HomeMy WebLinkAboutOrders_Variances_04/10/2014_01-14 ORDER OF THE VILLAGE COUNCIL FIX) Village of Tequesta
Date: y
VILLAGE OF TEQUESTA Tim Z
e:
REQUEST FOR VARIANCE
CASE NO.: VAR -01 -14
IN RE: Tequesta Steakhouse LLC /John Donovan, Applicant
DDR Southeast Tequesta, LLC, Owner
PROPERTY LOCATION:
157 North U.S. #1, Tequesta, FL 33469
LEGAL DESCRIPTION:
30- 40 -43, WLY 692.40 FT OF GOVLT 3 LYG E OF & ADJ TO SR 5 (LESS N 200 FT, P1361P32
& PB65P103) & NLY 121.76 FT OF ELY 300 FT OF WLY 761 FT OF GOV LT 4
PARCEL CONTROL NUMBER:
60-43-40-30-00-003-0050
VARIANCE REQUESTED:
Variance from Sec.78 -298 to allow the consumption on premises (restaurant use) of
alcoholic beverages within 1000 feet of a church in the C -2 Zoning District.
ORDER APPROVING APPLICATION
This cause came on to be heard upon the above application and the Tequesta Village
Council having considered the evidence presented by the applicant and other interested persons at a
hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly
advised,
THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS:
1. The subject property is located in the C -2 Zoning District in the Village of Tequesta.
2. The applicant has submitted all documents required by the Village's Code of
Ordinances for variance review.
3. The application and all supporting documentation and presentation materials as
reviewed by the Village Council at its April 10, 2014 meeting, and as kept on file by
the Village, are made a part hereof and are hereby incorporated by reference.
4. According to Section 78 -61, variance approval by the Village Council is required.
5. The applicants have applied for a variance from Sec.78 -298 to allow the
Page 1
consumption on premises (restaurant use) of alcoholic beverages within 1000 feet of
a church in the C -2 Zoning District.
6. Under the provisions of the Village Code of Ordinances, the Village Council has the
right, power and authority to act upon the request herein made.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
The application for Variance, Case No. VAR -01 -14 with reference to the above described
property within the Village of Tequesta, Palm Beach County, Florida, to allow the consumption on
premises (restaurant use) of alcoholic beverages within 1000 feet of a church in the C -2 Zoning
District in accordance with the variance application attached hereto as Exhibit "A" is hereby
APPROVED since the Village Council hereby finds that the applicants have met the standards set
forth in Section 78 -65 of the Tequesta Zoning Code for variance approval.
* The term applicant(s) as used herein shall include all successors and assigns.
* The variance shall expire within six months from the date of grant, unless a building permit
based upon and incorporating the variance is issued within the six -month period and
construction has begun thereunder.
DONE AND ORDERED THIS 10 DAY OF APRIL, 2014.
Y ABIGA BRE AN,
VILLA E OF TEQUESTA
LORI McWILLIAMS O`.�
VILLAGE CLERK --f c
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MEMORANDUM
TO: Michael R. Couzzo, Jr., Village Manager
Honorable Mayor and Village Council Members
Village Attorney
FROM: Planning and Zoning Department
DATE; March 17, 2014
SUBIECT: VAR 01-14
Conside�ation of request for variance from the requirement of Sec. 78-298 to allow Tequesta
Steakhouse to sell intoxicating liquors, wines and beverages for consumption on the premises
within a 680 +/- 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 C-2 Zoning District at 157 N US Hwy. 1(Tequesta
Shoppes), Tequesta, FL. The applicant is Brian Hetrick, agent for owner.
The previous restaurant at this location, Conch & Crab / Sweets, was granted VAR-01-12 from
Council on January 12, 2012. That variance has expired due to a change in the Village Code in
2013:
any variance from section 78-298 granted by the village council shall specify the type of
alcoholic beverage to be sold on the premises (e.g. full liquor service or beer and wine
only), and shall run with the land so long as the type of alcoholic beverage service does
rvot change and is not discontinued for more than 90 davs.
Sweets c:losed in October 2013.
Attached:
• Copy of Public Notice
• Application for Variance
• Variance Backup
i
PUBLIC NOTICE
The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday, April
10, 2014, 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 final
decision on the following request:
VAR 1-14: Consideration of request for variance from the requirement of Sec. 78-298
to allow Tequesta Steakhouse to sell intoxicating liquors, wines and beverages for
consumption on the premises within a 680 +/- 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 C-2
Zoning District at 157 North US Hwy. 1, Tequesta, FL. The applicant is Brian Hetrick,
agent for owner.
Related documents are available for public inspection and copying in the Village Community
Development Department, Monday through Friday, between the hours of 8:30 a.m. and 5:00
p.m. All interested parties may submit written or oral comments before or at the public
hearing.
PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision made
with respect to any matter considered at this hearing, he or she will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. The Village of Tequesta does not provide such a record.
PUBLISH: March 30, 2014
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http://www.co.palm-beach.fl.us/papa/Asps/papagis/papagis.aspx?qvalue=60434030000030050 3/13/2014
TENANT INDEX
1 MARSHALLS/ HOMEGOODS 40,095
5 DOLLAR TREE 9,969
7 TUESDAY MORNING 8,508
j 8 STAR CLEANERS 1,100
_ 9 AVAILABLE 3,291
�� �"�"�"�"�"�'••�"�����-��������•�y 10 NEWLOOKHAIRDESIGN 1,100
� � • I 11 AVAILABLE 1,077
� I � 12 SIR SPEEDY PRINTING 2,172
130 � CENTERS
i .„ .� I 13 THAI LOTUS 2,705
� � 14 BEALLS 13,000
I � / � � 15 TEQUESTA STEAKHOUSE 2,800
,� .- c. _ � l,,c, 18 T R O P I C A L W I N E S & S P I R I T S 2,814
' �y q - 19 TEQUESTANAILS 1,031
I I- ? — MARSHALLS/ �' ; Zo BAGELBISTRO z,,00
� ^ � m HOMEGOODS m � \ 9 I 2z ALTERATIONSBYKIM 1,050
I 'a�- 5 40 ,095 SF �� / ; 23 THE UPS STORE 1,517
i I - oW DO9 69SREE �j .. I � 24 AVAILABLE 1,890
� w '// � 25 BLONDIES 1,400
�
' I ____ ~ (��' � �.., 26 PINCH-A-PENNY 1,400
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i, ����_ $ � _� Q 27 PAWS 4 PLAY 4,183
� ' 28 CLASSIC FURNISHINGS 5,533
i I 286 .,� . �
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� AVAILABLE � iuusTnnrne r�u�rcElinc rua�oses on�ir, nne sun.iECr 10 n�.00iricn.ion wrrH�ur
TEQUESTA, FL 33469 M1OTICEAIiEliOTINiENOEDTOBEftEIIEDUPO`IBYANVPMTMIDARENOTI.VTE�OEp
TO CO.VSTiTUTE RE�RGS[NTATIONS 00. L�'ARRW��ES r15 TOOWNERSNII' OF THE REAL
� I PriOPENtt DEPICiED HEREON, iNE 512ElJ:D 1lATUftE OF IMPROVEMENiS i0 BE
CO�STRUCT[0 (OR THAT rWY IMPripVEMENTS WILL BE CONSiRUCTEDj OR THE fOENTITV
ON �1ATURE OF �trv OI;CUYANTS THEReOF.
! _ Lat�lUde. 26.96�� Longitude: -80.0838 3300 Enterprise Parl<v�ay, Beachwood, OH 44122
------ - — fax 216.755.1500 Phone 216.755.5500
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TYPICAL PROVISOS
FOR VARIANCES FOR
ESTABLISHMENTS SELLING INTOXICATING BEVERAGES
1. Establishment name & address: i���cS�,�: S��rii�:����'�_
157 U.S. ONE NORTH ( �_�.;:=�-A SH���--=5i
2. ABT License Type (attach copy of license or application): 4C�F
3. License holder name:
4. The variance shall run with the land so long as the type of alcoholic beverage service
does not change and is not discontinued for more than 90 days.
5. No alcoholic beverage as defined in F.S. 561.01(4) may be sold in sealed containers
or otherwise, for consumption on or off premises, or served or permitted to be
served or consumed in any place holding a state beverage license, or in any public
place within the territorial limits of the Village, by any person, between the hours of
12:00 a.m. and 7:00 a.m. of the same day, except on Friday and Saturday nights,
when sales may continue until 1:00 a.m.
6. Continued disturbances resu{ting in police action will be cause for review by the
Village Council.
7. The consumption of intoxicating liquors, wines and beverages on the premises is
only permitted when served with a meal. ( YES) ( NO)
8. The variance shall expire within six months (other time frame: ) from the
date of grant, unless a building permit based upon and incorporating the variance is
issued within the six-month period and construction has begun thereunder.
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
BUREAU OF LICENSING
BRIEF DESCRIPTION
TYPES OF LICENSES/PERMITS CLASS STATUTE ADDITIONAL REQUIREMENTS MAY APPLY
. eer ony
$28, $56, $84, $112, $140)
de endin on count o ulation 563.02 For sale in sealed containers and for consum tion off remises onl .
Restricted to products with no more than 6.243% of alcohol by volume or
D 568.01 5% b wei ht.
2. 2 AP (Beer and Wine,)
($84, $112, $140, $168, $196)
(depending on county population) 564.02 For sale in sealed containers and for consumption off remises onl .
Restricted to products with no more than 6.243% of alcohol by volume or
D 568.01 5% b wei ht.
. eer on y
$56,$112,$168, 224,$280) For sale by the drink (consumption on premises) or in sealed containers
de endin on count o ulation 563.02 for acka e sales.
Restricted to products with no more than 6.243% alcohol by volume or
D 568.01 5% b wei ht.
4. eer an ine
$168,$224,$280,$336,$392) For sale by the drink (consumption on premises) or in sealed containers
de endin on count o ulation 564.02 for acka e sales.
Restricted to products with no more than 6.243% alcohol by volume or
D 568.01 5% b wei ht.
5. uota
3DPS / 3CPS / 3BPS / 3APS / 3PS 561.19
$468,$643.50,$975,$1170,$1365) 561.20 6 Beer, Wine, and Liquor; package sales only in sealed containers. No
de endin on count o ulation 565.02 1 a sales b the drink or consum tion on remises.
8 /7 P/6 P/5 /4 P 56 . 9
$624,$858,$1300,$1560,$1820) 561.20 6 Beer, Wine, and Liquor; sale by the drink for consumption on premises
de endin on count o ulation 565.02 1 b- and acka e sales in sealed containers.
. pecia ties
Speciaf Hospital (4COP Only) Beer, Wine, and Liquor, sales to patients only. Sarasota County Public
$1820 H HB1873 Hos ital Board onl . No annual fee. See s ecial act for re uirements.
pecia orse ree ers
8COP / 7COP / 6COP / SCOP / 4COP Beer, Wine, and Liquor, consumption on premises only. issued to any
624,$858,$1300,$1560,$1820) marketing association of horse breeders organized under the laws of the
de endin on count o ulation HBX 561.20 10 state. Additional re uirements to be met.
Beer, Wine, and Liquor in counties having a population of 50,000 or less;
Special Hotel (8COP and 7COP) sale by the drink for consumption on premises and package sales in
$624,$858 SH 561.20 sealed containers
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE IX. - SUPPLEMENTAt REGULATIONS
DIVISION 1. GENERALIY
D/V/S/ON �. GENERALLY
Sec. 78-281. Applicabilit�
Sec. 78-298. Establishments se!ling intoxicatinq beveraqes
Sec. 78-281. Applicability.
The district regulations of this chapter shall be subject to the provisions and exemptions in this
article.
(Code 1977, app. A, § X)
Sec. 78-298. Establishments selling intoxicating beverages.
All ptaces of business selling intoxicating liquors, wines and beverages for consumption on fhe
premises shall not be located within a 1,000-foot radius of any church, school or youth center. The 1,000
feet shall be measured in a straight line ftom main entrance door to main entrance door.
(Cade 1977, app. A, § X(I)j
Tequesta, Florida, Code of Ordinances Page 1
PART II - CODE OF ORDINANCES
Chapter 6 ALCOHOLIC BEVERAGES
Chapter 6 ALCOHOLIC BEVERAGES
Sec. 6-1. Aicoholic beveraqe establishments� hours of oqeration and location
Sec. 6-2. Consumption in public places
Sec. 6-1. Alcoholic beverage establishments; hours of operation and location.
(a) No alcoholic beverage as defined in F.S. § 561.01(4) may be sold in sealed containers or otherwise,
for consumption on or off the premises, or senred or permitted to be served or consumed in any
place holding a state beverage license, or in any public place within the territorial limits of the village,
by any person, between the hours of 12:00 a.m. and 7:00 a.m. of the same day, except on Friday
and Saturday nights, when sales may continue untif 1:00 a.m, the following moming.
(b) All pfaces of business selling intoxicating liquors, wines and beverages for consumption on the
premises shall be located in conformance with chapter 78, zoning, section 78-298 Any variance
from section 78-298 granted by the village council shall specify the type of alcohdlic beverage to be
sold on the premises (e.g. full liquor service or beer and wine only), and shall run with the land so
long as the type of alcoholic beverage service does not change and is not discontinued far more than
90 days.
(Code 1977, § 3-1; Ord. No. 5-13, § 1, 3-14-2013)
Sec. 6-2. Consumption in public places.
(a) General prohibition. No person shall drink any alcoholic beverage as defined in F.S. § 561.01(4} in or
upon any street, avenue, alley, park, municipally owned or operated parking lot or other public way in
the village.
(b) "Public way" defrned. For purposes of this section, the term "public way" shall include, but not be
limited to, parking areas or drives of retail and wholesale establishments within the village which are
commonly open to the general public for the purpose of parking and/or driving.
(c) Permit. In association with any village sponsored event or activity, a civic organization, a legitimately
chartered organization or club, or the viilage itself may make application in writing to the village
manager for a permit allowing public consumption of alcoholic beverages as defined in F.S. §
561.01(4) an or within areas described in subsection (a) of this section. The application shall be
signed by an officer of the organization or club and shall be filed in the office of the village clerk at
least seven days prior to the village sponsored event at whick� the proposed activity would take
place, along with, in the case of an organization or club, a resolution of the organization or club
giving authorization for the application for the permit. Upon receipt of the application, the village
manager shall, upon a determination being made that the requirements of this section have been
met and that the applicant is a legitimate organization or club, issue a permit authorizing the
proposed activity during and in association with the village sponsored event, designating the place of
such activity and the time. The permit shall be valid only for a specifed time within a period not to
exceed 48 hours in succession.
(Code 1977, § 3-2; Ord. No. 5-13, § 1, 3-14-2013)
Tequesta, Flor+da, Code of Ordinances Page 1
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE III. APPEALS AND VARIANCES
Sec. 78-66. Decisions; required vote; resubmission after denial.
In exercising the powers mentioned in section 78-65, the board ofi adjustment or the village council
may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and may make such order, requirement,
decision or determination as ought to be made, and to that end shall have all the powers of the officer
from whom the appeal is taken. The concurring vote of three members of the board of adjustment or the
village council shall be necessary to reverse any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant on any matter upon which it is required to
pass under this chapter, or to effect any variation in this chapter. Any request denied by the board of
adjustment or the village council shall not be resubmitted for a period of 90 days after the date of denial.
f �� - _ �• - -,,.
Sec. 78-67. Appeal to circuit court.
Any person or persons aggrieved by any decision of the board of adjustment or the village council
under this article, may appeal such decision in accordance with state law.
" _ P.�� --,. - - - � _�. _
Sec. 78-68. Time limitation on variances.
The board of adjustment or the village council may prescribe a reasonable time limit within which the
action for which the variance is required shall be begun or completed or both. However, if no time limit is
specified by the board of adjustment or the village council, then the variance shall expire within six
months from the date of grant, unless a bui{ding permit based upon and incorporating the variance is
issued within the six-month period and construction has begun thereunder.
" �,i,_ r �, � -
Sec. 78-69. Fifing fee.
(a) Upon filing an application with the board of adjustment or the village council under this article, the
applicant shall pay a fee to the village at the time of filing of such application. The fee shall be in an
amount as set by resolution of the village council and on file in the village clerk's office, shall not be
reimbursable, and is intended to defray the costs of administering, processing and reviewing the
application. Additionally, to cover all additional administrative costs, actual or anticipated, including,
but not limited to, advertising costs, engineering fees, consulting fees, attorneys' 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 community development director, or designee.
(b) The building official may waive the filing fee when the applicant seeks a variance to replace an
existing screened swimming pool enclosure with a new screened swimming pool enclosure having
the same dimensions but a greater height than the existing screened swimming pool enclosure.
Tequesta, Florida, Code of Ordinances Page 4
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE III. APPEALS AND VARIANCES
(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 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.
(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
village 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 council, no building permit shall 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, 4-10-2008)
Tequesta, Florida, Code ofOrdinances Page 3
Gf � Tf VILLAGE OF TEQUESTA
v V' . . G�,�d
> > 9
� r� , DEPARTMENT OF COMMUNITY DEVELOPMENT
y �- `� a 345 Tequesta Drive • Tequesta, Florida 33469-0273
�3 0 � (561) 768-0450 • Fax: (561) 768-0698
e =., 4 v
� CoUMt
March 28, 2014
Mr. Brian Hetrick
R Builders, inc.
P.O. Box 3434
Tequesta, FL 33469
Subject: Request fior Variance
Tequesta Steakhouse
157 North US Hwy.1, Tequesta FL
Dear Mr. Hetrick:
Enclosed is a copy of the Village of Tequesta Notice of Public Hearing to be held on Thursday,
April 10, 2014, 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
Ordinances of the Village of Tequesta. Receipt of Check #5424 in the amount of One Thousand
Dollars ($1,000.00) for the application is hereby acknowledged.
You and/or your representative must be in attendance at the hearing to present your
app{ication and answer any questions Councif may have.
Sincerely,
����
oanne M. Burnsed
lanning and Zoning Department
Encl.
i
RE: Tequesta Steakhouse
157 North U.S. Hwy. One
Tequesta, FL 33469
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, April 10, 2014, 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 final decision on the following request:
VAR 1-14: Consideration of request for variance from the requirement of Sec. 78-298 to
allow Tequesta Steakhouse to sell intoxicating liquors, wines and beverages for
consumption on the premises within a 680 +/- 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 C-2
Zoning District at 157 North US Hwy. 1, Tequesta, FL. The applicant is Brian Hetrick,
agent for owner.
Related documents are available for public inspection and copying in the Village Community
Development Department, Monday through Friday, between the hours of 8:30 a.m. and 5:00
p.m. All interested parties may submit written or oral comments before or at the public
hearing.
PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision made
with respect to any matter considered at this hearing, he or she will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. The Village of Tequesta does not provide such a record.
�-"-"_
T V���pGE pF TEQUESTA
DEPARTMENT 3� T4� M� p��e VELOPMENT
Tequesta, FL 33469
'� Q (561) 768-0450 Fax: (561) 768-0698
* r` �
� Var. # � � _ �
� .� APPLICATION FOR VARIANCE
�o
PROJECT NAME: -(� � -
�
PROJECT ADDRESS: .
qpplicant Name:�� � —L, . a- �tt
qppiicant Address: Q s'�� �? `tf�
� Fax No.: k 9
qpp{icant Phone No.: E-mail Address: � '�
Cell Phone No.:�s6 3 ` D�' s
e owner, if oUier than the applicant
Provide written aPProval from fhe prop rty �
PropectY Owner's Name: � � �.
Owner's Address: �
PropertY E-mail Address:
Fax No.:
Prope�tY Ovvne�'s Phone No.: ` �
NATURE OF VARiANCE: �. � �
_� � �
� �
. . r t �
7 �
NOTE: APFLICANT SHALL INCLUDE THE FOLLOWING ITEMS WITH THIS APPLiCATION:
1) Current sealed survey of proPerry showing alt strudures and setbacks.
2) Drawings to scale of proposed �a e 2 application.
3) Variance Criteria Response — p 9
4) Any other documentation pertinent to this application• e obtained from PBC
5) 15 Copies of all submittals , erimeter of subject prop rtY,
6) List of ail propertY owners vuithin 300 radius of the outermost p
Property APPra�s�� ��° &�amped envelopes for each.
Sin le Famil : $ 300.00
7� qpplication Fee of. A) 9 y 500.00
g) Duplex: 0.00
��i1�:---
�) Commeraal• 1000. �
''fo cover all additional administrative costs, actual o� anfiapated, induding, but not limited to, engineering fees,
� i�cant shall compensate the Yi � a � ge � fo �i i chevi c er is determined as appropn�e
consuttant fees and special studies, e 30 s after final application app
of the application or not later than thirty () Y
by the Vllage.
/L_ DATE'�i
SIGNATURE OF APPLICANT: v �.
Page 1 of,2� 3
/
JUSTIFICATION OF VARIANCE: You must provide a response to each of the following questions per Zoning Code
Sec. 7&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.
1. Special conditions and arcumstances exist which are peculiar to the land, structure, or bu+lding involved and which are not
appliqble to other lands, strudures or buildings in the same zoning distrid.
��-�G.�...---f�—„`"'_�_..�. `
2 The special conditions and arcumstances do not result from the actions of the applicant
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.
4 Literal interpretation .of the provisions of this chapter would deprive the applicarrt of rights commonly enjoyed by other
properties in the same zoning district urxler the terms ofi this chapter and would work unnecessary and undue hardship on the
applicant.
5 The variance granted is the minimum variance that will make possible the �easonable use of the land, building or strudure.
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.
s
Page 2 of 2
� 3
,
1. The proposed restaurant at 157 US Highway N in Tequesta is located within 1,000 ft of St. Jude
Catholic Church, there are restaurants in the same plaza and restaurants located just south
across Teyuesta Drive which are able to serve aicoholic beverages
2. The special conditions/circumstances are a result of the proposed restaurant (Tequesta
Steakhouse, LLC) being Iocated within 1,000 ft of St. Jude Catholic Church, not from any actions
of the applicant.
3. Granting the variance will allow Tequesta Ste s�� tch of S 1 a e able t do! Also, the prev o a
number of other restaurants along th�s sam
tenant of this space was authorized to serve alcoholic beverages.
4. There are other establishments in the same plaza as the Tequesta Steakhouse which are able to
serve alcoholic beverages.
5. The Tequesta Steakhouse is going to be the foo so thatthe b s ness can be profitable a
serve a l c o h o l i c b e v e r a g e s t o a c c o m p a n y
become an upstanding member of the community.
6, By granting this variance, the Village of Tequesta wiil be allowing a fine dining establishment to
open within its boundaries. Tequesta Steakhouse will be an upstanding member of the
community and follow alt necessary process and procedures to ensure that all parties involved
remain responsible and respectFul. The owner and management of Tequesta steakhouse will
ensure that the granting of the variance will in no way cause injury to the area in question or be
detrimentai to the public welfare.
�3 3
PO Box 343�4
-= ��. R Builders, In�. aeq°@�a, �.
�. m 33469
J � � � _ 561-S3Y-9o79
March 4, 2014
To Whom it May Concern,
I, John H. Donovan, give Brian E. Hetrick the authority to s� � and complete all
documents related to the Application of Variance for Tequesta S�ealchouse, LLC.
Sincerely,
� �_�
/ (`✓ f �
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John H. Donov�n
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Gary R. Nikolits,.CFA location: Downtown Service Center � Key i
Palm Beach County o ao iso a2o �80 � � _ I
I PropertyAppraiser Peet T i Selected Parcels ioo 300 500
Map Sple �
_..-
� Notes: i Others 2(70 400
I Prodcued o n: 2/2420 � -----
__ __ -------
1 MARSHALLS! HOMEGOODS 40,095
5 DOLLAR TREE 9�`�6
7 TUESDAY MORNING 0,508
B STAR CLEANERS 1,tOC
9 AVAILABLE �3,29'
r ������������������,���,,,��,���.�...�..�+.� 10 NEWLOOKHAIRDESIGN 1,10C
11 AVAILABLE 1,���
� 12 SIR SPEEDY PRINTING 2,17:
i 130 � CENTERS
13 THAII.OTUS Z,��'•
� „ � 14 BEALLS 13,001
i /�.\ � 15 TEQUESTA STEAKHOUSE 2,80i
v �� 18 TROPICAL WINES 8 SPIRITS 2,81�
� �' 1 � � 1�J TEQUESTA NAIIS 1,03
' � �� o � 20 BAGEL BISTRO 2,1�
I — � z MARSHALLS/ � Z, AVAILABLE ,,38
"°N � m HOMEGOODS ' j \ j \ I zz �LTERATIONS�YKIM 1,05
� — ' z / � 23 THE UPS STORE 1,51
�: ' 5 40 ,095 SF � � � Z4 AVAILABLE 1,
� _ Na0 D0�969SFEE / �
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� /n � �.., 2� PINCH-A-PENNY 1,4G
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TEQUESTA FL 33469 i 0S°'`r,a:•�weiu•r:rmir:,cson�v.ra¢sun�ecrtar�conc;,nw�v:m�
t:J11C�. l,1:[ I::li 1'ii[':J[� i0 OE �[l��O ll��,•! OY 1,1Y P,liT PN� AflF. I�Oi 1'If[N
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L 26.9600, Longitude: -80 _ ____ _ _ _ �-�x �,� �:,, � �>��� ���, �>„�:_� ,� . �„ _ � _
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Property Deta+l
Parcel Control Number: 60434030000030050 Location Address: 105 N US HIGHWAY 1
Owners: DDR SOUTHEAST TEQUESTA LLC �
Mailing Address: DDR REAL ESTATE TAX C/O 3300 ENTERPRISE PKWY,BEACHWOOD OH 44122 7200 �
Last Sale: JAN-2003 Book/Page#: 14691 / 1871 Price: $11,477,000 �°
30-40-43, WLY 692.40 FT OF GOVLT 3 LYG E OF.& ADJ TO SR 5(LESS N 200 FT, PB61 P32 & d
Legal Description: PB65P103) & NLY 121.76 FT OF ELY 300 d
�
2013 Values (Current) 2013 Taxes �,
Improvement Vatue $4,835,942 Ad Valorem $172,674 p
$40,465 [
�and Value 53,161,154 Non Ad Vaforem �-3
Total Tax 5213,139 x
Total Market Value $7,997,096 C�i
Assessed Value $7,997,096 2013 Qualified Exemptions y
No Details Found �
Exemption Amount � $ y
Applicants y
Taxable Value $7,997,096 No Details Found �
II values are as of January 1 st each year �O
Building Footprint (Building 1) ubarea and Square Footage (Building 1) �
Ss Description AreaSq. Footage
ZO COMMUNITY RETAIL 1 29380 t�i�
�-3
Total Square Footage : 29380 y
' Extra Features r
�so 210 Description Unit n
PAVING- ASPHALT 1836 ,.
PAVING- ASPHALT 20585 n
WALKWAY-COtdCRETE 1220 z
69 S 1 273 39 37 Q\
WALL 9965 �
a w
us WALKWAY-CONCRETE 3439 �
69 ' WALKWAY-CONCRETE 320 �
w
so p
lol FOUNTAIN � o
23543 °
nrea i pAVWG ASPHALT O
PATIO 1144 4 �,,
211096 �
PAVING- ASPHALT o
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Unit may represent the perimeter, square footage, (inear o
footage, total number or other measurement.
Acres 12.0950 �,
tructural Details (Building 1) Mqp o
�n
....
No _ Description
l. � YEAR BUILT 1986
2. COMMUNITY RETAIL 29380
GARY R. NIKOLiTS. CFA PALM BEACH COUNTY PROPERTY APPRAISfR wwM►.pbc9ov.org/PAPA ZIZIIZOI4
http;//vwvw.pbcgov.com/papa/Asps/PropertyDetaiUPropertyPrintNew.aspx?pvalue--y&p e... 2/21/2014
Marcli 4_ 2013
Village of Tequesta.
Department of Community Development
34� Tequesta Dr.
Tequesta, FL 33469
Re: Tequesta Steakliouse
157 Federal Higl:way IIS 1, Tequesta, FI,
Dear Sir or Madam:
This letter sen es as notice to Village of Tequesta from DDR Southeast Tequesta LLC that Tequesta
Steakhouse LLC has signed a lease to operate Tequesta Steakhouse. Under this circumstance, we would
like to grant Tenant permission to sell beer, ��-ine and/or liquar for onsite consumption. pro��ided Tenant
obtains all required permits and licenses at reference locatian.
Do not hesitate to contact me at 954-845-7157or if vou have am- questions or
comments. Thank �ou for your cooperation.
Sincereh-.
DDR CORP. dba DDR Southeast Tequesta LLC
,�,1-'a (',�:� �,C:fi.. :: _ _:�-;?:-- ..
Guillermo E. Zegri, PE
Senior Tenant Coordinator Project Manager
j w.�«,�..e <� I — — �
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I ,�, � I KITCHEN EQUIPMENT PLAN
- � Tequeata 3teak Restaurant
� 157 N US Havy No1
qTCHEN EDUIPMENT PLAN T . Tequesta, FL. 33469
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18793 9E Fed. Hwy.
Tequesta, FL. 33469
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St. Jud.� �athol�c �h.urch
204 N. U� F-_�i�hw�y Os7e—P.O. Box 3%26. TeqL.esta, �L 33�6�
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Ma� :h 6, 2014
Vi�i .ge of Tequesta
35" I'equesta Drive
Te�_� iesta, �L 33469
RE: Tequesta 5tealc �Iouse
157 N US Hwy One
Tequesta, FL 33469
To Thom It May Concern:
St. . ade Catholic Church has no objection of selling intoxicating beverages for consumption on
the ,�remises stated above. We are aware that the establishment is within the 1,000 feet of the
chrr,:h. I do wish John Harry Donovan, the owner and operator of the restaurant the best.
If � u have a question, please do not hesitate to contact me.
Sir . �re?y,
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l�e Charles E. Notabartolo
Pa. , ��•
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