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Home My WebLink AboutDocumentation_Regular_Tab 13_09/11/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Reguiar Ordinance #: September 11, 2014 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) VAR 02-14. Application of Bogland Taverns, Inc., 187 Tequesta Drive, Tequesta, FL 33469, for a Variance from Code Section 78-705 (29) Required number of parking spaces for restaurant use.. . Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) VAR 02-14. Application of Bogland Taverns, Inc., 187 Tequesta Drive, Tequesta, FL 33469, for a Variance from Code Section 78-705 (29) Required number of parking spaces for restaurant use. The applicant is seeking approval to reduce required parking spaces from 62 to 38 spaces. APPROVALS: SIGNATURE: Department Head ,�( a � � g 2 �/ / � 1,�,{/� j Finance Director: Reviewed for Financial Sufficiency � ' , ��/�f � � �� + � No Financial Impact ` f� �~� , Attorney: (for legal sufficiency) Village Manager: _,��_ Submit for Council Discussion: �'� Approve Item: Deny Item: SPECIAL INSTRUCTIONS 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) Form Amended: 10/20/11 b � . VILLAGE OF TEQUESTA � , � DEPARTMENT OF COMMUNITY DEVELOPMENT Staff Report— Village Council Meeting —09.11.14 1. PETITION DESCRIPTION OWNER: Mr. Francis Gillespie Bogland Taverns, Inc. 187 Tequesta Drive REQUEST: The applicant is requesting a Variance from the Village's Code Section 78-705 (29) "Required number of parking spaces for a restaurant use". "Section 78-705 (29J Restaurants (standard): One space per three seating accommodations, or one space per 100 square feet of gross floor area, whichever is greater, including permitted outdoor seating areas". The applicant is seeking approval to reduce required parking spaces from 62 to 38 spaces. 2. LAND USE AND ZONING EXISTING LAND USE FUTURE LAND USE ZONING SUBJECT Mixed Use Mixed Use Mixed Use PROPERTY North Mixed Use Mixed Use Mixed Use South Mixed Use Mixed Use Mixed Use East Mixed Use Mixed Use Mixed Use West Mixed Use Mixed Use Mixed Use 3. BACKGROUND The subject property located on 187 Tequesta Drive was approved as a restaurant along with the Tequesta Oaks Development in 1996 (see attached approval letter). Required parking space for the restaurant was provided by combining onsite parking spaces and additional parking spaces located across Tequesta Oaks Drive to the east and abutting the bank site. 1 Department of Community Development - Staff Report 8.22.2014 — Variance Application — 187 Tequesta Drive Once the restaurant parcel was sold by the original developer and owner, Divosta, the new restaurant site owner signed an agreement with Divosta to continue using the parking spaces located across Tequesta Oaks Drive to the east and abutting the bank site. The subject agreement was discontinued years ago, and currently the restaurant site lacks sufficient parking spaces. The restaurant has been vacant and for sale for a number of years. During this time, the Village has been approached by different potential buyers. The fact that the restaurant site does not comply with required parking for a restaurant use has been a critical constraint for a potential buyer. The subject application proposes to open a restaurant on an existing building structure. Per Village's Code Section 78-705 (29) "Required number of parking spaces for a restaurant use", the proposed use "restaurant" requires the provision of 62 parking spaces. The applicant is seeking approval to reduce required parking spaces from 62 to 38 spaces for a restaurant use. The applicant is seeking a variance for 24 spaces. 4. CRITERIA FOR GRANTING A VARIANCE Section 78-65 (a) (2) of the Village Code authorizes: "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 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 circumstance 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. Please see attached applicant response addressinq the above criteria, and an additional cover letter further exn/aininq their petition. 5. FINAL REMARKS This variance application met the requirements set on Section 78-63 notice of hearing. The notice of hearing was advertised on 8.31.14; and, it was also mailed to all property owners located within a 300-foot radius of the property for which a variance is requested. 2 Department of Community Development - Staff Report 8.22.2014 — Variance Application —187 Tequesta Drive � � VILLA,GE 4F TEQUESTA , . .�;- DII'ARTMENT OF COMMUNTIY DEVELOPMEM `•� '� Post Office Box 3273 • 357 Tequesta Drive ; ; Tequesta, Florida 33469-0273 � (40�575-622Q �F� co ��{ �� Fax: (407) 575-6239 �ctaber 8, 1996 Mr, Donaldson E. Hearing . Cotleur Hearing, Inc. 1D70 E. Indiantorm Road, Ste. 402 Jupiter, FL 33477 Subject: Viilage Council Action � Tequesta Oaks Development, Tequesta Drive Restaurant and i60 Duplex Townhomes Public Hearing for Special Exception Use (Restaurant in M-U District) Site Plan Review (Including Signage), and Landscape Waiver Dear Mr. Hea.ring: This letter is to confrm the action of the Viliage Council of the Village of Tequesta at their Juiy 2, 1996 meeting acting upon your applications for the above subject as follows: "Approved the Special Exception, Site Plan Review and the landscape waivers as submitted. it was the consensas of the Viltage Council that the Homeowners Associatian would maintain the dry retention areas only and the remainder of the drainage systems would be maintained and operated by the Village thzough its stormwater utility. If you have any questions regarding this matter, please feel free to contact me. Very truly yours, ,�c�f D. �� s�rc D. �aa, c.B.o. Building Official JMc Recycted Paper � p.1 11#LLAGE OF TEQUESTA DEPARTM�T OF COMIIAUNITY DEV�LOPMENT 3d5 T�questa Drive Tequesta, F� 334SS .� . (561) 7fi8-0450 Fax: �56'1) T�-Ofi98 APPLECATION FOR VAR�ANCE Var. # �� PROJECT NAME: l 87 XEQUESTA D4iIVE TEQU E5TA F4 33�.b4 I�RO+JECT A�QRESS: 187 Tequesta Drive, Tequesfa, FI 334b9 __ A�plicant f�ar�e: �and 'fav�rns lnc. Appiicarrt Addr�ss: 187 Tequesta Drive, Tequesta, F! 33469 P►�Piicarrt Phone �o.: 1-617-g39�74.4 F�x No.: Ceil Ph�rte [do.: �-b17-939�744 __ E-irtail A�dres�: �ackthomvadcEv@aol.corr� ProvAde u�r►;tten approval �►n� Bre praperiy ow�er, �other tira» �e applicant properly Owrter� Name: BoglancE tcvems, Inc PrOp2�ty Ow��'f� Add�ss: 1 $ 7 T�'q+�esFa Dr., Teguesta, FI 334b4 Praperty Owmer� Phane Ido.: i-617939-37�44 Fax No.: E-mail Address �k�ankg illespie.com N�aTURE �F VAR1�i+fCE: �4p��d� RESTAURANT �PERATltJNS AT THE SUBJECT SITE. .,_ ,. E�OTE: APPLECANT SMALL IN�LUDE THE FOl.Lf31MNG tTEIU�S WITH THIS APP�.ICATlON: 1) Cwrent sealed sunrey of �foperty ahowing aft structur� and setbacks. 2) €3rawings to �le cf prop� improvemen#s. 3) Varia� Criteria Respunse 0 page 2 of ap�ticatian. 4) A�y other dacumenta�on per�iiner�t to this application. 5) 15 Ca�ies of a11 subm'ittta{s s} List af alt property c,v+mers within 300oradius af t�e fluterrt�t perimeter of subJect propent}l, �� from P8C ProPe�Y APP�isers OfEce, 8� stam�sed enve4opes far each, 7) Ap�alication Fe.e a�: A) �ingle Famlly: $ 300.0� B} Duplex vDD.OD C) Multiple Fami[y: 750.t]0 D) Commerciak: 1000.00 'Ta cover all addi�tiartal admini�ve c�sts, ac�tual or aniicipat�d, including, but nflt lir��d ta, er��r�eering fe�s. cans�lt�n# fe�s �rrd special stud�es, tP+e agplic�a� shall c�mpensate �he VI Ilage frn atl s�rch cflst� pr{or to #he processin9 af the applicati�n or not later than thirty (30) days a�ter final application appravat, whichever is �Eetermined as appropri.ate by the Viltage. . � � ° y SfGNA"NRE 0�' APPLICANT: � DA�'E' �G Pana 4 nf a � 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 Waterwray 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 circumstances e�ast 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 site was originally developed as a restaurant and had off site parking approved. Currently, it is still built out as a I, restaurant with potential for a new user. It has been vacant for several years as it has been difFcult to find a new user. , The owner and t h e vi of T equesta w ould benefit with a n use as a restaurant. 2 The special conditions and circumstances do not result from the actions of the applicant Due to economic conditions, the former restaurant user closed the restaurant and now the approved leased parking is in question. 3 Granting the variance requested wrill 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. This is a long existing situation that was allowed to exist. There are ample overFlow parking that has been developed in the village center area which allows public parking. 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. As this site was originally developed for a restaurant with some off site parking, it is a hardship to the owner not to be able to operate the restaurant. 5 The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance request of reducing the required spaces from 62 to 38, a reduction of 24 spaces is the minimum requirement to use the restaurant as before. 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. We believe this variance allows the building to be used as a restaurant again which will help the public by providing a quality restaurant within walking distance of hundreds of residences and businesses in the immediate area. Page 2 of 2 i ,, , .-- -, {': Attorneya '� p � Thom son Z'110II1�5 PA -- � Philip G. Thorapson P 0 � Candice M. Redman Charles D. Thomas "' Sassp Rodriquez y � — d � � August 22, 2014 � Departrnent Of Community Development i 345 Tequesta Drive � Tequesta, Florida 33469 I . . RE: 187 Tequesta drive Current Owner Bogland Taverns � To Whom it May Concern: � �� My name is attomey Charles Thomas and I have the pl�sure of representing Francis ! Gille.spie and his company Bogland Taverns as it relates to the property located at 187 Tequesta ' Drive. The Bogland organization endured very difficult financial times several years ago and was forced to close their business opera.tions as a re�taurant at the above location. The property was financed through a local community driven bank known as Anchor Commercial Bank. ' The requirement to close the restaurant by Bogland left the property at 187 Tequesta Drive , vacant, and the property has been marketed for sale through the cooperation of Francis Gillespie and Anchor Commercial Bank since Mazch of 2011. The property since being marketed has �, elicited incredible interest and several contracts to purchase the �roperiy have been executed since the property initially went on the market. A majority of the conhacting parties wished to operate the properly as a restaurant, which was the intended use for the property from the time the Village ' of Tequesta Community Development Department initially approved the Tequesta Oaks Mixed Use Project located on Tequesta Drive in tlne Village. The contracts have all been terminated and the property has rcmained vacant for almost four yeazs. As the Department is awaze, The Village of Tequesta Special Village Council Meeting Minutes dated July 2,1996, reveal that the uutial appraval of the Village Oaks Development was premised upon the inclusion of the restaurant that was to be located at 187 Tequesta Drive. The fulfillment of that desire was to be effectuated through the use of parking spaces available not only on the property, but also through the use of 30 parking spaces located on an adjacent property to tlie restaurant which was al�vays part of the original approval. The adjacent spaces are owned by an entity that extended an easement for the use of those spaces to the restaurant property, whom has recently terminated that easement. 1801 Indian Road,Suite 100 • West Palm Beach, FL 33409 • Phane:561.651.4150 • Fa�c561.651.4151 • lawyers@TNTlegal.com Satellite Offices: Bonita Springs � Davfe • Fort Lauderdale • Miami Lakes • Pembroke Pines • Stuart y � 1 I , I I The highest and best use for the property is that of a restaurant, the Village Council respectfully recagnized that as evidenced by their notes from the meeting approving the project initially. The inability to guarantee that use to a prospective buyers has rendered the properly vacant, and become responsible for the multitude of failed efforts to sell the property to prospective business owners. The property has remained vacant, is currendy serving no use to the community and caused great financial hazdship to the parties involved. The Parties involved. with this property have gone through painstaking efforts to mainta.in the property and market the property effectively to prospective commercial enterprises, in an effort for the property to once again become a functioning asset to the community in which it stands. Unfortunately, that goal ca.n not be realized without the assistance of the Village. A very well respeeted business owner in a neighboring comraunity is cuirently under contract to purchase the property, and rehu�n the property back to its intended use as a restaurant. The variance currently bei.ng considered by this committee is a quintessential element to the success of this tranRAs+�on. It is for that reason, we implore the committee to consider the variance in relation to the reality of tlus properiy remaining vacant and offering no benefit to the community and serving only as a delriment The Parties involved in the current ownership to include Anchor Commercial Bank, have tentatively agreed to take a tremendous financial loss in order to a11ow this transaction to be completed. The commitment is present from the current owner and the prospective purchaser ta make this deal happen. Mr. Gillespie would request that this Honorable Tribunal approve the request� variance and return this property to its intended and beueficial use. .. -� ,•� � J J' r ' +' l ., ,�'t� y ° � .. _ — ir � �:�a G�,�,o� '�� ..%'L'�arles�Thomas on behalf of `� Francis Gill �� / i ,' , . �' August 8, 2014 Town of Tequesta • 345 Tequesta Drive . Tequesta, FL 33469 . I ' Re: 187 Tequesta Drive To Whom It May Concem: This is to confirm that the undersigned has retained the services of Gary J. Nagle, Esq. to represent Bogland Taverns, Inc. in regard to an applicarion for a variance to be heard on September 11, 2014 regarding the property located at 187 Tequesta Drive. Thank you for your considera.rion in this matter. Sincerely, Z �?�ril1?i < ,�� cis Gillespie ident, Bogland 'ms, Inc. : I I I � i i I ,� � � i � � � � a I � , � I Slee� E!� ��i �� I / �� Attorney at Law 14255 U.S. Highway One, Suite 203 Juno Beach, FI,. 334p8 Phone: (561) 626-0270 Fax: (561) 626-1244 Email: Garv@na�lela.wfl.com August 8, 2014 � Town of Tequesta � 345 Tequesta Drive Tequesta, FL 33469 Re: 187 Tequesta, Drive i To Whom It May Concern, This is to confirm tha.t the undersigned has been retained to represent the Owner of 187 Tequesta Drive in regard to an application for a variance at the September 11, 2014 hearing that has been scheduled in this matter. In the event you need additional information please do not hesita.te to contact my office at (561) 626-0270. Thank you. Sincerely, Gary J. Nagle . ' p.1 €lepartrnent {1f Community Deve{opmerrt 345 Tequesta Dri�e Teq�uesfia, Florida 33469 7o wl�om it rnay cancern: AAy na�r►e is Francis Gillespie and I am the current owner of Bogland Tavsrns which owns the property lacated at 187 Tequesta Drive. The property has been and �s currently under contract to be sold. I hereby authorize attarney Gary Naghe a� the purchaser 6acio, Inc., to apply for and seek a variance uvith the ViEfage of'fequesta, to compfete and submit al) necessary documen#s fnciderrtal to that request and attend any and all necessary hearings wfiich rnay be required for the rec�uested variance ta be considered and ruled upon by the VRllage of Tequesta. The authorization shall include any and all requests far a Speciaf Exception Use approval. My aarrer�fi legai caunsel is Charles D.7homas of the law firm ofThompson & Thamas, P.A., shouid my presence be required for arry hearing and/or meeting, NEr. Thomas t�s my author'rty to act completely and fully on my beha�f as it relates to the aforemer►tiored action as weil. truly rs, nci ille ie : 11 � ; �° �� a --� �- -�.� �.� =�---;- ;----- �� ,, e �. I 1 9 �� 1 � E ' }, a� w &� TAlL OAKS DA1 VE �' � � ; I � !,i � :i i `� �}��g�4� ��^"E°"` , - $ �C95�� l�'�i b � ��2�� 9 ��s . � •;`�� _ e s �� , , � s�fi ' ` _i �.. ,,,�4� �� ---- -_ . ' � = ' a = � ' ' - -- ------ - -- - � - p � . � ee 8�.5 W - j , , -- ' - _��,.,m_.........,„ '__ ' ', - . $9 _ �� ' 4 �'�- � -� -� � � � r @ ,e e �� q� O � i s- 'v�� a ' � a �-,� �� s� O , � t e �' v ' �� a ��_� �� I � � f :, �F ` �' g�g � �8' s c� •- � g� �� S � y y �� p f r-. _i., s iE� � , p � � —��- ___-. ��;� � � � � ° �� - � � _ R �� m"� � � UI '� �.�~ �", - � - @ - + �� - 4 T'� Z ''. 2 � � � � y � S • 9 e ;i � �� g