HomeMy WebLinkAboutOrders_Variances_10/09/2014_03-14 ORDER OF THE VILLAGE COUNCIL
VILLAGE OF TEQUESTA
REQUEST FOR VARIANCE
CASE NO.: VAR -03 -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:
6043 -40- 3042- 002 -0000
VARIANCE REQUESTED:
Variance from Sec.78- 705(29) to allow 38 off-street parking spaces where the code
requires 42 spaces for a 4,242 sq. ft. restaurant use.
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 variance review.
3. The application and all 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 -61, variance approval by the Village Council is required.
5. The applicants have applied for a variance from Sec. 78- 705(29) to allow 38 off-
street parking spaces where the code requires 42 spaces for a 4,242 sq. ft. restaurant
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use. The applicant will physically partition off 2,060 sq. ft. in the existing building
as unusable space in order to reduce the restaurant use square footage of the existing
building to 4,242 sq. ft.
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 -03 -14 with reference to the above described
property within the Village of Tequesta, Palm Beach County, Florida, to allow 38 off - street parking
spaces where the code requires 42 spaces for a 4,242 sq. ft. restaurant use, 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 following special conditions shall apply to the
granting of this variance:
1. The applicant shall partition off 2,060 sq. ft. of the existing building as unusable
space.
2. The unusable space may not be used for any purpose whatsoever.
3. The partition and the unusable part of the building shall comply with all applicable
provisions of the Florida Building Code.
4. The Village shall have the right to inspect the property from time to time, in the
Village's discretion, to ensure compliance with this requirement.
* 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 DONE AND ORDERED THIS ' / 7 DAY OF OC OBER, 2014.
O BI AIL lTRItNNAr
VILLA OF TEQUESTA
a� a� NO det4k_� LORI McWILLIAMS, MMC
VILLAGE CLERK
FILED: Villa a of Tequesta
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