HomeMy WebLinkAboutDocumentation_Regular_Tab 05_07/12/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
July 12, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
�GENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
VAR 6-12: Consideration of request for variance from the r�quirement of Sec. 78-298 to allow Erik Pettersen/Culinary
Advisors, Inc. to sell intoxicating liquors, wines and beverages for consumption on the premises within a 523 +/- 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 is located in the M-U Zoning District at 150 N US Hwy.
1 #11- 13, T equesta, FL. The appli i E rik P etterse n.
I �UDGET / FI I
�_ _ - -
Account #: NdA Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
onsideration of request for variance from the requirement of Sec. 78-298 to allow Eric Pettersen/Culinary Advisors,
Inc., to sell intoxicating liquors, wines and beverages for consumption on the premises within a 523 +/- foot radius of any
church, school or youth center. The property is located in the M-U Zoning District. The applicant is Erik Pettersen. The
restaurant at this location, Cafe Heidelberg, received VAR-03-11 from Counci) on November 10, 2011. That variance was
subject to certain provisos: the approval was for the current owner and the variance was non-transferable. Cafe
Heidelberg closed in April 2012.
Department Head
Finance Director •
Reviewed for Financial Sufficiency ❑
..
No Financial Im act � �/��
p �� � _
Attorney: (for legal sufficiency)
Village Manager:
Submit for Co�ncil �iscussion: �"
Approve Item: ❑
Deny Item: �
--------- -- --------- -- -- - -- ------ - ---- -- — ------- --- ---. - - -- —
I SPECIAL INSTRUCTIOMS FOR CLERK: (if you wish to have agreements signed, be sure to include the
� number of copies you want signed and place "Sign Here" sticker on them�
- ." '";'�
•
MEMORANDUM
TO: Mr. Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
Village Attorney
FROM: Nilsa Zacarias, Director of Community Development �`'�,� �
DATE: July 2, 2012
SUBJECT: VAR 06-12
Consideration of request for variance from the requirement of Sec. 78-298 to allow Erik
+ Pettersen/Culinary Advisors, Inc. to sell intoxicating liquors, wines and beverages for
consumption on the premises within a 523 +/- 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 is located in the M-U Zoning District at
150 N US Hwy. 1#11-13, Tequesta, FL. The applicant is Erik Pettersen.
The previous restaurant at this location, Cafe Heidelberg, received VAR-03-11 from Council on
November 10, 2011. That variance was subject to certain provisos: the approval was for the
current owner and the variance was non-transferable. Cafe Heidelberg closed in April 2012.
Attached:
• Copy of Public Notice
• App�ication for Variance
• Variance Backup
•
� PUBLIC NOTICE
VILLAGE OF TEQUESTA
Public Notice is hereby given that the Village Council of the Village of Tequesta, will conduct a
public hearing on Thursday, July 12, 2012, at 6:00 p.m., or as soon thereafter as possible,
continuing from time to time and place to place as the said meeting(s) may be adjourned, in the
Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida; the Tequesta Village
Council will hear public comments and make final decision on the following requests:
VAR 6-12
Consideration of request for variance from the requirement of Sec. 78-298 to allow Erik
Pettersen/Culinary Advisors, Inc. to sell intoxicating liquors, wines and beverages for
consumption on the premises within a 523 +/- 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 is located in the M-U Zoning District at
150 N US Hwy. 1#11-13, Tequesta, FL. The applicant is Erik Pettersen.
Related documents are available for inspection and copying in the ofFice of the Village Clerk in
the Village Hall, Monday through Friday, from 8:30 a.m. to 5:00 p.m. All interested parties may
� submit written or oral comments before or at the public hearing.
If a person decides to appeal any decision made by the Village Council with respect to any
matter considered at such meeting or hearing, that person will need a record of the
proceedings, and for such purpose, that person may need to ensure that a verbatim record of
the proceedings is made, which recard includes the testimony and evidence upon which the
appeal is to be based. The Village of Tequesta does not provide such a record.
PUBLISH: July 2, 2012
•
� � k� i
�' �� �, ,
VILLAGE OF TEQUESTA ° - �_��
DEPARTMENT OF COMMiTNITY DEVELOPMENT �����``�w ` ''� ^ "
.�_ . .�,s�
345 Tequesta Drive f��Y 1 :����
Tequesta, FL 33469 � � �� g.�
(561} 768-0450 Faz: (561) 768-0698 �������� �a �-���.�,; � u ��� .
�����
� APPLICATION FOR VARIANCE " �
NAME OF APPLICANT: �; � �, z �� M ., DATE: � I � .� �.L
MAILING ADDRESS: 3�� N'l�l� t �e ues rm �� y�s 3nc PHONE:� ���? 1-��� �
P.ARCE� ADDRESS:
5 l Vll�/ SU l� ` 3 2 UesfA � 33y6
LOT: BLOCK: SUBDIVISION: PCN:(,b -�3 - U0�63 •-�7
NATURE OF VARIAN . S.� ��� _�R �
UCT 7' g% W� e� a R#.NtGN
�O �6lUGv �v I'k,2 c/itd ��_ �O �e II .�"'r��mx,�c,�.Tr �Ve2A ts 2 CbMS�l�+ i'U�l
C�k ew�ts<s i�• �� r►� A- �e� S"�'� �7' �o0ivs v� Avh CN✓�CcLj Sc�u�/ p �t C�e�Te�
NSTIFICATION OF VARIANCE: Please address the sig criteria of e Zoning Code; Ref: Art. IIl, Sec. 78-65(2)A-F.
If your variance reqnest is related to the pnblic waters of the State of Florida, comprising the Lozahatchee River and
the Intracoastal Waterway inclnding all creeks, canals or tributaries therewith, you must aiso addr�s the ten criteria
listed in the attached Zonin Code; Ref• Art. Sec. 7&837 , 1- 10 .
' �Du , � �'f�� d �.� Z
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING INTEMS WITH THIS APPLICATION:
1) Current sealed survey of properiy showing all struct�ues and setbacks. .
2) Drawings to scale of proposed improvements.
3) Written approval from property owner, if other than applicant.
4) Any other documentation pertinent to this application.
5) Copies of all submittals as follows:
Board of Adjustment Variance Request: 15 copies
Village Council Variance Request: 23 copies .
6) Application Fee of A) Single Family: $ 300.00
B) Duplex: 500.00
� Multiple Family: 750.00
Commarcial: I000.00
*To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees,
consulta.nt fees and special studies, the a�plicant sha11 compsnsate the Village for all such c�sts prior to the
processing of the application or not later than thirty (30) days after final applica.tion approval, whichever is
determined as appropriate by the Village. _
PLICANT: ��- DATE: � / 3 �.Z
SIGNATURE �F AP
�
�
• Sec. 78-65. - Powers and duties of board of adjustment and village council; public notice. ._.
(a)
The board of adjustment and the viltage council shall have the following powers in regard to appeals and
variances within their jurisdiction as defined under section 78-61
(1)
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or
determination made by an administrative official in the enforcement of this chapter or of any
ordinance adopted pursuant thereto.
(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 board or 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 aetions 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.
(b)
� In granting any variance, the board of adjustment 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.
(c)
In reviewing matters brought before it pursuant to the provisions of this article, neither the board of
adjustment nor the village council shall exercise authority or jurisdiction over matters which are
specifically reserved to other officers, boards or agencies of the village. Where site plan review is
necessitated pursuant to the provisions of this chapter, no decision of the board of adjustment or the
viilage council with respect to a variance, or other matter, pertaining to the property in questions shall
obviate the necessity for such site plan review. Where a requested building permit has been withheld by
the building official for want of compliance with applicable laws and ordinances beyond the jurisdiction of
the board of adjustment or the village councii, no building permit shali be issued regardless of any
decision of the board or village council until the requirements of such laws and ordinances have been
met.
(d)
Under no circumstances shall the board of adjustment or the village council grant a variance to permit a
use not generally or by special exception permitted in the zoning district involved or any use expressly or
by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of
neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands,
structures or buildings in other zoning districts shall be considered grounds for the authorization of a
variance.
� (e)
Notice of public hearing of the board of adjustment shall be advertised a minimum of ten days in advance
of the public hearing in a newspaper of general circulation in the area.
(Ord. No. 7-08, § 2, 410-2008J
�
Erik Pettersen
Culinary Advisors Inc
• 1255 High Point PI S
Delray Beach, FL 33455
561.271.3272
June 13 2Q12
Village of Tequesta
Community Development Department
346 Tequesta Drive
Tequesta, FI 33469.
RE: Application for Variance for Erik Pettersen/Culinary Advisors Inc.
Dear Village of Tequesta:
I am requesting a variance from the requirements which prohibits the selling of intoxicating beverages
within a 1000 foot radius of any churches, schools and youth center. 1 am requesting a variance based
on the following reasons:
a. In order to have a competitive and viable business
b. A literal interpretation of the provisions of this chapter would deprive the rights of my
� business awarded to other businesses in the area.
c. The variance requested will be in harmony with the general intent and purpose of the
ordinance.
I will be submitting a letter from St. Judes Church stating that they have no objection to the variance. If
you have any questions, please do not hesitate to contact me
Regards,
���
Erik Pettersen
Chef/Owner
�
, � �
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.
• Existinq shopping center
b. The special conditions and circumstances do not result from the actions of the applicant.
• Yes, existing shppping center
; 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 struc�ures in the same zoning district.
� Yes, existrng shoppjng center
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.
• Yes, exfsting shopping center �
``
.�
• e. The variance granted is the minimum variance that will make possible the reasonable use of the
land building or structure.
• Yes, existinq shoppfng center
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 invoived or otherwise detrimental to the
public welfare.
• Yes, exfstFng shopping center
�
�
§ 78-296 TEQUESTA CODE
• located fronting along U.S. Highway 1 in the C-2 (b) Satellite television systems sh�ll be consid-
zoning district or is located within the C-3 zoning ered as accessory structures and shall be subject
district. to the applicable site plan review requirements
(Code 1977, app. A, § X(F)) and regulations of this chapter.
Sec. 78-297. Automotive repair establish- �c) Unless specific approval is granted by the
ments. � village coun.cil, satellite television an.tenna sys-
tems shall be ground-mounted, and shall not
(a) No automotive repair establishment shall �ceed 12 feet in diameter or width, and shall be
be erected within the village unless the establish- located in such area as to be screened or buffered
�ent is located within the C-3 zoni.ng clistrict. from view from adjacent properties and/or rights-
of-way and shall be placed i.n the rear yard.
(b) The followi.ng regulations shall apply to all "
automoti�e repair esta.blishments: (d) There shall not be more than one satellite
television an.tenna system on any platted lot or
(1) The use of full-service fuel stations or gas parcel. However, the joint use of such a system as
stations for the purpose of selling, renting a community a.ntenna system by two or more
or leasing of new or used motor vehicles, adjacent or adjoining buildi.ngs, associations, lots,
trailers or other recreational vehicles is or parcels may be permitted by the village council
prohibited. on a noncommercial, not-for-profit basis.
(Code 1877, app. A, § X(0)) .
(2) All oil drainage pits, hydr�ulic lifts and �
mechanical repair work shall be located Sec. 78-300. Location and screening of dump-
or conducted. within an enclosed buildi.ng sters.
or structure.
(3) No body da.maged vehicle or vehicle com- �a� Imtent. The purpose and intent of this sec-
ponents of any kind or condition which �on is to provide regulations for the loca.tion and
are exposed to view from a public roadway screening of dumpsters for the enhancement of
shall be permitted. community amenities of beauty and visual inter-
Code 1977, app. A, § X(G)) est_and t9 protect public health, safety and wel-
fare by promoting refuse an.d litter control.
ec. 78-298. Establishments selling intogi- (b) Applicability, The regulations provided by
eating beverages. this section shall apply within all zoning districts
within the village on properties having or using
A11 places of business � selling intoxicating li- d.umpsters for their sanita.tion service. �.lemporary
quors, win.es a.n.d beverages for consumption on dumpsters, such as those which are placed on job
the premises shall not be located withi.n a 1,000- sites during construction activity, are nat subject
foot radius of any church, school or youth center. to the provisions of this section.
The 1,000 feet shall be measured in a straight line
from main. entrance door to main entrance door. (c) Regulations.
(Code 1977, app. A, § X(I)) �1� �1 dumpsters in the village shall be lo-
cated on the property serviced so as to be
Sec. 7&299. Satellite television antenna sys- reasonablv accessik�le for trash cellection
i:ems and structures. by the sanitation vehicles, and shall not ,
�be located withi.n the right-of-way of a
(a) Satellite television antenna systems may puhlic street or alley. . °
be permitted in any zon:ing district upon site plan �
review and approval by the village council and the (2) .All dumpsters shall be screened from pub-
issuance of a builcling permit by the building lic view, from public streets, and from
official, abutting properties. '
•
Supp. No.12 CD78:82
� TYPICAL PROVISOS .
FOR VARIAIVCES FOR
ESTABLISHMENTS SELLING INTOXICATING BEVERAGES
1. The approval is for the current owner.
,
2. The consumption of intoxicating liquors, wines and beverages on the premises is
�
only permitted when served with a meai.
3. The variance is non transferable.
4. No sale of intoxicating liquors, wines and beverages after a.m./p.m.
5. Continued disturbances resulting in police action will be cause for review by the
Village Council. �
•
•
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Tequ�sta �ash�ion M�II
P.Q. Bax 44�3
• Teqtresta. F( 334G9
561.�4$.9528
lune 13, 201Z
Vil �age of TequeSta
Community De��lopment De:partment
946 Tequesta Drive
Tequesta� FL 33469
�tE: Z.if1 N._US Kiahwav 2�Uttit 11�I2.13 Tea�sta. lci 33464�Qr Leased Premises nd b�twe�n �LO-
ML. lLC„{Teeuesta Fashion I�Aalil and Cu�ry Ad�risors InciT�anty
Dear �Il�ge of 7'equesta,
As (sndlord, we are asking f�r a request for Variance fro►n Village of Teqaesta ta ai(ow Culinary Advisors
!nc to sell intoxicating liquors, vvines �nd beverages irr their restauranL The (andlord has appraved a
restaurant in this currerrt va+ space as identified aba�re at Tequesta Fashion Mall.
Please call me at 561-Z48-9�28 if yau ha�e aRy questions. Thank yau for Your attention to this metter.
• Sincerely,
SLO-NI�.�L��6andivrd) � � �
�� � f / � � �'' / 'J �t ' % ' �� p � / � I�! � '/\
f � L''lil,�� ' J
,`��� ��__.�� /( � � l (�7 ! "C.E." C/ f�
L ''� � � , � �
�phen L. Oldham and�Mic'�ael L�tetkemetrer �`
� Owners
•
i .�
��„ �
� ��� � � � -� St. Jude Cathol�c Church
204 N. US Highway One—P.O. Box 3726, Tequesta, FL 33469
June 12, 2012
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469
Re: Eric Petersen, Owner
Corporation, Culinary Advisors, Inc.
To Whom It May Concern:
A phone call was received from Eric Weiner, the manager, of the restaurant, that Eric Petersen,
i the owner, is planning to open a new restaurant. He requested a letter from St. Jude in order for
them to serve intoxicating beverages at 150 North US Highway One in Tequesta, where the new
restaurant will be located.
St. Jude Catholic Church has no objection for the resta.urant to sell intoxicating beverages for
consumption. We are aware that the restaurant is within the 1,000 feet of the church.
I wish Eric, the best in opening the restaurant.
If you should have a question, please feel free to contact me.
Sincerely,
L S d����:�G
Rev. Charles E. Notaba.rtolo
Pastor
CEN/ls
•
phone (561) 746-7974 � fax (561) 743-6127 � e-mail infostjude@bellsouth.net �
website www.stjudecatholicchurch.net
� TE VILLAGE OF TEQUESTA
v P F J'
� A
s
` � � DEPARTMENT OF COMMUNITY DEVELOPMENT
• -� 345 Tequesta Drive • Tequesta, Florida 33469-0273
�a � o � (5G1) 768-0450 • Fax: (561) 768-0698
��, " = ; �.,
y
CO
June 28, 2012
Mr. Erik Pettersen
359 Mars Ave.
Tequesta, FL 33469
Subject: Request for Variance
Restaurant Space
150 N US Hwy. l#11-13, Tequesta FL
Dear Mr. Petersen:
Enclosed is a copy of the Village Council of the Village of Tequesta Notice of Public Hearing to
• be held on Thursda.y, July 12, 2012, at 6:00 P.M. in the Village Council Chambers located at 345
Tequesta Drive, Tequesta, Florida, to act upon your application for variance to the terms of the
Code of Ordi.nances of the Village of Tequesta.. Receipt of your check No. 0991 for $1000.00 to
cover the application fee is hereby acknowledged.
You and/or your representative must be in attendance at the heari.ng to present your application.
Sincerely,
G�/1� , �
. J e M. Burnsed
A st Director of Community Development
Encl.
Cc: Tequesta. Fashion Ma11
P.O. Box 4332
Tequesta, FL 33469
•
oF TE
,�P �� �,,° `�s VILLAGE OF TEQUESTA
� DEPARTMENT OF COMMUNITY DEVELOPMENT
• 9 � t 345 Tequesta Drive • Tequesta, Florida 33469-0273
r � O
a o (561) 768-0450 • Fax: (561) 768-0698
� =_ �.,
F, qCN ' o .�i
July 3, 2012
RE: 150 N US Hwy. 1, #11-13
Tequesta, FL
Dear Property Owner:
As the owner of property located within 300 feet of the above-referenced property, Public Notice Is hereby
given that the Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday, July 12, 2012,
at 6:00 p.m. or as soon thereafter as possible, continuing from time to time and place to place as the said
meeting(s) may be adjourned, in the Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida;
the Tequesta Village Council will consider and make �nal decision on the following request:
VAR 6-12
Consideration of request for variance from the requirement of Sec. 78-298 to allow Erik Pettersen/Culinary
� Advisors, Inc. to sell intoxicating liquors, wines and beverages for consumption on the premises within a 523 +/-
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 is located in the M-U Zoning
District at 150 N US Hwy. 1#11-13, Tequesta, FL. The applicant is Erik Pettersen.
Related documents are available for inspection and copying in the office of the Village Clerk in the Village Hall,
Monday through Friday, from 8:30 a.m. to 5:00 p.m. All interested parties may submit written or oral comments
before or at the public hearing.
If a person decides to appeal any decision made by the Village Council with respect to any matter considered at
such meeting or hearing, that person will need a record af the proceedings, and for such purpose, that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and
e�idence upon which the appeal is to be based. The Village of Tequesta does not provide such a record.
Respectfully,
Y ,� �
(
Nilsa Zacarias '
Director of Community pevelopment
�