HomeMy WebLinkAboutHandouts_Regular_Tab 17_1/8/2026 (2) 171 TEQUESTA DRIVE
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THE VILLAGE OF
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ZONING VARIANCE
Section 78-298: "All places of business selling intoxicating liquors, wines and
beverages for consumption on the premises shall not be located within a I ,000-foot
radius of any church, school or youth center. The 1 ,000 feet shall be measured in a
straight line from main entrance door to main entrance door."
Section 78-61 says zoning variances in commercial and mixed-use zoning districts are
reviewed directly by theVillage Council without review by the Planning and Zoning
Board.
THE VILLAGE OF
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Section 78-65: (2)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 the planning and zoning board or 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.
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CONDITIONS OF APPROVAL
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Section 78-65 (2) (b) says: "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."
Should theVillage 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.
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