HomeMy WebLinkAboutDocumentation_Regular_Tab 07_10/09/2014 I VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
I Meeting Date: Meeting Type: Regular Ordinance #:
i October 9, 2014
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
VAR 03-14. 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.
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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 03-14. 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 42 to 38 spaces.
APPROVALS: SIGNATURE:
Department Head �� ✓ ^
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j \� ;� . � ,�,� ;a% ��--�� � :: �-�'-''-.�"��
Finance Director: .-..-...., :
Reviewed for Financial Sufficiency � � �/
No Financial Impact � ���1
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
VILLAGE OF TEQUESTA
, ,-�� ' DEPARTMENT OF COMMUNITY DEVELOPMENT
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Staff Report - Village Council Meeting -10-09-14
1. PETITION DESCRIPTION
OWNER: Mr. Francis Gillespie
Bogland Taverns, Inc.
187 Teques�ta Drive
REQUEST: The applicant is requesting a Variance from the Village's Code Section 78-705 (29)
"Required r�umber of parking spaces for a restaurant use".
"Section 78-705 (29) Restaurants (standard): One space per three seating
accommodations, or one space per 100 square feet of qross f/oor area, whichever is
qreater, including permitted outdoor seating areas".
The applicant is seeking approval to reduce required parking spaces from 42 to 38
spaces; a Variance of 4 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.
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
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Department of Community Development - Sta,ff Report 10-01-2014 — Variance Application — 187 Tequesta Drive
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. The total
gross square floor area of the building is 6,427 square feet. Per Section 78-705 (29) of the Village
Code the required number of parking spaces for a restaurant use is "one space per three seating
accommodations, or one space per 100 square feet of gross floor area, whichever is greater:'
The applicant proposes to modify the usable gross square footage of the building from 6,427 square
feet to to +/- 4,242 square feet. The required parking count for a 4,242 square foot restaurant is 42
spaces. The applicant is requesting Council's approval to reduce the number of required parking
spaces to 38; a variance of 4 parking 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 addressinp the above criteria and an additional cover letter
further explaininp 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 9.29.14; and, it was also mailed to all property owners
located within a 300-foot radius of the property for which the variance is requested.
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Department of Community Development - Staff Report 10-01-2014 — Variance Application —187 Tequesta Drive
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PUBLIC NOTICE
The Village Council of the Village of Tequesta will conduct a public hearing on Thursday,
October 9, 2014 at 6:00 p.m., or as soon thereafter as possible, in the Village Council Chambers
located at 345 Tequesta Drive, Tequesta, Florida 33469 to hear pubiic comments and make final
determination regarding the following requests:
VAR 03-14
Application of Bogland Taverr�s, 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 42 to 38 spaces.
SEU 01-14
Application of Bogland Taverr�s, Inc., 187 Tequesta Drive, Tequesta, FL 33469, for a Special
Exception Use per Code Section 78-180 Mixed-Use District (i) Special Exception Uses (1)
Restaurants (including carryout). The Applicant is requesting approval for a Special Exception
Use for a restaurant on an existing 6,224 sq. ft. building.
The above applications and all related documents are avaiiable for public examination and
copying in the Office of the Village Clerk, Monday through Friday, between the hours of 8:30
a.m. and 5:00 p.m. The Public Hearing may be continued from time to time, as necessary. All
interested persons are encouraged to come to the Public Hearing and be heard.
PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision made
with respect to any matter considered at these hearings, 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 basecl. The Village of Tequesta does not provide such a record.
PUBLISH: September 29, 2014
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Ta: Page 5 af 6 2014-09-29 17:04;C0 (GI4t'T) 'E 56182858Bt3 From: �sart'UVaid
Department Of Cornmunity Development
345 TequesCa Drive
Tequesta, Florida 33469
Ta wh4Fn it may conc�rn:
My name is Frar�cis tiflespie and ! arn tFte current owner of Bogiand �averns which owns the
property lacatet� at �87 �equesta prive. The properky has been and is curren#!y under coniract #0 6e
sold. I here�sy autharize attomey Charles Tfiomas and the purchaser Bacio, Inc., to applyfor and seek a
variaRte w�th the Viilage of Tequesta, to corrrpfe#e ar�d submit all necessary documen�s incidental to
that request and a#iersd anyand al� necessary hearings which may bs required for the requested
variance to �e considered and ruted vpon by the Viilage of Tequesta. The authorization shall +nclurfe any
a�ti all requests for a�peciaf Excep#ior� Use approval.
My current Eega� caunsel is �harles �. Thorr�as of the law firm �f Thompsan 8c Thamas, P.A.,
s#�roulti rny presence be required for any hearing andfor r�neeting, Mr. Thomas has r�y autharit� to act
cornple#e!y and fully on my be�+aiFas it relates to the aforementioned actidn as we11.
Very truly yours,
�
� f „� t ,��,.� � ��'.�'�s�a�=.�-
�rancis Gillespie
Department Of Community Development
345 Tequesta Drive
Tequesta, Florida 33469
To whom it may concern:
My narr�e is Francis GiUespie and I am the current owner of Bogland Taverns which owns the
property located at 187 Tequesta �rive. The property has been and is currently under contract to be
sold. l hereby authorize attorney Charles Thomas, the purchaser Bacio, Inc., and George Gentile of
Gentile, Glass, Holloway, O'Mahoney & Associates to apply for and seek a variance with the Village ofi
Tequesta, to complete and submit all necessary documents incidental to that request and attend any
and all necessary hearings which may be required far the requested variance to be considered and ruled
upon by the Village of Tequesta. The authorization shall include any and ail requests for a 5pecial
Exception Use approval.
My current legal counsel is Char{es D.1'homas of the law firm of Thompson 8e Thomas, P.A.,
should my presence be required for any hearing and/or meeting, Mr. Thomas has my author+ty to act
cornpletely and fully on my behalf as it relates to the aforementioned action as well.
V ry uly y rs,
�r uw � �t'v*�/ �'�' 7�' �` �-�-_.__
Francis Gillesqie
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To: Page 3 of 6 201449 29 17:04:00 (GMT} '15618285B80 FrorYr: Susan Weld
YILLAGE OF TEQUESTA
DEPARTMENT �F COMMUNITY DEVELOPMENT
345 Tequesta Drive
Tequesta FL 33�469
{561� 7s$-4450 Fax: �551) 768-Q�;98
A�PPLlCATION FQR VARIANCE ���. #
�R+QJECT NAME; � � �eCf��sta Dr
PRC?.lECT ADdRESS; ��� T�qussta i�r, Tequesta, FL 33463
qppli �tarr�e: F�ank GillespiefBogland Taverns, Inc
Appli�carit Addr�ss: ��� T�g�esta Dr, Tequesta, FL 33469
AppGcar:t PF3ane Na.. (�61 }65�-4150
Fax No.: N1A
Cell Phon� fdQ.: �881}512 � Address: cthomas[c7tntlegaE.cam
Provide written approvaf fiom the property ow�er, it rather than ihe appftcani
Properiy C�nrner's �iame: Frank GiqespielBogland Taverr�s, Inc
�roperfy O�nmer'sAddress: � Tequesta Dr, Tequesta, FL 3348�
Property Uuvrier's Phone No.: (561}fi�1-4150 Fax Na.: N!A �..mail Address: "#�orr � s @intlegal.com
NATfJRE OF VARIANCE: �o reduce the usable square foatage of restaurant s�ace to 4,240 S� #hus requiring
42 parkirtg spaces an site or a varianee of 4 spaces ,`rom the existing 3$ spaces.
NOTE: APPLIGAfVT' SHALL {NCLUDE TH� FQLLCWI�iG 1TEMS W TH THIS APPL'CATIDN:
1� Current seafecf sun+ey of propett}r showing all structures and setbacks.
21 Drawtngs to sc�le of proposed irnpravements.
3) Variance Cr�#era Response — page 2 of app(icatiarr.
4) Any other documentation pertinent ta this application.
5) 15 Cop�es nf al� submiE�als
6} List af ail pro�er�j owners within 30b' radius of the outermost perimeter of subject prop�erty, obtained fror�t PBC
Property Appraisers �Ofifice, & starnped enveiopes for each.
r'"} Application Fee of: A} Single Famiiy: $ 300.00
B) D��fex: 500.0�
C} Multiple Fami�y: 7�p.{�p
D) Gommeroial: 1p4p,pp
*Ta cover a�l additional administrative casts, actual or anticipated, includ3ng, but nat limited tn, engineering fees,
consultant fees and special studies the a��lica�nt shail compensate the �lillag� fdr all such oosts prior #o th� processing
of ths application or not later than thirty �3Q days at#er frnai application approvai, whichever is determPned as appropriate
bg� #he Visfage.
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SIGIVATURE OFAP�LfC � �""`
DATE:
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70: Page 4 of 6 20�4-OS-29 �7:04:C0 GM
f � '156182858Bfj Frvm: Susan iNafd
JUSTIFICA7'IOAI OF VAR�ANCE Yvu must provide a response to each af #he fflllowing questians per Za�ing ��e
Sec. �&65 (2; a.-t. !f adcfitianal space is needed, piease at�ach ex#ra pages to this application. I# yflur variance request
is reCated to the pe�blic waters of fhe state camprising the Laxaha#chee River and the IntracoastaE Waterway ar.d a#I
creeks, canafs or waterways or tributaries cannected therewith, locatet! within the geagraphicai bo�ndaries vf the Vitfage,
yau must aisa address the ten criteria listed in the Sec.76-7,
1. Special conditi�ns and circumstances exlst which are peculiar to the lanct, structtr�e, or building involved and whiCh are not
applicabfe to otherlands, struch;res or bu�dings in the same zar,ing district.
The site was origin811y deveioped as 2 restaurar� an�f had of� site parking approued. Currently, it is still built out as a
res#aurant wilh potential far a new user. It has been Vacant for ��weral years as it F►as been difficult to find a new user.
The or�mer arrci the viAa�e of Tequesta would benefit substantially with a new user as a restaurant.
2 1'he specfal conditions and circumshances �o not resuft from the actions af the applicant.
Tf�ese conditions are nat a re5ult af the action of the applicant. This svtuifon allaws th� prop$rty to be used again in a capacity
ihai will not disrupt the surrounding communifij_
3 Granting the variar,ce request�d will not confer on the a�aplicant any special privilege ;�at is denied by this cha�ater !a other
9arrds, buildings or stFUCtures in the s�me zoning dFStrict.
This builc�i�g has been aRerat.�g as a restaurant for many years. Reducing the usable square feet �f the building and
t�le nurrtber of seatfng irt the restaurant wiU allow ihis praperty io be used agair� in the manner it was rrreant to t�e,
4 Li#eraE irrlerpr�tatior� of t#te provisions �of this chapter would cFepriwe the a�pl�cant of rights cammonly enjoy�ci by other
propetfies in the samezoning districi under the terms of this chapter ancE would work unnecessary and undue hardship on the
applicarrt
As t#�is site was ori inally deveEoped far a restaurant with sc�rr�e aff sre parking, it is a hardship to the awner not to be able
to operate ihe restaurant.
5 The 1►arianCe grantec! is the minimum variance thatwili make passiblethe reasonable use Qf the land buildlrlg or stt'tlCtu[e.
By reducing the usable square feei af fhe restaurant to 4.2D0 SF and re uesting a variance for 4�arking spaces from the
existing 38 spaces, is the minimum requirement to use the restaurant as before.
6 The grent of the variarrce will be in harmony with the generdl interrt and purpase af this chapter and such varianoe wi�l not be
i�juriaus to the area invalwed or othen�vise detr€mental to the public welfare.
We befieve ihis variance aUows the bu1cfinq ta t�e used as a restae�rant again which wi!! help #he public providing a
q�a�ity restaurant wrthirr wailang disiance o# hurEdreds of residences and businesses in the immediate a a�, By reducing
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