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HomeMy WebLinkAboutBOA Agenda Pkt. 4-1-2010BOARD OF ADJUSTMENT MEETING AGENDA 201 POLK AVENUE APRIL 1, 2010 7:00 P.M. CALL TO ORDER: ROLL CALL: IVEVV BUSIIVESS: 1. Motion Re: Approval of Meeting Minutes — December 7, 2009. 2. Interview and Recommendation to City Council Re: Prospective Board Member — Arvo Eilau. 3. Motion Re: Special Exception Request No. 09-04, to Serve Alcoholic Beverages in the C-1 Zoning District, (6615 N. Atlantic Avenue, Unit C) — Section 23, Township 24 South, Range 37 East, Parcel 511.0 — Brigitte Krause, Petitioner for Supra Color Enterprises, Inc., Property Owner. 4. Election of Chairperson and Vice Chairperson. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim rernrd of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221 (48) hours in advance of the meeting. This meeting may include the attendance of one or more members of the Cape Canaveral City Council and/or Quasi-;udicial Board members who may or may not participate in Board discussions held at this public meeting. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 tvvnv.c:ryofcapecanaveral.org • er aii: ccapecanaverai� cii.rr.com Date: March 26, 2010 To: Board of Adjustment members From: Barry 'Drown, Planning and Development Director RE: April 1, 2010 Board of Adjustment Meeting The first item on the agenda is an interview with Arvo Eilau to serve as second alternate on the Board of Adjustment. See his application. The second item on the agenda is a request for a special exception to serve alcohol for Izzy's Bistro. Izzy's currently has a special exception to serve beer and wine only; in order to serve liquor they need another special exception. See staff report. The full size site plan included in the packet does not depict the existing parking layout; see the small site plan for a more accurate depiction of parking. You will also need to elect a chair and vice -chair for this year. Also, I am providing a "follow-up" to the December meeting and the request for variances to accommodate a screen enclosure, privacy fence, and pool accessories at 201 Tyler Avenue. A question was raised as to whether the privacy fence along the rear property line met our code for setbacks as it existed. The answer is yes, as there is no rear setback for a fence. Don't forget that we will be meeting in the Library meeting room rather than the City Annex. Don't hesitate to call me if you have questions, 868-1222 x11. City of Cape Canaveral Board of Adjustment Meeting Minutes December 7, 2009 i A Meeting of the City of Cape Canaveral Board of Adjustment was held on December 7, 2009 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Assistant City Attorney, Kate Latorre, called the meeting to Order at 7:00 P.M., Shortly thereafter, Chairperson Bond entered the meeting. The Secretary called the Roll. MEMBERS PRESENT: John Bond Chairperson Paula Collins Vice Chairperson Dennis Jenkins George Sweetman Douglas Raymond 1St Alternate da Brown Susan Chapman Secretary Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem Biprry Brown Planning & Development Director i All persons giving testimony were sworn in by Assistant City Attorney, Kate Latorre. NEW BUSINES i i. Motion Re: Approval of Meeting.Minutes—Au iist3i 2009. Motion by Dennis Jenkins, seconded by John Bond, that the meeting minutes of August 31,. 2009, be approved as written. The motion passed unanimously by a voice vote. 2. Motion Re: Variance Request No. 09-02 to Allow a Screen Enclosure Side Setback of 10 ft.; a Screen Enclosure Rear Setback of 4 ft.; a Side Yard Setback of 9 ft. for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories — Section 23, Township 24 South, Range 37 East, Block 42, Lot 1.01, Avon by the Sea Subdivision (201 Tyler Avenue) — David _D.IJones, MD and Heather Parker -Jones, PhD. Petitioners. Board of Adjustment Meeting Minute December 7, 2010 Page 2 11 John Bond, Chairperson, read the agenda item for the record. Barry Brown, Planning & Development Director, gave his staff report. He advised that this was a request for variances as read by Chairperson Bond. The surrounding zoning to the north, east, and south were R-2 residential, and to the west C-1 commercial; surrounding uses to the north, east, and south were residential and to the west LaVilla Apartments. Mr. Brown advised that the Joneses purchased the townhome in June of 2008, for weekend use. The townhome was constructed in 1983, and the pool was constructed in 1986, without a screen enclosure. Members of their family are highly allergic to mosquito bites. In addition, Cabbage Palms and a Banyan tree, located adjacent to the pool, drop leaves, berries, and blooms into the pool creating a maintenance issue. Therefore, the Joneses decided to have a screen enclosure constructed over the pool. Earlier this year, they retained Coastal Craftsman to construct the screen enclosure. Unfortunately, the contractor failed to obtain the required permit, resulting in the screen enclosure being constructed illegally. The screen enclosure was also not properly engineered, and did not meet the city code for side and rear setbacks. The Joneses did not realize that the enclosure was not properly permitted and that it did not meet the city code. 'When it was brought to their attention, they wanted to file for the proper permits and follow the provisions of the city code. In evaluating their application for the screen enclosure, staff discovered that there were several nonconformities with the recently constructed screen enclosure, as well as an existing privacy fence, shed, and pool pump. The Board members viewed current photos and site plan of the property. Mr. Brown depicted areas where the variances were being sought. Mr. Brown expl: nnr inr"ira and � Ml rent erode. L lip of the pool, e allow reasonabl screen enclosur rather than 5 ft the pool deck; t for the 6 ft. hig variance for the finally, they wer lined that the current city code called for a 15 ft. side yard setback for the pool, .:feSs.^,rles The pool - a i it. from L11 side yard property Ilse and met `tile ovvd°ever, Without a variance the screen enclosure would have to be built on the nd one would not be able to walk around the perimeter of the pool. In order to use of the pool, the applicants were requesting a side setback of 10 ft. for the rather than 15 ft.; the applicants were also requesting a rear setback of 4 ft. in order to keep the screen enclosure as currently installed along the rear of ie applicants were requesting a fence setback of 9 ft, rather than 25 ft. to allow i wood stockade privacy fence. In addition, the applicants were requesting a pool equipment (accessories), a setback of 4 ft. 8 in. rather than 15 ft.; and requesting a rear setback variance for the shed of 4 ft. rather than 5 ft. Discussion was '',held regarding a six foot high wooden privacy fence that ran along the rear nrAnprt%, li-n —f thn {,,.;1,4;-a that ha 1+..en :... <i-.11,. .J L... a. L. .. _..: _:�_1 J_. ._1_._ _._ Mr. Brown V.� Vr VLY eee�E W1 L11E lJLd11UH[r, L11G1L 11pU LICCI! 1113LCIIRCU Uy Llle U11rlild1 developer. IVIr. CSrOWfV advised that he would research the code and get back to the Board on whether or not the fence complied with city code. Board of Adjustrnent Meeting Minutels December 7, 2009 Page 3 Mr. Brown gave!staffs analysis and variance evaluation criteria, as per city code Section 110-37. He advised that, special conditions and circumstances existed which were peculiar to the land, structure, or building involved which were not applicable to other lands, buildings or structures in the same zoning district. He advised that the pool was 15 ft. from the property line, and without a variance it was not possible to construct an enclosure that would allow a person to walk around the pool. There was nothing peculiar about the pool and deck that would preclude the applicants from meeting the rear setback. A side yard setback of 25 ft. for a 6 ft. high fence was onerous. He explained that a corner lot could not have a privacy fence that any other lot could have withput giving up 25 ft. of the side yard. He advised that a permit was pulled for a shed in 1986, but staff was unable to determine if the permit was pulled for the existing shed. Regardless, the shed was not placed in the location shown on the permit or in the location that the current city code allowed. He advised that there were no conditions peculiar to the property that w'iould support the need for a rear setback variance, given the size and shape of the yard and the location of the pool; and there was no other place to locate the pool accessories to meet city code requirements. Mr. Brown gave' his interpretation of Section 1113-37. He advised that the applicant would be deprived of rights commonly enjoyed by other properties in the same zoning district, under the terms of the applicable chapter and would be an undue hardship on the applicants. He advised that the property owners would be deprived of having a screen enclosure over a pool that allowed reasonable use of the pool; they would be deprived of having a privacy fence that others in the same zoning district enjoy; there was no other location for accessories to meet the city code; however, the owners would not be deprived of the right to have an accessory structure (shed);that others would have. "v r. Brown ad; special privilege the same zonii enclosure, privi special privileg, verified that th the reasonable approval of the code, and woul welfare. �+ ++-- ise,. �a< <he variances requested would not confer, on the applicants, any I(s) that were denied by the city code to other lands, building or structures in i!g district. He advised that it was not a special privilege to have a screen Icy fence, and pool accessories in the R-2 residential zoning district, but it was a to have an accessory structure (shed) that did not meet the city code. He requested variances were the minimum variances necessary to make possible use of the pool, enclosure, fence, shed, and accessories. He advised that the variances would be in harmony with the general intent and purpose of the city not be injurious to the neighborhood or otherwise detrimental to the public Board of Adjustment Meeting Minute's December 7, 2009 Page 4 Mr. Brown adv sed that the variances requested would not confer, on the applicants, any special privilege(s) that were denied by the city code to other lands, building or structures in the same zoning district. He advised that it was not a special privilege to have a screen enclosure, privacy fence, and pool accessories in the R-2 residential zoning district, but it was a special privilege to have an accessory structure (shed) that did not meet the city code. He verified that the requested variances were the minimum variances necessary to make possible the reasonable use of the pool, enclosure, fence, shed, and accessories. He advised that the approval of the 'variances would be in harmony with the general intent and purpose of the city code, and would not be injurious to the neighborhood or otherwise detrimental to the public welfare. Mr. Brown gavel' city staff's recommendation. He advised that staff did not support variances necessary to allow for the screen enclosure as constructed, but it was clear that without a screen enclosurje adequate mosquito control was not possible and maintenance of the pool would be burdensome. Staff supported necessary variances to reasonably accommodate a screen enclosure, privacy fence, and pool accessories. He clarified that staff supported a side yard of 10 ft. fol- the screen enclosure and 9 ft. for the fence, as it would allow for reasonable use of the pool while minimizing the encroachment and variances requested. He advised that staff also supported a pool accessory variance, as the applicant inherited the pool pump where it was, and it was not causing a problem, and there was no other place to locate the pump to meet the city code. However, staff did not support variances from the rear setback for the pool enclosure or shed. He explained that the pool enclosure could easily be relocated to meet the city code, and the shed was in a state of disrepair and deteriorating and not suitable as a host structure for support of the pool enclosure and shed. Mr. /Ir Rrn%ein ov 9i110 +L� + L..•. L.1 'L. L. .. L . _ meet • ..,,,,,�1 explained L11at she pool eihchv��.ire %oi.ihu easily be relocated LU �Tleet file city Code, and the shed was in a state of disrepair and deteriorating, and not suitable as a host structure for support of the pool enclosure. Staff also recommended that the shed be demolished and replaced with a new shed that would meet the city code. Mr. Brown advised that the Planning & Zoning Board recommended approval of the side setback variance for the pool enclosure, the setback for the fence, and the setback for the pool accessories (pump), and recommended denial of the rear setback for the screen enclosure and the shed, which ,was the same recommendation given by city staff. Discussion followed. Board of Adjustment Meeting Minutes December 7, 2009 Page 5 Dr. Heather Parlker-Jones, Petitioner, testified that when they purchased the townhouse the pool was already there, so they decided to make the pool area safe for her children and husband who a e all severely allergic to mosquitoes, and installed the screen enclosure. The hired contractor made it clear that it would take them a certain amount of time to construct the enclosure, because they had to apply for a permit, which they never did. She advised that they did not finch out about the permit until they were in the process of building the enclosure. She further testified that the screen enclosure was only partially finished; the maintenance around the pool area was even worse now, because the panels were failing into the pool, bringing along debris from the trees. She advised that if the variance for the enclosure was approved, they would speak to Coastal Craftsmen and have them work with the city to draw up the plans that met the code and obtain the required permit. Discussion followed. Dennis Jenkins asked if there would be any administrative action taken by the building department against the contIractor. Dr. Jones answered that the contractor was given a citation and fined $500 for starting the work without a permit. Chairperson Bond suggested that another condition be added, if the variance is approved for the pool pump, that it be screened from view. Discussion continued. Motion by Dennis Jenkins, seconded by John Bond, to grant the Variance Request No. 09-02, per staff recommendations, with the addition that the rear setback be modified to accommodate the screen enclosure; and whatever slight modifications need to be made to address the rear fence setback consistent with City code. Vote on the motion carried unanimously. 3. Consensus Re: i'Tilli; Barry Brown, Planning & Development Director, advised that the Board needed to choose a rl;f ore n+ night +r` III L the the IJ u„fc.c,t night meet, because after the first of the year, there would be no more meetings held on. Monday evenings. He advised that the Board packets contained a sample monthly calendar. He explained that all city meetings would be held in the public library, sometime after the first of the year, and the current meeting room would be used by the Sheriff's department. Following discussion, by unanimous consensus, the Board chose to meet on a Thursday evening. DISCUSSION: Barry Brown, Planning Director, advised that the visioning workshops concluded, and the East Central Florida Regional Planning Council completed a draft of the Final Visioning Report. He explained that the City Council wanted each of the advisory boards to have an opportunity to review the renn'rt and +hon Conn" ani, +h.,...a.+ +6..... —:.:L.+ L.<... _ 1:_ _ �L_ _ ___ _ � I-- _I. � _ .. ,�, a.,�v G��c�� �wsevcy ally uIUUrIILa LIMY 1111r,TI1 ISCIVC 1Crdldlllr, Lilt ItPUIL UdCK LU them. Discussion followed. Board of Adjustment Meeting Minute's December 7, 2009 Page 6 Dennis Jenkins c He advised that final report, ani limit on the bea to go out past t constructed by know the an ommented that staff and everyone involved had done an excellent job thus far. he had a few minor criticisms, but they did not have anything to do with the he would meet with Mr. Brown privately. He commented that the city's east -h appeared to run along the dune line, except in three places where it seemed he low tide line. He questioned why and noted that all three properties were 3enko Construction for Towne Realty. Barry Brown responded that he did not r, but would check on that and get back to him. John Bond commented that he hoped the Ridgewood Avenue improvements would be a catalyst to jumpstart the action plan. Dennis Jenkins asked if there were any plans to recruit water front restaurants. Barry Brown explained that the city currently did not have zoning that allowed water front restaurants, and some rezoning may have to take place to accommodate those types of establishments. Dennis Jenkins asked if the city could be proactive, before an investor wants to come in and build one.. Barry Brown answered "yes", and explained the process on how the city will accomplish that through an action plan that will be created by city staff to implement the action items identified in the final visioning report. The action plan would be presented to the City Council at a. workshop after the 1St of next year, and then the process would begin. He pointed out that one of the first things to accomplish would be to establish mixed-use zoning, and gave examples of same. He noted that other uses would be established that the city does not currently_ allow, such as farmers markets. Barry Brown 2 progress, as w because the cii or e-mail him dovvntown. There being no Approved on vised that the city website would be updated informing of the continuous II as e-mails to everyone on the list, which included all the Board members, wants citizens to stay engaged in the process. He asked that the members call Mth suggestions or thoughts. Discussion was field regarding creating a rther business the meeting was adjourned at 8:20 p.m. Susan L. Chapman, Secretary day of John Bond, Chairperson 2010. 0 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored_ Please complete the following in the space provided: A. GENERAL -` --------------------------------t• 2. Home Address: Jy air" `i� j� v l✓ ~✓ `- �- 4. Home Telephone: 4. Occupation: s- �c, >i �a e,a ,r r'Y�,1�+�IC�Z ti•v yl- Fi d Ai C -k- w. Business Telsphona. Z--1 - '?� L"1 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a_ Have you ever been convicted orfound guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (y) --Z (N)— (Y)-" N)(Y)" {N)_ 0 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent,, b. to a standard criminal background check before being Board of Adjustment* appointed to a board or committee. do you voluntarily init! s consent to leaving a standard background check e. performed on you by the City of Cape Canaveral? (Y} (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C, INTEREST-S/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: — � 4i° �}t'i3 �i � � j V 1 �- � i� �'"p1 r E a. �t r.,r 4'L c J✓+- 1 2_ Briefly state any prior xperiences in serving on any governmental board or committee: V 0.`u�=5E4 ('0 c.� c;"i; t ° 0 a,^,u 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve. a. Beautification Board b. f Board of Adjustment* e. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. t/ Construction Board of Adjustment and Appeals* g. V Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: Wer nbens, of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointinivnt to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American i Male Asian -American Female Hispanic -American Not Known Native American —� Caucasian DISABILITY Not Known Physilmlly, disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: s Initial appointment to an Cit' bard n•s. ', l f1vollowi t �I�l� ji 1 v i$ a`.i _ j�� �:� ..,r9�,+j C�rtitis,ie approval �veourrli� a 1'i�icl interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • if you should have any questions regarding the completion sof this application, please contact the City P(erk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polls Avenue Cape Canaveral, Florida x2920 City of Cape Canaveral, Florida Board of Adjustment April 1, 2010 STAFF REPORT Request: For a Special Exception to allow for the on premise consumption of alcoholic beverages per Sec 110-171(a). The property currently has a special exception that allows for the sale of beer and wine only. The applicant would like to be able serve liquor as well and change the alcoholic beverage license from 2COP to 4COP. Applicant: Brigitte Krause, owner of Izzy's Bistro Owner of property: Supra Color Enterprises, Kurt Tezel, President Subject property: 6615 N. Atlantic Ave. Suite C, Cape Canaveral, FL. Future Land Use and Zoning designation: C-1, Commercial Surrounding zoning: North — C-1, Commercial East — County Commercial South — C-1, Commercial West — C-1, Commercial Surrounding uses: North — vacant property East — Commercial - Pyro City; Beach Plaza inc. Rubio's and Pioneer Printing South — vacant property West — Cape Shores condominiums HistoEy and Description Izzy's Bistro has been in operation since November 21, 2005. The property currently has a special exception to serve heer anti wine only �nihirh nQ fire+ nrnr,t,=A t0 Mona's J, Vl 1�.ivU L Deli_ BrinittP_ Krause, owner of 1773/'s wants to hp ahlo to serve Iinl lnr as well s beer 3- 1 v Cv v i �_W1 .3 YY 1 and wine. The first step to accomplish this was to revise our code for the minimum number of seats required for a restaurant to be exempt from the distance requirement per Sec. 110-171(2). Izzy's is within 2000 ft. of another establishment serving alcohol. Our code called for a minimum of 200 seats for a restaurant to be exempt from the requirement of a 2000 ft. separation from another establishment selling alcohol. Izzy's requested that we revise our code to require that a restaurant have only 150 seats to be exempted from the distance requirement. City Council adopted the ordinance revision on August 4, 2009. Prior to the Council meeting, staff met with representatives of Izzy's Bistro regarding the proposed code amendment. In preparation for that meeting, Todd Morley prepared the attached memo dated June 22, 2009. This memo identifies the issues to be addressed once the code was revised, specifically parking and sewer impact fees. On September 1, 2009, 1 met with Kurt Tezel, owner of the property, to discuss the parking situation (see attached parking calculations). He was provided parking calculations and apprised that if the special exception was granted that 79 spaces would be required for the building while only 44 were provided on-site. And that if parking cannot be provided on-site, our code allows for parking to be provided off-site within � 500 ft. of the establishment. A parking agreement signed by the grantor of the use of the off-site parking spaces is required. Staff is not aware of any other option, short of a variance, to provide relief from required parking. Our code requires that a Special Exception (SE) be granted by the Board of Adjustment for a restaurant to serve alcohol. Izzy's current SE allows for beer and wine only. On November 4, 2009 staff met with Brigitte Krause and Gary Kirkland in a SE pre -app meeting where requirements of the code and the SE worksheet were discussed as well as parking. Our code allows for parking to be provided off-site if it is within 500 ft. The SE will be conditioned on maintaining agreements for off-site parking with surrounding property owners. Agreements have been received from VK Real Estate (16 spaces) and Pyro City Fireworks (21 spaces) for a total of 37 spaces which exceeds the 35 required by code. Impact fees addressed in Todd's memo of June 22, 2009 are required for the addition of seats 76-150. Also, at some point the question was raised as to whether all impact fees had been paid for the existing 75 seats. To this point, staff research confirms that impact fees for 25 seats were paid, but does not show that impact fees for the expansion from 25 seats to 75 seats were paid. Staff has discussed the possibility of an impact fee payment plan with the applicant. The applicant will need to make a request to the City Council for consideration of paying impact fees on an installment payment plan. Special Exception Worksheet and Staff Analysis All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: Land Use and Zonin Is the requested SE consistent with the intent of the Comprehensive Plan? 'Yes, C-1 Commercial land use classification allows for restaurant uses. Is the requested SE consistent with the intent of the zoning district in which it is sought? Yes; restaurants are principal uses in C- 1 Commercial Zoning. Will the SE meet all the requirements of the zoning district in which the request is to be located, such as: lot requirements, building setbacks, lot coverage, height, buffers, off- street parking, signs, storage, landscaping, etc.? With the exception of off-street parking, aN requirements of the zoning district are met. Special Conditions for establishments serving alcoholic beverages Is the establishment within 300 feet of any existing church, school ground, or playground? No. Is the establishment within 300 ft. of the mean high water line of the Atlantic Ocean or of the Banana River? No. Impact to surrounding properties Is the proposed special exception compatible and harmonious with properties and uses in the surrounding area? Explain why. 'res. The restaurant is an established use, currently serving beer and wine, and is compatible with the surrounding area. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? Yes, as it is currently. Wiii the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? No. Will the proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, stormwater runoff, or other offsite impacts that would not have been created had the property been developed as a principle use? No, this request does not change the nature of the current operation. Will there be adequate screening, buffers, landscaping, open space, off-street parking, other similar site improvements to mitigate any adverse impacts of the SE? There is adequate screening and buffering. Off-street parking will need to be addressed per code, but actual impact of additional seating can be handled on site as long as hours of operation of other uses in the building remain daytime hours. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? Yes. Are signs and exterior lighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? Yes. What are the hours of operation and how will they impact surrounding properties? 4pm to 10pm Monday through Saturday. No additional impact, Traffic and Parkin Are there adequate off-street parking and loading areas? Per our code the site is 35 parking spaces short (see parking calculations in packet). In practice, as long as other users in the building continue to operate during the daytime, there should be adequate aarkina on site. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? Yes. What type and how much traffic will the SE generate? Same type of traffic. There will be more traffic, but this has not been quantified. Are there adequate loading and unloading areas? Yes. Public Services Are there adequate utilities available? Location and capacity. Yes. Will the proposed special exception create any unusual demand for police, fire, or emergency services? No. Will the proposed Special Exception have an adverse impact on public services, including water, sewer, surface water management, parks and recreation, streets, public transpor"ta"tion, marina and waterways, and bicycle and pedestrian facilities? No. Is there adequate refuse facility for the use and is the dumpster properly located and screened? Yes. Miscellaneous Impacts Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable vegetation, and flood hazards? No. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. No. Will the proposed SE have an adverse impact on the local economy, including governmental fiscal impact, employment and property values? No. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality. No. Staff Recommendation to the Planning and Zoning Board Staff recommends approval of the requested special exception with the conditions that parking is provided per code and that sewer impact fees are paid. El Planning and Zoning Board Recommendation: P&Z Board heard the request on January 13, 2010 and recommended approval of the Special Exception to the Board of Adjustment with the following conditions: 1. Parking agreements are in place to provide parking in accordance with City codes. 2. A dimensioned drawing showing the main assembly area of the restaurant, as well as any exterior seating, with the proposed number of tables and chairs. Staff. Recommendation to the Board of Adjustment: Subsequent to the P&Z meeting, a seating plan and parking agreements were submitted to staff. The Building Official and Fire Department have approved the seating plan and occupant load. The parking agreements meet our code for the number of spaces and proximity to Izzy's Bistro. Staff recommends approval of the requested Special Exception with the condition that impact fees are paid prior to installation of additional seats. 5 RADIUS MAP Birdgett Krause krause500 41 52 27 1 40 TT 34 i� 1 9 23 46 5 1 12 r° 26 60 18 4 50 53 48 33 49 3 57— . 68 10 37 13 TAFT AV MAP SCALE'S: 1:6,000 OR 1 inch equals 500 feet BUFFER DISTANCE: 500 feet This map was compiled from recorded documents and does not reflect an actual survey. The Brevard County Board of Commissioners does "Sag, not assume responsibility for errors or omissions contained hereon. _ ,� Produced by Brevard County Planning & Zoning Office- GIS 11/12/2009 LU LU Legend - . � Notification buffer Pa.,cel/lot boundaries l Nnfifierl PrnnPrtiew i 9 Subject Properties 500 ft. radius measuremen) from Izzy's Bistro ZONING § 110-171 Sec. 110-122. Hotels and motels. the state Department of Business and Brofes- A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is tissued. (Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20- 98) Secs. 110-123-110-135. Reserved. DIVISION 4. RESERVED* Secs. 110-136-110-160. Reserved. ARTICLE 1114 SPECT A IIS EXCEPTIONS DIVISION 1. GENERALLY Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconform- ing. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162-110-170. Reserved. DIVISION 2. ALCOiiOLIC BEVERAGES# Sec. 110-771- Establishments serving alco- holic beverages. (a) Establishments which shall require a spe- cial exception under this chapter by the board of adjustment are those, whether or not licensed by *Editor's note—Ord. No. 11-2005, § 2, adopted June 21, 2005, deleted div. 4, which pertained to amendments and rezonings and derived from Code 1981, ch. 647; §§ 647.03, 647.05, 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1, adopted Novi 18, 1997; Ord. No. 6-99, § 1, adopted June 15, 1999; Ord. No. 09-2002, § 1, adopted May 21, 2002; and Ord. No. 18-2002, § 2C, adopted Dec. 17, 2002. tCross reference --Alcoholic beverages, ch. 6. sional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consis- tent with all the conditions as set forth in this section and also the following: (1) The establishment shall not be permitted to locate: (A) Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consump- tion of alcoholic beverages. The dis- tance shall be measured as the short- est linear distance between the property line of the establishment which provides or proposes to pro- vide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. Supp. No. 18 CD110:25 (B) Within 300 feet inland of the mean high-water line of the Atlantic Ocean or of the Banana River. The distance shall be measured as the shortest linear distance between the property line of the establishment which pro- vides or proposes to provide for the sale and consumption of alcoholic beverages and the mean high-water line of the Atlantic Ocean or of the Banana River. (2) The establishment, if licensed by the state division of alcoholic beverages and to- bacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establish- ment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and con- sumption of alcoholic beverages and the § 110-171 CAPE CANAVERAL, CODE property line of any establishment which meal shall be provided by the currently provides for the sale and con- licensee and attached to the sumption of alcoholic beverages. Further, container. If transported in a the establishment shall be in compliance motor vehicle, the container with with the Florida beverage laws (F.S. chs. the resealed bottle of wine must 561 through 568). Provided, however, ex- be placed in a locked glove com- ceptions to this subsection are: partment, a locked trunk, or a. Restaurants seating 150 or more per- the area behind the last up - sons. right seat of a motor vehicle that is not equipped with a b. Hotels and motels which are ap- trunk. proved in accordance with City Code. 3. A restaurant licensed under this c. Restaurants licensed by the state exception shall not derive less division of alcoholic beverages and than 51 percent of its gross tobacco for malt beverages only or income from the sale of nonal- malt beverages and wine only, pro- coholic beverages and food pre- vided the following are complied with: pared, sold and', consumed on 1. The establishment shall have the premises. The obligation to the capacity for and have in sell 51 percent food and nonal- existence at least 25 seats for coholic beverages is a continu- the serving of meals. No area ing obligation. It is a violation within the establishment may of this zoning code to sell wine be specifically designed for a and malt beverages granted un - bar or lounge operation. der this exception unless the restaurant has derived at least 2. Consumption of food and malt 51 percent of its gross income beverages shall be on premises from the sale of food and non - only; however, food carryout alcoholic beverages. Such per - without the malt beverages may centage shall be determined by be permitted. Further, in accor- calculating the average monthly dance with Florida law, one un- gross revenue from the sale of sealed bottle of wine may be food and nonalcoholic bever- removed for consumption off pre- ages for the immediately previ- mises if purchased and par- ous 12 -month period. In ac- tially co—n—s mera it -1l a _ ✓ Full tiiii VV C t ledg-nient of tills cont course meal obli�atadovii a �situ as A, 1,V11u161V11 or vegetable, entree, a bever- precedent to the issuance of a age, and bread. A partially con- special exception, the owner of sumed bottle of wine to be re- the restaurant shall execute and moved from the premises must deliver to the city an affidavit be securely resealed by the lic- and agreement, upon forms ap- ensee or its employees before proved and provided ided by the city, removal from the_. premises and :which will attest + and. covenant shall be placed in a bag or other to the owner's compliance with container that is secured in such the provisions of this subsec- a manner that it is visibly ap- tion. The owner shall also re - parent if the container has been tain cash register receipts, guest subsequently opened or tam- checks and ledgers which may pered with. A dated receipt for be reviewed at the request of Vie bottle of wine and full course the city to determine compli- Supp. No. 18 CD110:26 ZONING held out to the public to be a place where meals are pre- pared and served. 4. Sale or consumption of malt beverages and wine shall be limited to the time period set by chapter 6. d. Chapters or incorporated clubs or veteran's fraternal organizations con- forming to F.S. § 565.02(4). d3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this sec- tion only. (4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area; will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article DC of this chapter. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following informa- tion: 1. The outer boundary of the vi- cinity map, which shall be at I east 2,.rinil Let fromthe centroid of the proposed establishment's property. 2. Location of all existing public streets between the proposed establishment anti nthar Petah- lishments and land uses as de- scribed in subsections (a)(1) and (a)(2) of this section. 3. Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific dis- I181 § 110-171 tances to the proposed estab- lishment affixed per subsection (a)(1) of this section. 4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed estab- lishment affixed per subsection _(a)(2) of this section. 5. Existing zoning for all proper- ties within 300 feet to the prop- erty of the proposed establish- ment shall be indicated. The site plan map shall be drawn at a scale not less than one inch eq ials 100 feet and shall indicate the fol- lowing information: 1. Location and dimension of the proposed establishment's prop- erty lines, all existing and pro- posed structures, driveways, parking spaces and ingress/ egress points. 2. The following information shall be presented in tabulated form: i. Number of parking spaces. ii. Number of restaurant seats. in. Number of bar/lounge seats. iv. Building area. V. Lot area. C. The building floor plan shall be of a scale appropriate for the establish- ment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room lay- outs and exits. (b) Any special exception granted under this section may be temporarily suspended or abso- lutely revoked by majority vote of the board of Supp. No. 15 CD110:26.1 § 110-171 CAPE CANAVERAL CODE adjustment at a public hearing, when the board of without a special exception for the on -premises adjustment has determined by competent substan- consumption of alcoholic beverages,for the follow - tial evidence that either: ing: (1) The establishment has obtained the spe- (1) Conventions. In convention halls, colise- cial exception upon false statements, fraud, ums, and similar type buildings. where deceit, misleading statements, or suppres- there is an existing beverage' license, the sion of material facts; director of the division of alcoholic bever- ages and tobacco may, in his or her discre- (2) The establishment has committed substan- tion, issue a permit for not more than five tial violations of the terms and conditions calendar days for the display by manufac- on which the special exception was granted; turers or distributors of products licensed under the provisions of F.S.chapters 561 (3) The establishment no longer meets the through 568, and may authorize consump- requirements of this section or the Florida tion of such beverages on ! the premises Beverage Code; or only. (4) The management of the establishment (2) Nonprofit civic organizations, The direc- knowingly allowed illegal activities to be for of the division of alcoholic beverages conducted on the premises including, but and tobacco may issue a permit authoriz- not limited to, possession or sale of illegal ing a bona fide nonprofit civic organiza- substances, racketeering, prostitution, lewd tion to sell alcoholic beverages for con - and lascivious behavior, and unlawful gam - sumption on the premises only; for a period Ming. not to exceed three days. All', net profits from sales of alcoholic beverages collected Prior to any special exception being revoked, during the permit period must be re - the establishment shall be provided with min- tained by the nonprofit civic organization. imum due process including notice of the grounds Any such civic organization may be issued for revocation and hearing date, an opportu- only three such permits per calendar year. nity to be heard, the right to present evidence, (b) Any person or entity issued', a temporary and the right to cross-examine adverse wit- alcoholic beverage permit pursuant to this section nesses. shall be subject to the provisions of chapter 6 of the City Code, Alcoholic Beverages, as amended (c) For on -premises consumption of liquors, from time to time, including, but not limited to, restaurants or cocktail lounges shall have a min- hours of operation and nudity on the premises. imum building area of 2,000 square feet and a (Ord. No. 03-2006, § 2, 6-20-06) seating capacity of 100 patr Gigs. (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2, 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No. 36-2003, § 2, 10-21-03, Ord. No. 03-2006, § 2, 6-20-06; Ord. No. 04-2006, § 3, 6-20-06) Sec. 110-172. Temporary alcoholic beverage permits. (a) Upon approval of the city manager or the city manager's designee, and receipt of appropri- ate city permits, the division of alcoholic bever- . i ag{s a acco Way issue temporary permits Sees. 110-173-110-190. Reserved. ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent. (a) Witbiin the ciictrirtc established by this chapter or subsequent amendments there exist lots, structures, placement of structures, uses of land and structures and characteristics of use which were lawful prior to enactment of the ordinance from which this section is derived or amendment, but which would be prohibited, reg - Supp. No. 15 CD110:26.2 Izzy's Bistro Compliance Issues June 22, 2009 Should Izzy's Bistro be successful in pursuing a code amendment to adjust the minimum number of seats required for a restaurant to be exempt from the 2,000 -ft. radius measurement, the following compliance issues will need to be addressed: A Special Exception for alcohol consumption will need to be approved by the City. In order to obtain the special exception, all applicable City code requirements will need to be met. The following code requirements may be particularly challenging, given thesizeof the restaurant and the --available parking: - - a. The number of seats will need to be consistent with the new requirement b. The number of seats cannot exceed the occupant load for the structure. c. The number of seats cannot exceed the parking provided. d. The restaurant must have at least 2,000 sq. ft. in area. e. An impact fee payment of $292.23 will be required for each additional seat requested. We will be happy to perform a preliminary courtesy review to determine if the above compliance issues can likely be met. The applicant will need to provide the following information: • A dimensioned drawing showing the main assembly area of the restaurant with the proposed number of seats shown. • A dimensioned drawing showing the overall building (including the area for each tenant in the building) and all parking spaces on site. • A narrative description of the assignment of parking spaces for each tenant at the plaza. Notes: 1. The drawings for the preliminary courtesy review do not need to be created by a design professional — all they need to do is adequately convey the requested information. 2. All parking spaces, in order to qualify, must be at least 200 sq. ft. in area. 3. The code requires one parking space for every three seats. 4. The City code allows offsite parking. Additional requirements apply. 5. Our Local Business Tax Receipt records indicate that Izzy's Bistro has a State License for 75 seats. To increase from 75 to 150 seats would be an additional 75 seats. The sewerimpact feeassessmentwould be calculated on this amount of additional seats ,"7 1Z x Parking Requirements for Tezel building Total required parking spaces are as follows: Total sf of building = 11,322 Izzy's sf= 2,852 8,470 / 300 sf = 28.23 or 29 spaces for remainder of building. Izzy's 150 seats/3 = 50spaces Total spaces required 79 33 — number of paved spaces currently provided that are designed per code. 11— credit for additional spaces on site. 44 — total spaces provided on site. 79 —total required spaces 44 — spaces provided on site. 35 — number of off-site spaces to be provided. Off-site spaces must be provided not more than 500 ft. from the subject parcel. PYRO CIVY F. j 321-868-2272 The McFarland s Art & Mar -1 Y X600 N. Atlantic Ave - 32920 i A '17 N, CO fl, A -7 A -7 Art -i 17} 88o -6A- 7 wait boa-ztime@aoll,com boazmayori@aoi.com February 22, 2010 To whom it may concern: My company, VK Real Estate located at 130 Cleveland Ave, Cape Canaveral, Florida grants IZZY' S BISTRO, located A 6615 N. Atlantic Avenue, Suite C, Cape Canaveral, Florida the use of our parking spaces starting at 4PM. Owner S.I*. UNDER :AIR 2850 - 120 SEATS S.F. OUTDOOR SEATING AREA 594 1 30 SEATS FA '�►� 8TORAGE smvice WOMEN ISN > EJJ; KkqcH u Em t KUTE CAC A TIA1t'ti C1i _A KI t I IIT i LMN SCALE 1/8' - 1'a0' \%' _I 4 of Cape Canaveral Building Department (Please Print Legibly or Type) t- - "­JJOuu tkce t1t=,L Yj(j. U�J-U4 DATE FILED-) - ) ti 0 FEE PAID t15 , 120 DEPOSIT RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) eH4k) ,-& ),jj_ RLCoNBLIC a+�v61L��-E L1cE (2 COP fd 14 Cop) Address of request (if applicable) 66/5' Al. 14Tt,, me AyK EMU -C �3Zg2,r) Legal Description: Lot Block Parcel Subdv Section Township Range- D�SeR1PTf©I�ATTJ9G�r.E� STATEMENT OF FACT: State of Florida, County of Brevard; I being duly swom, depose and say that: I am the property owner. X I am the owner(s) designated agent. (notarized authorization required) OTYY7ner (s) iv aliae(S):-Sv P�i'i CC Loa- Pit is f- SKt/O-r i6 C -e. Address: IV /4TL,gM)'Ie/9v'E vim 76y COCOA Sefto� 32113) Home Phone Work Phone E -Mail Applicant(s) Na.mes(s): _ 13 R i c_i TTE K Riau 5 Address:_ RT"6.ZD lj✓�, &,//C r CA A6 C11N)q,l"AAi & 327 Home Phone 944 16OL Work Phone 793 -464? E -Mail IIt�6Q IZ4YSSISTaa RaXiDA. tares All information, sketches and data contained and made part of this request, are honest and true, to the best of my knowledge and belief. Signature of Applicant Sworn to and subscribed before me on this 1Z day of -2(?CVvV ?r _20 ...... 9.08"COMM OD053MM ....•..Y•.• ................... e..N Emir x1t; ! N tart' Public, State of Florida _)7, e«,ded by (80032.4254 w ................. Florid Not Assn., inc The completed request form and the $250 filing fee must be filed as follows: Requests for .............. Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days p ;cr to the next rea,i?arly scheduled Planning & Zoning Board \ Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Bogard meeting. The Board of Adjustment meeting will be set after i'i no ., the request is heard by the. Planning & Zoning board. (A deposit may be required per Sectinn rUu 110=921 V_ 1� icit:l(Cti I i-il Lc5R (IFullt j i1. Special Excentinn Rominc+ nil, no -nn to allow on site consumption of alcoholic beverages in the C-1 zoning district (6615 N. Atlantic Avenue) - Brigitte Krause, Petitioner City of Cape Canaveral APPLICATION FOR SP. iAL EXCEPTION This application must be legibly completed and returned, with all enclosures referred to therein, to the Building Department, a minimum of Thirty (30) days (sixty (60) days for Telecommunications Towers) prior to the next regularly scheduled meeting in order to be processed for consideration by the Planning & Zoning Board for study and recommendation to the Board of Adjustment. The owner or a owner representative are required to attend the meetings and will be notified by the board secretary of the date and time of the meetings. The Planning & Zoning Board holds regular meetings on the 2nd and 4f Wednesdays of every month at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. ALL OF THE FOLLOWING INFORMATION MUST BE SUPPLIED PRIOR TO PROCESSING THE APPLICATION. If you have any questions, please contact the Building Department at (321) 868-1222. LATE: Il -D -oil 1. NAME OF APPLICANTS) B LLer i TCS K&A US G (.415 N. AToawrtc Ax. 3"otr6 c . ADDRESS (if assigned) CAPE C -AA v6xAL PHONE # ? $3 - 4S43 FAX # -714 - 4:yg7 E-MAIL to �o @ i� Ys 8�5TtY��GaR-1 t�1 • �e� 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: L&4q� DESC2�fr7a� ATlAG,�E� LOT: BLOCK: T T -R T) TITT r, T r) : PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: TOWNSHIP RANGE DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT '40 -TI c L4 IV (EXATYT_T'LE, ARTICLE X, SECTION 2) S� !1Q`t7� (a)0 -)a, 4. 11 -k --)1V11- LE T E nE A -f- T ACi iEu vJO1-KSHEE T 1N FULL. (INCOMPLETE APPLICATIONS MAY PLESULT IN DENIAL OF REQUEST) 5. PR-E.SENT ZONING CLASSIFICATION: (EXA \4PLE C-1; C-2; R-1, R-?, 1`,rI-1 ETC.) 6. PROVIDE THIRTFFN (13) COPIES OF .SITE PLAN OP,:° PPROPP,IATE DRAT, TING(S) SHOI,�TING THE FOLLO�,1ING WHEF.E APPLICABLE: (a) ,adequate ingress and eo ess may be obtained to and from the property, with particular raference to automotive and pedestrian safety and convenience, traffic flow -and control, and emerzeiicy access In caseJof ILL or medical emergency. — '-L �jUP11'y located utilities are availabV o.r may be reasonably provided to s the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoining properties. (e) Signs and exterior lighting, if any, will be so designed and azranged so as 0. to promote traffic safety and to eliminate or minimize any undue glare, incornpatibility, or disharmony with ad'oininc- properties permitted and in compliance with all adopted codes dordinances. be (f) Refuse and service areas, with particular reference to the issues relating to (a) and (b) above. (g) Required setbacks and other open space,__ (h) Height. (i) Landscaping. (j) Renewal and/or termination dates relating to a lease (k) That the proposed use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic generated, structure size and setbacks, its relationship to Iand values and any other facts that may be used to rnea.s„re or determine uL ermine compatibility. PLEASE NOTE: In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions, stipulations and safeguards to e conformity with the foregoing. nsure STATE REASON FOR REQUEST (attach additional sheat irnecessary): A AA.�C-C-1 aAd ALCoIo4t,,� &F -V&A -4.6-6, ( P -h. 14 Clap) &I Special Exception Worksheet To be completed by the applicant An applicant for a Special Exception is required to meet with the Planning Director prior to completing and submitting the application. A Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, etc. would be appropriate. A Special Exception will promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare of the neighborhood and community. With this definition in mind, completely and fully answer all questions. An application is not considered complete and will not be accepted until all questions are fully answered. It is the applicant's responsibility to make a case for the requested special exception and this worksheet is the criteria by which the Planning & Zoning Board will make its recommendation and Board ofAdjustment will make its determination. Use a separate sheet of paper to provide complete answers. Nature of Special Exception Describe what you are proposing to do and why. Describe in writing and prepare site plans, architectural renderings, photos, etc. as necessary.to fully describe the Special Exception requested. Impact to surrounding properties 1. Is the proposed special exception -be compatible and harmonious with properties and uses in the surrounding area? Explain why. 2. Will the scale and intensity of the proposed special exception be compatible and harmonious with adjacent land uses? 3. Will the traffic generated, volume and type, adversely impact land use activities in the immediate vicinity? 4. vv iii u ie proposed special exception create any adverse impacts to other properties in the surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater runoff, or other offsite impacts. 5. Will there be adequate screening, buffers, landscaping, and open space, etc. to mitigate any adverse impacts of the SE? a. Will the size and shape of the site, the proposed access, internal circulation, and design enhancements be adequate to accommodate the proposed scale and intensity of the SE requested? 7. Are signs and exterior fighting designed and located so as to promote traffic safety and to minimize any undue glare or incompatibility with adjoining properties? 8. What are the hours of operation and how will they impact surrounding properties? Traffic and Parking 9. Is there adequate off-street parking? 10. Is there adequate ingress and egress, with particular reference to auto and pedestrian safety and convenience, traffic flow, and emergency access? 1-1. What type and how much traffic will the SE generate? 12. Are there adequate loading and unloading areas? Public Services 13, Are there ar ent lata 1iitiliries ate ii hi `� i tion , r �. .�.,.. uvv u V a„a�„e . r_v' aOtl ► ai`ru capacity. 14. Will the proposed Special Exception create any unusual demand for police, fire, or emergency services? 16. Will the proposed Special Exception have an adverse imna:-t nn public se ma ces, r..,� _' including water, 'sewer, surface water management, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? 16 Is there adequate refuse facility for the use and is the dumpster properly located and screened? Miscellaneous impacts 17. Will the proposed SE have an adverse impact on the natural environment, including air, water, and noise pPollution, vegetation, wildlife, open. space, noxious and desirable vegetation, and flood hazards? 18. Will the proposed SE have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. 19. Will the proposed SE have an adverse impact on the focal economy, including governmental fiscal impact, employment and property values? 20. Will the proposed special exception will have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood duality? Izzy's Bistro 6615 N. Atlantic Avenue Cape Canaveral, FL 32920 City of Canaveral Special Exception Worksheet Izzy's is currently operating under a special exception approved by the city more than 10 years ago and site plans were submitted and approved by the city at that time. We are not seeking changes to the overall site plan, simply an increase in series of our existing state alcoholic beverage license (from 2COP to 4COP). The existing special exception was granted under the provisions of Section 110-171(a)(2)(c) of the city code, and we are seeking a modification as provided in the recently modified Section 110-171(a)(2)(a) of the same code. Impact to Surrounding Properties 1. Yes. No change to existing site plan, property continues to operate as restaurant. 2. Yes. No change to existing site plan, property continues to operate as restaurant. 3. Yes. No change to existing traffic flow. Access to property is directly from SR A1A. 4. No adverse impact on other properties. Restaurant operates from 4pm-10pm Mon -Sat. Note: Stage was removed by current owner, noise impacts will be reduced from previous o vhv ner 5. Yes. No change to existing site plan. Wooded property adjacent to undeveloped wooded lot, fencing in rear. 6. Yes. No change to existing site plan (additional seating only). 7. Yes. No change to existing site plan. 8. Restaurant operates from 4nm-1Qnm Mon -Sat Traffic and Parking 9. 44 spaces provided on-site. Sufficient additional off-site parking available on Azteca property to the south. 10. Yes. No change to existing site plan. 11. Normal auto and pedestrian traffic. 12. Yes. No change to existing site plan. Public Services 13, Yes, confirmed by city utilities department (see Florida DPR seating license application) 14. No change anticipated. 15, No change to existing site plan. 16.Yes. No change to existing site plan. Misc Impacts 17. No change to existing site plan. 18. No change to existing site plan. 19. No adverse impact. Restaurant employs local residents, increase in business may result in additional local hiring. ?n ron r-hnnno LIMITED POWER OF ATTORNEY Date: November 17, 2009 1, Kurt Tezel as President of Supra Color Enterprises, Inc., do hereby confer limited power of attorney on Brigitte Krause, of Izzy's Bistro as true and lawful attorney-in-fact for me and in my name, place and stead, and on my behalf, and for my use and benefit, regarding the following: To ask, demand, -litigate, recover, and receive permission from the City of Cape Canaverallvto be allowed to serve alcohol at the property leased from us at 6615 North Atlantic Avenue, Suite C in Cape Canaveral, FL. Powers conferred on said attorney-in-fact shall be restricted and limited by the aforementioned specifications regarding situation of representation. The rights, powers and authority of said attorney-in-fact granted in this instrument shall commence and be in full force and effect on November 17, 20009, and such rights, powers and authority shall remain in full force and effect thereafter until 1 give notice in writing that such power is terminated. I, Kurt Tezel, whose name is signed to the foregoing instrument, having been duly nualifeei according to the law, do hereby acknowledge that I signed and executed this power of attorney; that I am of sound mind; that I am eighteen (18) years of age or older; that 1 signed it willingly and am under no constraint or undue influence; and that I signed it as my free and voluntary act for the purpose therein expressed. SUPRA COLOR EN I ERPRISES, INC. •y � Kurt Tezel as President My commission expires t Notary Public Ielgg RgRRggVgid4Hx�, xYY 9g g3a g>s xsi gg RRRggg.... It MARGARET j. PUGHSE _ �aunra2 _ .p _�• ..: ,. C`nmm^'gD071581 _.!, Expires 9/16/2011 " "'%;F �`. Florida Notary Assn., Inc �unm,�• R zzzxzz:see<<'+..- "' r .>acg sa ge ggR ggrx xM 0 CO W M FOAM 11M WAitAAN77 DEED -(Statutory This instrument prepared by tthael M. M. Wallis, Esq., f"1t IFe �Cii�sciieriUa °'�'0f M le , P ., P t Office Box 757, Cocoa Beach, Florida 32931 4 ,_4 a.ern..+c1rN.IrN�wp.me'�.mMW. w�w��fiwi.e:�N�.nr. ed rM p! (rN Nn�4r; tN u...J Y Rrby, 1Jn71IrvA.d 11 �rwQm; ..d. 1J r.d, rN imn uor, !! tncludr e 1 rN wf.a Nmn M.n1f..d 11 wmm rhnn w,r Made this ft) -tv day of De C'Pu( b -et/ A. D. 19 86 3idwem JACK C. MOLINE and CHARLOTTE MOLINE, his wife of the County of Brevard in the State of Florida party of the first part, and SUFRA COLOR ENTERPRISES, INC„ a Florida corporatiotl whose address is: tt�J=o�„tff� C'tutj (1� go'ok e'ecLt l=L 3 of the County of Brevard in the State of party of the second part, Florida 333itntssrt4. that the said party of the first part, for and in consideration of the sum of TEN AND NO/100 Dollars, to him in hand paid by the said party of the second part, the receipt_ whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part his heirs and assigns forever- the following described land, situate lying and being in the County of Brevard State of Florida, to wit: See Exhibit "A" attached hereto and made a part hereof. SUBJECT TO taxes for the year 1987 and subsequent years. SUBJECT To easements and restrictions of record; however, nothing herein contained shall be deemed to reimpose the same. And the said party of the first part does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. 3n Mitness Mtltfeaf, the said party of the first part has hereunto set his hand•and seal the day and year first above written. anh e of FIJ3. tai i og=V pf Brevard ) L.S. CIt C. xtr�zN�-B MO INE 3'R=rhit Cutifq That on this day personally appeared before me, an officerduly authorized to administer oaths and take acknowledgments, JACK C. MOLSNE and CHARLOTTE MOLINE, his wife to me well known and known tome to be the individual described in and who executed the foregoing deed, and they acknowledged before me that they, rum t -h am c fr,,19 and voluntarilyor the purposes therein expressed. Zir.ms my hand and ofjiciai seal at Cocoa Beach �: .•........,C""ty of Brevard andStnte of F n ; rhe, f em be, A. D 19 86 : [� 'may aJ c' My Commissza� a.�, a1tIIA yrs -cPL 23, 7929 %'otary Public ... LEGAL DESCRIPTION "A" From the section corner common to Sections 22, 23, 26 and 27, run Easterly along the South line of Section 23 to the point of intersection with the Westerly right-of-way line of State Road AIA as now located (formerly State Road 401). Thence run Northerly along the said Westerly right-of-way line of said State Road. AIA a distance of 40 feet to the point of -beginning of the property herein described. Thence continue Northerly along said right-of-way line of State Road AIA, --a distance Of - S25 feet to the South line of the entrance right-of-way to Cape Shores Condominium, thence run Westerly along the Cape Shores entrance right-of-way, a distance of 170 feet, thence run j Southerly parallel to the Westerly right of way of State Road AIA. a distance of 525 feet to the South line of Section 23, thence run Easterly along the South line of Section 23, a distance of 170 feet to the point of beginning, all said lands being located in Section 23, -township 24 South, Range 37 East, Brevard County, Florida; i LEGAL DESCRIPTION me" From the section corner common to Sections 22, 23, 26 and 27, run Easterly along the South line of Sect -way line of State'- .23 to the pont of intersect; ;th the Wester! g t ri h - Road AIA as now located (former! of r -in Northerly alongY State Road 401), Thence the Said WesYwly rigl-:t-cf--,way line of } State Road AIA a distance of 625 feet to the North -line of the entrance right-of-way to the Cape Shores Condominium, this is the point of beginniiag for the property described_ Thence run Northerly along the Westerly right-of-ways line of. State Road AIA, a distance of 125 feet. Thence run Westerly ' parallel to the North line of Cape Shores right-of-way, a dis- tance of 200 feet, thence run Southerly parape! to the Westerly ' right-of-way line of State Road AIA a distance of 125 feet, thence run Easterly along the North right-of-way line of Cape Shores 206 feet to the point of beginning. All. said lands bein eg in Section 23, Township 24 South, Range 37 East, Br County, Florida: vard Exhibit "A" Moline%Sc=o�essovjsupra Color Enterprises, Inc. OFF. REC. PAGE 2755 0844 y i brevara �,otrnry f'r0pe17cy Appraiser - unnne heal astute rroperty Laru Ford's 'letter Jim, !!:qCfi,;;k, advises Taxing, Authorities of i PrOp ar, A Pp; W so tr. VI1B"process" 4' % %€`l 11* v ~= delay CLIC" Fv r [Home] [Meet Jim Fordj L6uJ9et Histo_ryj LAppraiser's Job j LGeneral Info) (�Amr.ndr.7ent iJ [Saye Our Homes] ]Exemption; Lbnationsj [Forms] [AppealsJ s?r J Rese rz `=:J WAP aearchj lift' & DataJ jUnusab4e_ Prope y] [rax Authorities] [L!*sj. [In_The New [Tax Estimator] [Coniact. Usj General Parcel Information for 24-37-23-00-00511.0-0000.00 rage 1 o1 L See Latest 4 2009TAX . ROLL Press Release CLICK }SERE Parcel Id: 24-37;23-00-00511.0- jyjap;Ortho Aerial Millage 126COlExemption: Physical Use 1110 22 & N 860.25 FT OF S 900.25 FT OF GL -4 IN 0000.00 Code:Code.- Na�ii�e: SEC 23 LYING w OF ST RD 4001 EX N 1500 F I ode:Site Vacant/Improved Book/Page OF E 200 FT THEREOF & ORB 1215 PG 156, Site Address: 6615 N ATLANTIC AVE, CAPE CANAVERAL 32920 Tax 2435407 1223 PGS 734 & 736,1234 PG 286, Acct: 1980 N ATLANTIC AVE SUITE m site address information is assigned by the Brevard County Address Assignment Office for F9-1-1 purposes; this information may not reflect community location of property. _ Tax infUnn_ation..is _available._at_ the_.Brevard _.Coun:ty Tax.. Collector's.. web_ site_ (Select the back button to return to the Property Appraiser's web site) Owner Information Abbreviated Description Owner Name: SUPRA COLOR ENTERPRISES ' Sales N 860.25 FT OF S 900.25 FT OF G L 3 IN SEC Physical INC Sub 22 & N 860.25 FT OF S 900.25 FT OF GL -4 IN Second Name: Type Na�ii�e: SEC 23 LYING w OF ST RD 4001 EX N 1500 F I Change Vacant/Improved Book/Page OF E 200 FT THEREOF & ORB 1215 PG 156, Code 1223 PGS 734 & 736,1234 PG 286, Code 1980 N ATLANTIC AVE SUITE Mailing Address: 704 $178.800 City, State, COCOA BCH, FL 32931 Zipcode: 2.74S/0Rd.'i i i Value Summary Land Information 2008 2009 Acres: 2.62 Market Value Total: $1,300,000 $1,150,000 ISite Code: 34.0 Agricultural Market Value: $0 $0 Assessed Value Non -School: $1,300,000 $1,150,000 Assessed Value School: 1$1,300,0001$1,150,0001 h_W Homestead Exemption: $0 $0 Additional Homestead: $0 $0 ^" Other Exemptions: $0 $0 Taxable Value Non -School: $1,300,000 $1,150,000 fix Taxable Value School: $1,300,000 $1,150,000 This is the value established for ad valorem purposes in accordance with s. 193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. 't" Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occurred. Y" The additional exemption does not apply when calculating taxable value for school districts pursuant to amendment L Sales Information Official Records Sale Sale Deed ' Sales *** Sales Physical Date Amount Type Screening Screening Change Vacant/Improved Book/Page Code Source Code 2755/0845 12/1986 $178.800 WI) 2.74S/0Rd.'i i i 12/1986 IS 146 3O01 WD «'n I http://www.breva'rdpropertyappraiser.com/asp/Show_pareel.asp?acct= 2435407&gen=T&... 12/22/2009 rsrevaw t-ounty rroperry Appraiser - unnne xeai Estate rroperLy carts Page 2 of 2 1,1051/0821110/19681 $32,800 PT *` Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Building Information BuddinLy i'ltnio,, PDC # Use Code Year Built Story Height Frame Code Exterior Code linterior lcode IRoof ITvDe Roof Mater. Floors Code Ceiling Code 1 1110 11995 1 151 03, 01 Qa,071 01 101 11 03 04 Buildinu Area Tnfm matinn PDC Base Garage Open Car Screened Utility Enclosed PAVING 750 Bonus RV RV Total # Area Area Porches Port Porches Rooms Porch Basements Attics Rooms Carport Garage p g Base Area 1 110761 0 2433 0 0 170 0 0 0 0 0 0 11076 Fxtra FeatnrP infra mntinn Extra Feature Description Units FENCE 34 LOADING WELL 240 PAVING 20805 PAVING 750 �...... .. �.......,.....,...,....�, ........,., u... vv - uncu u. .—Y, LCC. -Our LL, LVV7. New Search Help ---...__. prm.__-__.._.. ........_...._- �- _... [Fsj [Appea_.Isl [P,rc3pc rtx_ esa rchj 1 ap Searrhl [Maps_&,Data] [Unusable Pro _e..._ . ._ _ ... _...p. rtal [Tax Authorities] [Cax Factsj [FAC,[j [Llnksl [in The News[ [fax Estimator [Contact Us] Copyright v 1997 Brevard County Property Appraiser. All rights reserved. http J/w,A,-w.brevardpropertyappraiser.com/asp/Show_parcel. asp?acct=243 5407&gen=T&... 12/22/2009