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Home My WebLink AboutDocumentation_Regular_Tab 17_3/14/2024 Agenda Item #17. Regular Council STAFF MEMO n• m'.'.i� J' ' 1 Meeting: Regular Council - Mar 14 2024 Staff Contact: Jay Hubsch Department: Community Development VAR 01-24: Application of Tequesta Table, 233 US Highway 1, Tequesta, FI 33469 for a Variance from the requirements of Sec. 78-298 to allow the sale of intoxicating liquors, wines and beverages for consumption on the premises within 145 +/- feet radius of church, school or youth center, where Village Code requires a 1,000 feet separation. The property owner is Russell Properties of Tequesta LLC. Tequesta Table is seeking a variance to provide beer and wine in conjunction with food sales. Tequesta Table is located at 233 US Highway 1 in the Village Square Shopping Plaza. 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. A variance is required because the restaurant is located 145 feet from We Rock the Spectrum. We Rock the Spectrum is an autism- focused indoor playground and kids' gym that also provides classes and camps. There are several other businesses that serve alcohol within Village Square and are also within 1,000 feet of We Rock the Spectrum, including: Bellini's Eatery, Mood, Hogsnappers, Tequesta Brewing Company, and Tropical Wine & Spirits. We Rock the Spectrum was opened in 2017. Businesses that opened or began serving alcohol after the opening of We Rock the Spectrum have had to obtain zoning variances. Bellini's Eatery received one in 2019 and Mood in 2021. The other three businesses were open and serving alcohol prior to the arrival of We Rock the Spectrum. 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 Page 177 of 209 Agenda Item #17. now Tequesta Table-Application Page 178 of 209 Agenda Item #17. -----------------------w 'Y DEPARTMENTAL USE ONLY VILLAGE OF TEQUESTA ' Ck.# 4 Department of Community Development Fee Paid: � 345 Tequesta Drive Intake Date: Tequesta,Florida 33469 Ph:561-768-0451/Fax:561-768-0695 PROJECT#: vvrVw.tequesta.org ' -------------------------- APPLICATION FOR VARIANCE PLANNING &ZONING BOARD (Single Family) Meeting Date: VILLAGE COUNCIL Meeting Date: PROJECT NAME: PROJECT ADDRESS: r� Applicant Name: p_fit +'NN424 ,. Applicant Address. _ ►� - f, l� Applicant Phone No.: 3 Fax No.. Cell Phone No.: At I J E-mail Address: Provide written approval from the property owner,if other than the applicant. yo Property Owner's Name: , . � Property Owner s Address. � ✓ f P v Pro ert Owner's Phone No.: 7 ax No.: - E-mail Address: p v NATURE OF VARIANCE: t SIGNATURE OF APPLICANT: DATE. fv2 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 Z 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. 0) 15 Copies of all submittal documents. 7) Application Fee of: A) single Family: 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 179 of 209 Agenda Item #17. 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. r r a R f 2 The special conditions and circumstances do not result from the actions of the applicant. �'4L�' �6 �e W $ V'L2 o3 4.,, te re.3 F- / I I V fko 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. d -eviafj aem�_c •1 4 7 f e_ V_'4''.r It"PRid, f' .' ) la �i 11 f \_.1 - I A F_ '7 vyf 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. L4 (A 5 I' fF s - ( 5 The variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. /I/] All -efllth 1 4 4-.-- h) I V yp. 1, A lai i 1(4 f 4 If 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. Of Vere .t1 r, 2 Page 180 of 209 Agenda Item #17. 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 i t s section. (b) In order to authorize any variance from the terms f thi ch p ,the Board of Adjustment MUST find with respect to the proposed project as follows: (1) The variance being requested meets the de ni 'o i o t ter '"variance"as that term is used and understood in chapter 78,zoning. Variance means a variation from the district equirem n s of this chapter which is granted by the zoning board of adjustment, where such variance will not be contrary to the public interest an where,owing to conditions peculiar to the physical characteristics of that particular property and not the result of the actions of the wner, 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 181 of 209 Agenda Item #17. 1 A '41 Bell irii's Eatery Italian- MOOD Vegan- S$ 241 Teq u eta Tab I e 233 CO 6;r k the Spectrum A Teq u eta Chi --ands Italian `221 219 Page 182 of 209