HomeMy WebLinkAboutOrders_Special Exceptions_10/09/2014_SE 02-14 ORDER OF THE VILLAGE COUNCIL
VILLAGE OF TEQUESTA
REQUEST FOR SPECIAL EXCEPTION
CASE NO.: SE- 02 -14*
IN RE: Bacio, Inc., Applicant
Bogland Taverns, Inc., Owner
PROPERTY LOCATION:
187 Tequesta Drive, Tequesta, FL 33469
LEGAL DESCRIPTION:
TEQUESTA OAKS TR B
PARCEL CONTROL NUMBER:
60- 43- 40- 30-42- 002 -0000
SPECIAL EXCEPTION REQUESTED:
Restaurant Use in the MU Mixed Use Zoning District in accordance with Sec. 78-
180 of the Village Code of Ordinances.
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 MU Mixed Use Zoning District in the Village
of Tequesta.
2. The applicant has submitted all documents required by the Village's Code of
Ordinances for special exception review.
3. The application, the staff report and all other supporting documentation and
presentation materials as reviewed by the Village Council at its October 9, 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 -180 of the Village Code of Ordinances, Restaurant Use is
permitted as a special exception in the MU Mixed Use Zoning District upon approval
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by the Village Council.
5. The applicant has applied for a special exception to allow Restaurant Use on the
subject property.
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 Special Exception, Case No. 5E -02 -14 with reference to the above described
property within the Village of Tequesta, Palm Beach County, Florida, to permit the following:
Restaurant Use in accordance with the special exception application
attached hereto as Exhibit "A"
is hereby APPROVED since the Village Council hereby finds that the applicant has met the standards
set forth in Sections 78 -362 and 78 -363 of the Tequesta Zoning Code for Restaurant Use special
exception approval. The following special conditions shall apply to the granting of this special
exception:
1. The applicant shall comply with all conditions set forth in variance approval 03 -14.
* The term applicant(s) as used herein shall include all successors and assigns.
* The applicant's special exception approval shall expire in twelve (12) months unless a building
permit has been obtained, preliminary site plan or plat approval has occurred, or other
significant action to satisfy the requirements of this approval have occurred in accordance with
Sec. 78 -367.
DONE AND ORDERED THIS g DAY OF OCTOBER, 2014.
YOR IGAIL RENNAN,
VILLAG OF TEQUESTA
LORI McWILLIAMS, MMC - �.
9 m=
VILLAGE CLERK ` ANC S � m:cn
C9 POq a
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*The application was originally assigA4, 'c uptbeKAE -1 -14, and was advertised as 5E -1 -14; however, this
was in error and this application is actual ,,'1 minutes will be annotated to reflect this as well.
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FILED: Villa a o
1 I Tequesta Page 2
Date: 1 - ---
Time: 3 A rJ a
VILLAGE OF TEQUESTA
- ,� � � DEPARTMENT OF COMMUNITY DEVELOPMENT
- Staff Report — Village Council Meeting —10.09-14
1. PETITION DESCRIPTION
OWNER: Mr. Francis Gillespie
Bogland Taverns, Inc.
187 Tequesta Drive
REQUEST: The Applica�nt is requesting approval for a Special Exception Use for a restaurant on an
existing 6,224 sq. ft. building per Code Section 78-180 "Mixed-Use District (i) Special
Exception Uses (1) Restaurants (including carryout)".
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 located across Tequesta
Oaks Drive to the east and �butting the bank site. The subject agreement was discontinued years ago,
and currently the restaurant site lacks sufficient parking spaces.
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Department of Community Development - Staff Report 10-01-2014— Special Exception Use —187 Tequesta Drive
The restaurant has been for 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 is a critical constraint for potential buyers.
4. STAFF ANALYSIS
Per Code Section 78-363 and 78-364 of the Village Code, Special Exception Use shall be permitted only
upon authorization of the Village Council provided that such uses comply with the following
requirements:
Section 78-363. Criteria
(1) The proposed use is a permitted special exception use.
Per Code Section 78-180 "Mixed-Use District (iJ (1) Restaurants (includinq carryout)" is a
permitted special exception use. The subject application is requesting approval for a Special
Exception Use fior a restaurant usin� the existin� 6 427 sq. ft. buildin�.
(2) The use is so designed, located and proposed to be operated so that the public health, safety,
welfare and morals will be protected.
The subject property located on 187 Tequesta Drive was approved as a restaurant along with the
Tequesta Oaks Development in 1996. A number of restaurants have been located on the subject
site previously. The subject application will not impose harm to the public health, safety, welfare
and morals.
(3) The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
The subject application will not will not cause substantial injury to the value of other property in
the neighborhood where it is to be located. The subject property located on 187 Tequesta Drive
was approved as a restaurant along with the Tequesta Oaks Development in 1996. A number of
restaurants have been located on the subject site previously.
(4) The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
The subject application for a"Restaurant" will be compatible with adjoining development and the
proposed character of the Mixed Use district.
(5) Adequate landscaping and screening is provided as required in this chapter.
The subject application will be submitted for site plan review and it will be heard by the Planning
and Zoning Board. The P&Z Board might request additional landscaping and screening.
(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to
cause minimum interference with traffic on abutting streets.
The applicant is reguesting a Variance from the ViHage's Code Section 78-705 (29J Required number
of parking spaces for a restaurant use. The applicant is seeking approval to reduce required parking
spaces from 42 to 38 spaces.
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Department of Community Development - Staff Report 10-01-2014— Special Exception Use —187 Tequesta Drive
Section 78-364. Findin s Repuired for Approval
1. Compliance with ail elements of the Village Comprehensive Plan
The subject property is located on Mixed Use future land use district. Policy 1.1.2 of the Village
Comprehensive Plan states that The Village's Land Development Regulations shall conform to, and
implement, the use, density and intensity standards as outlined on Table FLU-1. The subject
application is a permitted Special Exception Use in the Mixed-Use district. A Restaurant use is in
compliance with this provision of the Comprehensive Plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case of
fire or catastrophe.
The subject application will be submitted for site plan review and it will be heard by the Planning
and Zoning Board. The Development Review Committee (DRC) will review safety , traffic flow and
control, and access in case of fire or catastrophe.
3. Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
The applicant is requesting a Variance from the Village's Code Section 78-705 (29) Required number
of parking spaces for a restaurant use. The applicant is seeking approval to reduce required parking
spaces from 42 to 38 spaces.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but necessarily be limited to noise, odor, smoke, glare, electrical
interference and/or mechanical vibrations.
The subject application is compatible with the character of the surrounding neighborhood, and it
will not be detrimental to adjacent and nearby properties and the village as a whole. The subject
property located on 187 Tequesta Drive was approved as a restaurant along with the Tequesta Oaks
Development in 1996. A number of restaurants have been located on the subject site previously.
5. Utilities, with reference to location, availability and compatibility.
The subject application will not have an impact on the utilities.
6. Screening and buffering, with reference, to type, dimensions and character.
The subject application will be submitted for site plan review and it will be heard by the Planning
and Zoning Board. The P&Z Board might request additional landscaping and screening.
7. General compatibility with adjacent properties and other property in the district.
The subject application is compatible with the character of the surrounding neighborhood, and it
will not be detrimental to adjacent and nearby properties and the village as a whole. The subject
property located on 187 Tequesta Drive was approved as a restaurant along with the Tequesta Oaks
Development in 1996. A number of restaurants have been located on the subject site previously.
8. Whether the change suggested is out of scale with the needs of the neighborhood or the village.
The subject application is compatible with the character and uses of the neighborhood and the
Village.
9. Any special requirements set out in the schedule of site regulations in 78-143 for the particular
use involved.
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Department of Community Development - Staff Report 10-01-2014— Special Exception Use —187 Tequesta Drive
The applicant is requesting a Variance from the Village's Code Section 78-705 (29J Required number
of parking spaces for a restaurant use. The applicant is seeking approval to reduce required parking
spaces from 42 to 38 spaces.
5. FINAL REMARKS
This special exception use application met the requirements set on Section 78-368 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 radios of the property for which a special exception is requested.
Per Code Section 78-367, a special exception shall commence with 12 months from approval date; and
only one extension shall be permitted by the Village Council up to six months.
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Department of Community Development - Staff Report 10-01-2014— Special Exception Use — 187 Tequesta Drive
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 public comments and make final
determination regarding the following requests:
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.
SEU 01-14
Application of Bogland Taverns, 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 available 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 based. The Village of Tequesta does not provide such a record.
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PUBLISH: September 29, 2014
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i ,.. a� DEPARTi�EENT.OF G{?MMUNITY D�V��..C�PMENT
345 Tequesta I)r.ive, Tequesta, �L 33469
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{ PRU.I�CT 11 I4e-�i�.��.. 1 �.
� �'he undea requests a Spe.cial Exception for ihe Use Specified betai�v. Shpu7d this appltcatiori be approved,
at is understood ttiat. it shalt canty autharize tl�af particular use described in this app}icatian and any ectndrtions or
safeguards required by the Village af Tequesta.
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PRC}JECT NAiVIE: � �� � f ��� -'� �:� �..�- 6� �i� u�'�;� ;� �- �'- �' �`�:�G�.� .
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PROJECT.ADI7R�S: ► � � ,C` � :�t L.� �� �
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APPLIGAi�IT �HALi, II�TCLiT�E THE FflLLC1W�IG W� '.�'HE .A�LI(:AT�tAI�i: ..
1. Current survey ar si� pian of prvperty showing struciures aad setbacks.
2. £hawings ta s�ate af pmposed improvements rec�uiring speCial ex�eption u�e.
3. Writt�s� approvaf fram groperty owner if rather �ar► appiicant. . '.
4. A31 documetitation req�sired by CodQ: Chapter 78 - Z�ning, Division 3� Special �xeeptit�n Us�:�
5. Fifteen {t5} capies of aiI submittals. .
G. C.,ist af all owners of prQperty withi�x a 344J-foot radius of the boundary ltnes of the pr.ci�effy �'or which a�
specia# exception is req«ested. The tist shaIi b� pro�ided by tii� applicant �rom t�e-.nost rece� ta�c rall
infarmation as provided by the county appraiser's offce. The ap�Izcar�t rnust furnish an affidavit �igned by th� .
person responsible i'ar #�rnvidin� the tis�. Stamped �nvelopes f4x each requi�'ecf.
T. Special Exceptian Ap�licatian Fee ($SOO.OU) PLUS �ppficatzan •Review Pee($34p.Qt1) -�'d?;2`:P�a $8QQ.t1a
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a*To e+over ail additianai administrative costs, aciva! or anticipafed ineiudin�, but not iimitec� to, engi�eering fees, cansuttant k
� fees arrd speclat studies, th2 �ppliCarli Shaii Compensate the Yiliage far aii su�h costs prioc to the processtng of the appiication �
� ar noF latgr than thirty �3�►) days after finat application appraval whichever is ete#ermir�ed as appropriate by the Vi(tage. �
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�` �Iicant�Signature Date '-
SPECIAL EXCEPTION APPLICATION
PROJECT NO:��,�,��
PROJECT NAME: 187 Tequesta Dr, Tequesta, FL 33469
PROJECT ADDRESS: 187 Tequesta Dr, Tequesta, FL 33469
Sec. 78-363. Criteria.
Special exception uses to which this division applies as set forth in section 78-362 shall
be permitted only upon authorization of the village council provided that such uses shall
� be found by the village council to comply with the following requirements:
(1) The proposed use is a permitted special exception use.
- The proposed restaurant use is a permitted use and the site is currently built out
as a restaurant and has been previously been operating as a restaurant.
(2) The use is so designed, located and proposed to be operated so that the public health,
safety, welfare and morals will be protected.
- The proposed restaurant use will protect and benefit the neighboring residences
and businesses and the village as a whole.
(3) The use will not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
- The proposed restaurant use will not have a negative effect on neighboring
properties, it will allow the site to operate again as it has been built out and will benefit
neighboring properties with a new user.
(4) The use will be compatible with adjoining development and the proposed character
of the district where it is to be located.
- The use will be compatible with all developments and the character of the
district. With an abundance of nearby residences and businesses the site is ideal for the
proposed restaurant use.
(5) Adequate landscaping and screening is provided as required in this chapter.
- There is adequate landscaping and screening on site.
(6) Adequate off-street parking and loading is provided and ingress and egress is so
designed as to cause minimuxn interference with traffic on abutting streets.
- There is adequate off-street parking and loading and ingress and egress on
Tequesta Oaks Dr is designed so that minimal interference will be caused with traf�c on
abutting streets.
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Attorneys 7 �
_�_ 0 Paralegals
Philip G. Thompson TI30Tri�SOIl ,,�., T'}�OITla5, FA Candiee M. Redman
Charles D. Thomas ,�,v� Sassy Rodriquez
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August 22, 2p14
Deparirnent Of Community Development
345 `Tequesta Drive
Tequesta, Florida 33469 .
1�E: 187 Tequesta drive
Cunent Owner Bogland Tavems
� To Whom it 1VIay Concern:
�
� My name is attorney Charles Thomas and I have the pleasure of representing Francis
� G'rillespie and his company Bogland Taverns as it relates to the property iocated at 187 Teques#a
Drive. The Bogland organization endured very difficult financial iiines several years ago and was
forced to close their business opera�ions as a restaurant at th.e above Iocation. The property was
� financed through a local community driven bank �nown as Anchor Cominercial Bank.
�
i The requirement to close the restaurant by Bogland left the property a# 187 Tequesta Drive
� vacant, attd the property has been mar�eted for sale tlarough the cooperation of Francis Gillespie
! and Anchor Cammercial Bank since March of 2011. The property since being mazketed has
i elicited incred�'ble interest and several contracts to purchase the property have been executed since
tlie property initially wenf on the marke#. A majority of the conb-acfiing parties �vished to operate
, the property as a restaurant, which was the intended use for the property fram the time the Village
j af Tequesta Community Deveiopment Department initially approved the Tequesta Oaks Mixed.
� Use Project located on Tequesta Drive in the Village. The contracts have atl been terminated and
; the property has remained vacant for almost four years.
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' As the Department is aware, The Village of Tequesta Special Village Council Meeting
; Minutes dated July 2,1996, reveal that the initial approval of the Village l�aks Developmen# was
i premised upon the inciusion of the restaurant that was to be located at 187 Tequesta Drive. The
I fulfillment of that desire was to be effectuated through the use of parking spaces available not only
i on the property, but also through the use of 30 parking spaces iocated on an adjacent property to
; the iestaurant whiah was always part of the original approval. The adjacent spaces are owned by an
i enti#y that extended an easement for the use of those spaces to the restaurant property, whom has
i recently terminated that easement.
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1801 {ndian Road, Suite 100 • West Palm Beach, FL 33409 • Phone:561.b51.4150 • Fax:561.651.4151 � lawyers@TNTlegal.com
Satellite Offices: Bonita Springs � Davie • Fort Lauderdale • Miami Lakes • Pembroke Pines • Stuart
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The highest and best use for the properry is that of a restaurant, the Village Council
respectfully recognized thaf as evidenced by #heir notes froin the meeting approving the project
initially. The inaliility to guarantee that use to a prospective bu.yers lias rendered the praperty
vacant, arid become responsible for fhe multitude of failed effoxts to sell the prapert.y to
prospective bu.siness owners. The property has remained vacant, is currently serving na use to the
community and caused great f nancial hardship to fi1�e parties involved. .
The Parties involved with this property have gone #hrough painstaking efforts to maintain
the praperty and market the propert.y effectively to prospective commercial enterprises, in an effort
for the property to once again become a functioning asset to the coznmunity in which it stands.
Unfortunately, that goal can not be `realized without the assistance of the Vii�age. A very weli
respectec� business owner in a neigtiboring community is ciurently urider contract to purcliase the
property, and return the property bacl� to its intended use as a restaurant. The variance curren#ly
beirig considered by th'rs committee is a quintessential elemerit to the success of 4his fransaction. It
is for that reason, we implore the comrriittee to consider the varia3nce iri relation to tFie realify of this
property remaining vacant and offering no benefit to the community and serving only as a
deiriment.
The Parties invoived in the cun ownsrship to include Anchor Commercial Bank, have
tentatively agreed to take a tremendous finanoial loss in order to allow this transaction to be
completed. The commitment is presenY from the current ows�er arid the prospective purchaser to
make this deal happen. Mr. Gillespie would request that �is Honorable Tribunal approve the
requested variance and return this property to its intended and beneficial use.
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�,,,._•.-� ~�Charles I.�. T3aomas on behalf of
�; F Francis Gil�spie
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August 8, 2014 �
� Town of Tequesta � • �
i 345 Tequesta Drive
' Tequesta, FL 33469
� Re: 187 Tequesta Drive
I
� To Whom It May Concern:
i
i. This is to confirm that the nndersigned has reta.ined the services of Gary J. Nagle, Esq. to
' repxesent Bogland Taverns, Inc. in regard to an application for a variance to be heard on
September 11, 2� 14 regarding the groperty located at 187 Tequesta Drive. �
Tha.ntc you for your cansideration in this matter.
Sincerely,
� � �� <.���-
� cis Crillespie
sident, Bogland �erns, Inc.
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Attorney at La.w
14255 U.S. Highway One, Suite 203
Juno Beach, FL 33408
Phone: (561) 626-0270 Fax: (561) 626-1244
a Email: Garv@na�lelawfl.com
August 8, 2014
Town of Tequesta
345 Tequesta Drive
Tequesta, FL 33469 �
Re: 187 Tequesta Drive
To Whom It May Concern,
This is to confirm that 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 add.itional information please do not hesitate to contact my office at
(S 61) 626-0270.
Thank you.
Sincerely,
. Gary J. Nagle
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€]epartm�nt Of Community D.�veloprrient
3�45 Tequesta Drive . .
Tequesta, FEvrida 3346�
7o uv�s�rr� it r�ay cc►n�cern:
f+�ly rsarne is Erancis �it�espie ane11 am t#ie current owner of Boglansf'far��rns whieh oir�ns the ��.�
property Ic�cat�ed at 187 Tequesta flrive. The pr+�perty has been. arid is �c�rrent�y und�r cantfact to be
sofd. I hereby autharize attt�r.ney Garjr Nagle and the purchaser Bacio, lnc:, to:apply for. and��ek a
var�ar�ce wit€� the ViEtagQ af Tequesta, tt� cornp€�te an�d submit ail neces�ry.dacurrten#s Fncit#ental.to.
that request a�d atCent3 a.ny and ala necessary h�arings which.�ay� he required for the rec�uested .
variance #o be cansidered artd rul�d upon by the V�Ilage r�f T��ia.esta. TFie authar'iza�ion si�all inct.uds any .
and alE req�estsfar a Spe�Raf E�cC�pficaii Use a�iprova#.
6'JI� currer�t I�gaf caunset is Charles D.,7hamas af #he !aw firm ofTfi�arnps�� �cTht�mas, P:A.,
shouid rny presence be� rec��ired f�r any hearing and�for mee���ng; �r: Thamas tias m�y authority:t�i act
cc�mpletely and f�ily o�r rr�y beha�f as it relates,to ttte.aftire�er►tioned actian as we{I.
. truly rs �
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D.epartment Of Community Devel�pment
345 Te;questa Drive
Tequesta, Fforida 33469
To whom it may concern:.
My na.me is Francis .Gillespie and i am the current owner of Bogland Taverns which owns the
pro.pertylocated at 187 Tequesta Dr.iye. The property has been and is eurrently unde,r contract,to be
sold. i hereby authqriie attorney Charte5 Thomas, ttie purchaser Bacio, Inc., and .George Gentil.e of
Gentile, Glass, Holloway, O'Mahoney & Associates to apply for and seek a variance with the Village of
Teqwesta, to compiete and.submit all necessary dcjeuments incidental to that request and attend any
and all neeessary hearings which may be required for the requested variance to be considered and ruled
upon by the Village of Tequesta. The authorization shall include any and all requests fio,r a Sp,ecial
Exception Use approval.
My current legal counsel is Charles D, Tho,mas of the law firm of Thompson .& Thomas P:A„
should my presence be required for:any hearing an.d/or meeting, Mr. Thomas has �.author+ty to act
cornpletely and fully on my behalf as it relates to the aforementioned action as well.
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V ry �uly y" , rs,
�reC , ttG(, �:.� �F� � �(t `�` �� - ____
Francis Gillespie
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