: E-mail Address:
NATURE OF VARIANCE: Application for variance from Sec. 78-298, precluding the sale of intoxicating liquors, wines and
beverages for consumption of the premises of an establishment located within 1000 ft of any church,school or youth
center.Applicant wishes to sell beer,wine and spirits within 1000 ft of a church and recreation center.
SIGNATURE OF APPLICANT:_4
DATE: 9/16/23
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
Page 465 of 702
Agenda Item 918.
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
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.
Pre existing retail space constructed in a strip center where tenants allow the sale of alcohol.
2 The special conditions and circumstances do not result from the actions of the applicant.
Tenants in strip plaza and surrounding areas have obtained variance to allow the sale of alcohol.Applicant is an existing tenant that wishes to
sell alcohol for consumption on the premises.
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 previous and current businesses in the district have obtained a variance to sell intoxicating beverages for on premise
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 and current businesses in the district have obtained a 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 alcohol for on premise consumption is
a reasonable use for a restaurant.
Page 466 of 702
Agenda Item 918.
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.
Surrounding tenants in the strip plaza and across the street were granted a variance to sell intoxicating beverages.
2
Sec. 76-7.Variances. (to be//complet only if Variance request is related to Waterway Control)
(a)Any per4variance
varia Ee from t e terms this chapter shall make application for such variance to the zoning board of adjustment of
the villad ce th the pr cedure et for h in this section.
(b)In order any ariance romthe ermso this chapter,the Board of Adjustment MUST find with respect to the proposed project as
follows:
(1)T ei grequetedme s the de inition of the term"variance"as that term is used and understood in t r7 zoning.
varis ariatio from t district requirements ofthis chapter which is grantedby the zoning board ofadjustment,where such
varit a contr y to the public int rest and where,owing to conditions peculiar to the physical characteristics of that particular
property and not the re It 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.
Page 467 of 702
Agenda Item 918.
16
k1
-1K
Vla-
OWN
` Pa Y,Oolq) § Pa
WON
jw
Y •• F -� � ter.
It ,
I •� u � r�
cl. co y L
•P4 y
ti
ER cd
e
Page ae8 of 7oz
Agenda Item 918.
-ww'
�If
� U
l�1
LmL
..I r C j
-- p';bal alyeag va
�o
YO
�Z
r tt
j = I
X Oi
` III C
L
E
V1In YI
O r
'O In C
O v
•M n v
V.�i rl
N N
* n d
1 e •• v p 1
O
c NM E �
1
AV
"y
-
jw
Page 469 of 702
Agenda Item 918.
44
1,
P.
0 l
Pit Huoigcag �
PIC
ACE
pn.
1 Q•� � ,(: -may �� 4
E v . 0 r .�
m
E
Ed
N w u
o � w
Je `A '
�i
Page 470 of 702
�. �.
6 ra t
LT
4 LA
Q ZF—
f va.
0
vt
o
a o za
iP"yMAI
12
I Ord
Q y� I Vlrr
f— -
a S • p ''
By8E8 a I n� 3V
minIML
;re,
v i
r e g o b a& ; O ., o
fpjFri
x9r }
S� � •i z�ia
Page 471 of 702
� ,. _ sir .a'; l..I i i:.
F w — �11l1( � � ,#a
Agenda Item 918.
Jub�ee�4 'P+(�pce'r b
m
i' • L
L � -
� t
Paee a�a or 7oz
r�
R �
Agenda Item 918.
1� V
ail;
M
= m
m D o
°'
o m 70
y
m m m rD
D O x < Z o
D - O
m
m no
m O D > m
o f� w 1�(D X 06 z In r-
N ' O = 0 C
h 0 - R1 ` V W C Ln TI O
O '! m � � m 2 n 0 m D
v � Z , -1 w -i cn oo r
�
u' N <o DD 3 m Ono N m
m
° _ pD4 O
o v m m m O D mZ Z
CD 3 3 ov �, v Z m v m r
� _
wDD A m m m 70
r m 0
I" v� _ R1 I Z m y
o w .� m r O p —
No Z D
-- cn V�
� N * I
3 (Ln
D y m Q O
o r•• C D
r
0 D �°
C� m o n `�
c�
� z Q m
CL o Ln
� _ •�
h m 0
Z
CTT"
L�
�T
f�
Page 475 of 702
Agenda Item #18.
La Via Di Dio, LLC
1844 Church St
West Palm Beach, FL, 33409
In terms of reference:
(Lessee) Bagel Boyz of Tequesta LLC is under lease
agreement for units 375, 377, and 381, which is located in
Gallery Square North.
La Via Di Dio, LLC grants permission for Bagel Boyz
of Tequesta LLC to expand their 4COP liquor license into unit
381.
1 ILYA SHARNT MEDFORD
K M 377599 ,
•y,,., r' EXOM JUN 27.2027
Eric Peterson
La Via Di Dio, LLC
Gallery Square North
Page 476 of 702