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HomeMy WebLinkAboutDocumentation_Regular_Tab 17_1/8/2026 Agenda Item #17. Regular Council STAFF MEMO A-1 Meeting: Regular Council - Jan 08 2026 Staff Contact: Jay Hubsch Department: Community Development VAR 02-25: Application from 2GHO, on behalf of the property owner Andrew Feinberg, for a 747-foot variance from the separation requirement of Sec. 78-298 of the Village of Tequesta Code, which prohibits the sale of intoxicating liquors, wines, and beverages for consumption on or off the premises within 1,000 feet of any church, school, or youth center, measured in a straight line from main entrance door to main entrance door. The applicant proposes a Wine Storage/Wine Club use at 171 Tequesta Drive, Tequesta, Florida. The subject property is located approximately 253 feet from Harvey Academy and is zoned Mixed Use. Introduction The building at 171 Tequesta Drive was most recently occupied by PNC Bank, which ceased operations in 2022. The building was originally constructed in 1979 and has 4,473 square feet of enclosed floor area, along with an existing drive-through. The property is in the MU Mixed-Use Zoning District and the Village Center Overlay. The applicant proposes to convert the existing building to a wine club. The applicant's narrative states "Conceptually, the plan is to utilize the existing building, while enclosing the existing drive-thru and adding a limited amount of square footage to maintain a facility under 5,000 SF. The proposed use will include a collector wine storage facility, a membership wine club including a lounge with full bar, tasting room, limited food service and retail sales. There will also be occasional wine events for members and their guests." This is a permitted use within the MU Zoning District, provided the total building area remains under 5,000 square feet. If the applicant elects to expand the building beyond 5,000 square feet, a Special Exception will be required. The applicant has provided a floor plan of the proposed use that shows the enclosure of the drive thru, which will require approval through a separate site plan modification process. The sale and consumption of wine on premises will require a Zoning Variance, as the location is within 1,000 feet of the Harvey Academy. Section 78-298 of the Village Code states: "All places of business selling intoxicating liquors, wines and beverages for consumption on the premises shall not be located within a 1,000-foot radius of any church, school or youth center." The applicant's narrative states: "The facility will limit its hours of operation of the Lounge after the hours of operation of the school." The Village Council has, in recent years, approved similar variances for establishments located within 1,000 feet of a school or church, including Local's Pub and Page 553 of 572 Agenda Item #17. Tequesta Table. In those cases, particularly Local's Pub, conditions were imposed to restrict operating hours so as not to coincide with school and daycare activity, consistent with the applicant's proposal. The applicant has provided a letter of support from Nancy Burke Harvey, the Head of School at the Harvey Academy. Zoning Variance Criteria Zoning variances in commercial and mixed-use zoning districts are reviewed directly by the Village Council and do not require review by the Planning and Zoning Board. Section 78-65 (a) (2) states that the Village Council "Authorize upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by village council that: a. 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. b. The special conditions and circumstances do not result from the actions of the applicant. c. 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. 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. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f. 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 applicant has provided a written response addressing each of the required variance criteria as part of the application. Additionally, Section 78-65 (b) states: "In granting any variance, the planning and zoning board or village council may prescribe appropriate conditions and safeguards in conformity with this chapter and any other ordinance enacted by the village council. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Conditions and safeguards shall be related to the proposed development and shall be roughly proportional to the anticipated impacts of the proposed development." Page 554 of 572 Agenda Item #17. Should the Village Council elect to approve the requested zoning variance, it may consider imposing a condition related to hours of operation. The applicant has offered to limit operating hours so that the lounge does not open until after the Harvey Academy has closed. The Harvey Academy is operation until 2:55 p.m. for regular classes and until 5 p.m. for aftercare. 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 INFORMATION: BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA ;[TACHMENT 171 Tequesta Drive Variance Application 171 Tequesta Drive Aerial Images Page 555 of 572 Agenda Item #17. ----------------------- r- DEPARTMENTAL USE ONLY VILLAGE OF TEQUESTA ; Ck.# Department of Community Development Fee Paid: r 345 Tequesta Drive , Intake Date: , Tequesta,Florida 33469 ; Ph:561-768-0451 /Fax: 561-768-0698 ; PROJECT#: vvww.tequesta.org ------------------------ APPLICATION FOR VARIANCE PLANNING & ZONING BOARD (Single Family) Meeting Date: VILLAGE COUNCIL Meeting Date: PROJECT NAME:Wine Vault of Tequesta, Inc. PROJECT ADDRESS:171 Tequesta Drive, Tequesta, Florida 33469 Applicant Name:2GH07 Inc./George G. Gentile, FASLA, PLA Applicant Address:1907 Commerce Lane, Suite 101, Jupiter, Florida 33459 Applicant Phone No.: 561-575-9557 Fax No.: 561-575-5260 Cell Phone No.: 561-718-4320 E-mail Address: George@2gho.com Provide written approval from the property owner,if other than the applicant. Property Owner's Name: 171 Tequesta, Dr. LLG Property Owner's Address.2523 Burns RD. Palm Beach Gardens, Florida 33410 Property Owner's Phone No.:561-252-8160 Fax No.: E-mail Address: NATURE OF VARIANCE: The business owner Andrew Feinberg, desires to open a Wine Storage/Wine Club including members' lounge with full bar, limited food service in the existing vacant bank building. As this location is less than I, from a private school, the request Fs for a variance tot at requirement to allow his business to operate at 171 Tequesta Dr. Id SIGNATURE OF APPLICANT. , DATE. I -1,4 � 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 556 of 572 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. The existing building, in the mixed-use district is located next to a resturant that servics alcohol, the property is also oca�e on a major commerc�a road in a age: rye existing pr�va a sc oo� across a streetis unique as it is in a 2 The special conditions and circumstances do not result from the actions of the applicant. The existing site is an existing commercial dominante area, the building is also existing and can be reused to for this proprosed use. 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. As indicated other businesses have been granted similar variances on Tequesta Dr. as well as other areas of the Village. 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. The Village granted a similar variance in 2023 to Bagel Boyzs at 381 Tequesta Dr.. Litterai interpretation would deprive 5 The variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure. The request is the minimum variance required, as the private school is upstairs directly across the street from the subject property.the proposed Wine vault uusiness will be +- trom 1he sc oo 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. Granting this variance will certainly be in harmony with the general intent of the mixed-use district. I also takes a long ti ti i 2 Page 557 of 572 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 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 `L,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. (16) It would be consistent with any other applicable laws, rules or plans. 3 Page 558 of 572 Agenda Item #17. Date: 12/15/25 Village of Tequesta Mr. Jay Hebsch, Director Community Development Department 345 Tequesta Drive Tequesta., FL, 33469 RE: 171 Tequesta Drive,Wine'Vault of Tequesta,Inc. To Whom It May Concern: This letter is to serve as permission for Mr. Andrew Feinberg, Nine Vault of Tequesta, Inc. and 2GHO, Inc. to act as the agent, and Applicant to prepare and submit all documentation and attend all meetings pertaining'to the property as above described, as it relates to all governmental processes. Sincerely, 1717 Tequesta Pr., LLC f Signal re _(11 U DI U Print Name&Title STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify on the 15 day of .c +.6 c , 2025, V&ZfA personally appeared before me and produced identification, or is personally known to me, to be the person described herein and who executed the foregoing instrument. Witness my hand and official seal in the state and county, the day and year aforesaid. Notary c•r., MASON NUZUM rotary Public-State of Florid a Commission Ex Tres: ` Commission#HH 577414 p - �„� My Commission Expires .•�� Duly 31,2028 Page 559 of 572 Agenda Item #17. r) LANDSCAPE ARCHITECTURE &PLANNING LA-0000530 George G. Gentile. PLA ■ Emily M. O'Mahoney, PLA v M. Troy Holloway, PLA 171 Tequesta Drive Village of Tequesta Request for Variance Project Description December 22, 2025 2GHG, Inc, on behalf Wine Vault of Tequesta, Inc. we respectfully request Village Councils consideration of a variance to the distance requirement for a proposed wine storage facility with wine tasting and full lounge/Bar for its members. The proposed redevelopment is located at 171 Tequesta Drive, a 1.04-acre site. The property has an existing land use of Mixed Use, and a zoning designation of Mixed Use. Currently, the closed PNC Bank of America building with drive-thru and associated parking is located on the property. The property is in the mixed-use zoning district of the Village of Tequesta, as well as the Village Center overlay. Conceptually, the plan is to utilize the existing building, while enclosing the existing drive-thru and adding a limited amount of square footage to maintain a facility under 5,000 SF. The proposed use will include a collector wine storage facility, a membership wine club including a lounge with full bar, tasting room, limited food service and retail sales. There will also be occasional wine events for members and their guests. The business owner, Andrew Feinberg, Bruce Henry and Donna Henry are requesting the Village Council grant a variance to reduce the distance requirement by 750, as this building does not meet the current code requirement of 1,000 SF from a school. The distance measurement from door to door in a straight line is 253". There is currently a private school, the Harvey Academy, on the second floor of the building fronting on Paradise Park, on the south side of Tequesta Drive, directly across Tequesta Drive from the subject property. We have included a letter of no-objection from the Harvey Academy with this application. The Council should consider the following when providing comments on this request: 1. The facility will limit its hours of operation of the Lounge after the hours of operation of the school. 2. The Membership Wine Club will be Membership only, however there may be occasion that a wine locker is rented by a non-member. 3. There are a number of facilities serving alcohol located in the immediate area and other areas of Tequesta that are less than 1,000 SF from a school or this private school. The Village has also given variances out for this code provisions as indicated in Chapter 78 of the Village Code. The site plan that is included in this request is designed to meet all requirements of the Mixed-Use zoning district, and will require only the distance variance to a distance less than 1,000`from a school. Additionally, the proposed uses will be a positive addition in the Village, as it will provide the opportunity for a multi-use facility on Tequesta Drive within the mixed-use district and a number of other commercial businesses. 1907 Commerce Lane, Suite 101, Jupiter, Florida 33458 .561-575-9557 ■2GHO.com Page 560 of 572 Agenda Item #17, A Concierge!Education f December 21, 2025 Mr.Jai'Hubsch oininuniq!Development Director Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 Re: *I'he wide Vault of Tequesta, Inc. Proposed Wine Storage&Member"s Club Dear Mr.Hubsch. On December 18,2025, my husband Jim Harvey and I met with Drew Feinberg and Martha Andres to discuss the proposed Member's Club and wine Storage facility to be located at 171 Tequesta Drive. Drew is requesting a variance the 1,000-foot separation between our school and his proposed facility which serves alcohol. After a lengthy discussion and follow-up emails summarizing our meeting,Amy husband and I have no objection to the Village reviewing and approving the variance. Sincerely, t UtA fr I Nancy Burke Harvey,M.Ed. Head of School The Harvey Academy I Main Street *T e q uesta� �Ic rida 339 theharveyacademy.com cell(561) 27- 810 school(56)) 768-9250 Page 561 of 572 Agenda Item #17. r-------------------------------------------1 I I I I I I.1.1 I I x a ® i I I � I —� 7v X Z :z z a:M 0 wo - ---------____F I Z o m - MM o� D I Zoe o�Z mm8 O�7 � I i I I rn Z �rn c20.y O"' M Z O z } - v>Gl ---, 1 K0 2P, Y � I Y - I � I Y � I I � I I m ' � I W ' D I � Z � M Y xY tip C ® - m J T I �g U cz MO m G1 I _ 1 r I Z f rn cn y M rn CL_ s m s +n rl MITI 7 m �� n 0 4$ N NkL_ -� 74 Q ' � 2 of 572 Y, a n m K 9 n Agenda Item #17. I ----------- I I I I c T .. 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