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Home My WebLink AboutOrders_Planning and Zoning_03/12/2015_VAR ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA CASE NO.: VAR -03 -14 IN RE: Domus Divino, Inc., Applicant/Owner PROPERTY LOCATION: 187 Tequesta Drive, Tequesta, FL 33469 LEGAL DESCRIPTION FILED: Village of Tequesta TEQUESTA OAKS TR B Date: PARCEL CONTROL NUMBER: Time: w' ky�y' 60- 43- 40- 30 -42- 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 GRANTING EXTENSION OF TIME FOR VARIANCE This cause came on to be heard upon the above request for an extension of time and the Village Council for the Village of Tequesta being duly advised, hereby finds as follows: 1. The Village Council approved the application for a variance in Case No. VAR -03 -14 on October 9, 2014. 2. Domus Divino, Inc., Applicant/Owner, purchased the subject property from Bogland Taverns, Inc., the former owner, subsequent to the approval of the variance. 3. According to Section 78 -68 of the Village of Tequesta Zoning Code, the variance was set to expire within six months from the date of grant, unless a building permit based upon and incorporating the variance was issued within the six -month period and construction had begun thereunder. 4. The applicant has made a written request for a six (6) month extension of time of the Order granting the variance application so that it will have time to obtain all necessary permits and commence construction. 5. According to Section 78 -68 of the Village of Tequesta Zoning Code, the Village Council has the right, power and authority to grant the extension being requested by the applicant. Page 1 6. In the judgment of the Village Council, the public convenience and welfare will best be served by approving the request for an extension. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The request for extension of time for Variance VAR- 03 -14, Domus Divino, Inc., Applicant/Owner, with references to the property described herein, located in the Village of Tequesta, Palm Beach County, Florida, to allow the applicant: A six (6) month extension of time for the variance granted in Case No. VAR -03- 14; said extension of time to commence on April 9, 2015, is HEREBY APPROVED in accordance with the Village Zoning Code. The original Order Granting Variance shall, in all other respects, remain in full force and effect. DONE AND ORDERED THIS 't DAY OF MARCH, 2015. r IGAIL B , MAYOR VILLAGE F TEQUESTA LORI MCWILLIAMS A ' VILLAGE CLERK j � = pR oAL :� AATED 1NC _ ,Un tIFl11Q Page 2 ORDER OF THE VII.LAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR VARIANCE CASE NO.: VAR-03-14 IN RE: Bacio, Inc., Applicant Boglaad Taverns, Inc., Owner PROPERTY LOCATION: 187 Tequesta Drive, Tequesta, FL 33469 LEGAL DESCRIPTION: TEQUESTA OAKS TR B PARCEL CONTROL NUMBER: 60-43-4Q-30-42-002-0000 VARIANCE REQUESTED: Variance from Sec.7&705(29) to allow 38 off-street parking s�ces where the code requires 42 spaces for a 4,242 sq. ft. resta�t use. ORDER APPROVING APPLICATION This cause came on to be heard upon the above applic�tion and the T�uesta V�lage Council having considered the evidence presenY� by the applic,ant and other interested persons at a h�ring cailed and properly notice�, and the Tequesta. Village Council, being otherwise duly advised, THEREUPOAT, THE TEQUESTA VILLAGE COUNCII. FINDS AS FOLLOWS: 1. The subject property is located. in the MU Mixed Use Zoning District in the Village of Teque.sta. 2. The applicant bas submitted all documents required by the V'illage's Code of Ordinanc.es for variance review. 3. The application and all supporting documentation and presenta�ion materiats as reviewed by the Village Council at its October 9, 2014 meeting, and. as kept on file by the Village, aze made a pazt hereof and are hereby iacoiporated by reference. 4. Acc�rding to Section 78-b1, vaziance approvai by the Village Couacil is required. 5. The applicants have applied for a variance from S�. 78-705(29) to allow 38 off- , street pazkin.g spaces wher� the code requires 42 spaces for a 4,242 sq. ft. restaurant Page 1 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, ORDF,RED AND ADJUDGED BY T'HE 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 month.s from the date of grant, unless a build�ng permit based upon and incarporating the variance is issued within the six-month period and construction has begun thereunder. DONE AND ORDE[ZED THIS � DAY OF OCTOBER, 2014. \ OR BI AIL RENNA , VILLA OF TEQUESTA FLi. �� c�r��— LORI McWILLIAMS, MMC VILLAGE CLERK FILED: Villa e of Tequesta Page 2 DBte: _..L.v � Time: ��„�, 2/12/2015 Village of Tequesta. 345 Tequesta Drive Tequesta, FL 33469 � Re: VAR-03-14 [187 Tequesta Dr, Tequesta, FL 33469] Dear Council Members: Please accept this letter as our r�uest for a six month extension for variance number VAR-03-14. We look forwa.rd to opening the restaurant as soon as possible. Sincerely, }� _ '' - '�� _� . ,- " �� Luigi Indovino Preside�rt Domus Divino, Inc. 11585 US Hwy 1 suite 312 , North Palm Beach, FL 33408 BUSINESS pllRppSE AFFIDAVIT STATE OF FLORID,e, COUNTy pF p,�I,� gEACH .=� Before me, a Nota,ry � Public duly authorized to admini.ster oaths and take acknowledgments in tlie Coun �d State aforesa.id, personally came and a eared L INDOVINp, (°��t"), who being by me first duly sworn, deposes and states: pp �GI 1 � �iant is the President of DOMiTS DIVINp� I�C., a Florida corporation who is the °wner ("Owner") of the property (the ��property") described as follows: SEE EXHIBIT "A" A'TTACHED HERETO AND BY REFERENGE MADE A PART HEREOF. 2• Owner is this day executing a mortgage on the Pro e �to An Flonda bankia co P rtY chor Commercial Bank, a g rporation (the °Ban.k") in the current principal amount of $400,000.00. 3• The entire proceeds of the loan are to be used for business purposes and not for ersonal use, p ., 4 • Tbis Affidavi.t is given with the knowledge that the Bank intends to rely u on same in making the subject loa� .and did not require execution of a Regulafiion Z Disclosure Sta.tement or the execution of a Right of Rescission Notice as would be required under Federa] law if the loan proceeds were to be used for personal p oses. �P �c� 4�--ti. �.-� GI O�1N0 STATE OF FLORIDA COUNTY pF pALM BEACH The foregoing instrument was acknowledged before me thi day of December, 2014a by LUIGI INDOVINp, as President of DOMUS DIVINO, INC., a Florida co oration vvho � is personally known to me or who produced a drivers license as identification. � � Notary Public: Name: Commission Expires: 1 C EXHIBIT °°A" �� -: Tract "B", Tequesta Oaks,�according to the map or plat thereof as recorded in Plat Book 79, Pa.ge 93, Public Records of Palm Beach County, Florida. 60-43-40-30-42-002-0000 t (187 Tequesta Drive, Tequesta, FL 33469) � 3/5/2015 Village of Tequesta 345 Tequesta Drive Tequesta,FL 33469 • Re: VAR-03-14[187 Tequesta Dr,Tequesta,FL 33469] Dea.r Council Members: Please accept this letter as our request for a six month extension for variance number VAR-03-14. We have hired George Gentile of Gentile&Ass�iates to assist us with the permitting process,site plan review,building permit and plan to o�n the restaurant on October 1 st,2015. Sincerely, ` �"� e / �� ` C'� Luigi Indovino President Domus Divino,Inc. 11585 US Hwy 1 North Palm B�ch,FL 33408