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HomeMy WebLinkAboutApril 1, 2010 - Board of Adjustment PacketCity of Cape Canaveral Community Development Department BOARD OF ADJUSTMENT MEETING AGENDA 201 POLK AVENUE APRIL 1, 2010 7:00 P.M. CALL TO ORDER: ROLL CALL: iJE'vv BUSIIVEJS: 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 ,vv,,w.ciryofcapecanaverai.org • e nail: ccapecana—, erai� cii.rr.com ►Vi 1:4 [� ; ► ► i Date: March 26, 2010 To: Board of Adjustment members From: Barry 'Drown, rlanning 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 la Susan Chapman Secretary Kate Latorre Assistant City Attorney Robert Hoog Mayor Pro Tem B,hrry Brown Planning & Development Director i All persons giving testimony were sworn in by Assistant City Attorney, Kate Latorre. NEW BUSINES i i. Motion ire: Approval of Meeting.Minutes—Au iist 31 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 Minuteis December 7, 2010 Page 2 1 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: en-los:.ire and IMl rent -ode. L lip of the pool, 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, ---rieThe p^ol `---J v. are 15 ft. from the side yard property fine and Islet `the 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 nrnr�arty �ir�t� t1�n 1,,..[A;-- +1. n+ 1.-..J t•........ n x._ Brown V �„ Vr V LY elelE Wl L11E lll.11IU!I1r, L11G1L 11aU Ueen 1113LCIIRCU Uy Lilt U11rl1ld1 developer. Mr. Brown 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 Adjustment 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 wiould 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. l,Ylr. Brown ad\ special privilege the same zonil enclosure, privi special privilege verified that th the reasonable approval of the code, and woul welfare. that + ! - - iseu ciia< <hc variai�%eS reiiliesteU would not confer, on elle applicants, any (s) that were denied by the city code to other lands, building or structures in l!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 advised that the variances requested would not confer, on the applicants, any special privileges) that were denied by the city code to other lands, building or structures in the same zonin,'g 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 gavelcity 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. fo� 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 • .�v„�1 explained L,1at she pool eihchv��.ire Coi.ihu easily be relocated w meet file city Code, and the shed was in a state of disrepair and deteriorating, and not suitable as a host structure for support of t,e pool enclosure. Staff also recommended that the shed be demolished and replaced with a new shed that would meet the city code. Mr. Brown adv setback var iancl accessories (put the shed, which ised that the Planning & Zoning Board recommended approval of the side for the pool enclosure, the setback for the fence, and the setback for the pool np), and recommended denial of the rear setback for the screen enclosure and 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 whoa 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 t�e 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: Selection of a New IV Barry Brown, Planning & Development Director, advised that the Board needed to choose a different n+ n h +r` III L the the IJ di fe�ent 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 rep6rt and then ronin" ani,+4,.,....6,+.- +6..... —:-1,4. l..<... _ 1:__ �L__ --- -- I ---I- �- ..r� u�, "and aria i�. IIV�y ClIfy utvuScLta LIMY 1111171 IICIVC 1CShcdlllr, LIIC 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 )mmented 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 ie low tide line. He questioned why and noted that all three properties were enko Construction for Towne Realty. Barry Brown responded that he did not know the answer, 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 explained that t some rezoning 1 Jenkins asked if Barry Brown an through an actio in the final visi workshop after of the first thin same. He note, such as farmers Barry Brown a progress, as w because the cit or e-mail him dovvntown. There being no Approved on thi isked if there were any plans to recruit water front restaurants. Barry Brown ie city currently did not have zoning that allowed water front restaurants, and iay have to take place to accommodate those types of establishments. Dennis the city could be proactive, before an investor wants to come in and build one.. ;wered "yes", and explained the process on how the city will accomplish that n plan that will be created by city staff to implement the action items identified ming report. The action plan would be presented to the City Council at a. he 1St of next year, and then the process would begin. He pointed out that one s to accomplish would be to establish mixed-use zoning, and gave examples of I that other uses would be established that the city does not currently allow, 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. 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 -L 2. Home Address:y v v N d1--- jL)_-_, y I v i= - C, `- �- 3. Home Telephone: 4. Occupation: 5. Business Telephone: 6. Business Address: B. ELIGIBILITY dV\�jC i The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? mi(N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 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: 5. 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 f 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, INTERESTS -EXPERIENCE 1. Briefly state your interest in serving on a City advisor�yr hoard or committee: — � 4i° �}t'i3 ti � � j V 1 �- � i� �'"p1 r E a. �t r.,r 4'L c J✓+- 1 2_ Briefly state any prior experiences in serving on any governmental board or committee: 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 W most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. f Board of Adjustment* e. 7 Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Beard* f. J Construction Board of Adjustment and Appeals* g. V Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Xlefnben of these boards are ruined to complete and file with the Supervisor of Elections a Financial Disclosure Fonh upon appointrr�7vnt to said board and p>ior to Jufy 1 of each year PR - 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 African-American Asian -American Hispanic -American ,f Native American —� Caucasian Not Known GENDER Male Female DISABILITY Not Known Physi lly riisabled 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 Cit ', l 1101flowing s �I�l� ji 1v i$ 3i; _,j�� �:� .,r9�,+j Ctrtitis,re approval �veeurrli� a I'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 PterWs 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+ rirnr,tprl +0 Mona's vU L Deli_ BrinittP_ Krause, owner of 177y's 1Alantq to hp ahlo to serve liq- 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. Uur 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 properly owners. Agreements have been received from VK Real Estate (1 b- 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 nrincl'al 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 exce-tion of off-street parking, aN requirements of the zoning district are met. 2 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 1s 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. 3 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. In 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. RADIUS MAP Birdgett Krause krause500 41 f52 27 1 40 TT 34 i� 1 } 9 23 46 {. 5 1 r, 2 12 26 60 18 4 50 53 48 33 49 3 i 68 25 L 71 3 38 16 64 47 10 37 TAFT AV MAP SCALE IS, 1:6,000 OR 1 inch equals 500 feet a 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 not assume responsibility for errors or omissions contained hereon. Produced by Brevard County Planning & Zoning Office - GIs 11/12/2009 MEW Legend �. � Notification buffer Parcel/lot boundaries Nntifieri Prnn�rties i 9 Subject Properties from Izzy's Bistro ZONING Sec. 110-122. Hotels and motels. 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. 110-1123-110-135. Reserved. DIVISION 4. RESERVED* Secs. 110-136-110-160. Reserved. ARTICLE I W". SPECT A T. 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. ALCOHOLIC 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 Nov. 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. § 110-171 the state Department of Business and Profes- 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: Supp. No. 18 CD110:25 (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. (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 currently provides for the sale and con- sumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, ex- ceptions to this subsection are: a. Restaurants seating 150 or more per- sons. b. Hotels and motels which are ap- proved in accordance with City Code. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, pro- vided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically deJlgned lWr a bar or lounge operation. 2. Consumption of food and malt beverages shall be on premises only; however, food carryout without the malt beverages may be permitted. Further, in accor- dance with Florida law, one un- sealed bottle of wine may be removed for consumption off pre- mises if purchased and par- tially runssuMera :yith a full course meal consisting of a salad or vegetable, entree, a bever- age, and bread. A partially con- sumed bottle of wine to be re- moved from the premises must be securely resealed by the lic- ensee or its employees before removal from the premises and shall be placed in a bag or nth pr container that is secured in such a manner that it is visibly ap- parent if the container has been subsequently opened or tam- pered with. A dated receipt for Vie bottle of wine and full course Supp. No. 18 CD110:26 meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove com- partment, a locked trunk, or the area behind the last up- right seat of a motor vehicle that is not equipped with a trunk. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonal- coholic beverages and food pre- pared, sold and', consumed on the premises. The obligation to sell 51 percent food and nonal- coholic beverages is a continu- ing obligation. It is a violation of this zoning codeto sell wine and malt beverages granted un- der this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and non- alcoholic beverages. Such per- centage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic bever- ages for the immediately previ- ous 12 -month period. In ac- knowledg-nient of tills contmuing obligation and as a conuitivii precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms ap- proved and provided by the city, which Will attest and. tnvciiaiit to the owner's compliance with the provisions of this subset- tion. The owner shall also re- tain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compli- d3) (4) (5) 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). 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. 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 Px of this chapter. 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 least 2,500 feet from the centroid of the proposed establishment's property. 2. Location of all existing public streets between the proposed establishment and other estab- 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- § 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. b. The site plan map shall be drawn at a scale not less than one inch eq ala 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 barflounge 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 adjustment has determined by competent substan- tial evidence that either: (1) The establishment has obtained the spe- cial exception upon false statements, fraud, deceit, misleading statements, or suppres- sion of material facts; (2) The establishment has committed substan- tial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gam- bling. Prior to any special exception being revoked, the establishment shall be provided with min- imum due process including notice of the grounds for revocation and hearing date, an opportu- nity to be heard, the right to present evidence, and the right to cross-examine adverse wit- nesses. (c) For on -premises consumption of liquors, restaurants or cocktail lounges shall have a min- imum building area of 2,000 square feet and a seating capacity of 10110 patrons. (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- ages . i ges ^- a a� a Way h36ue temporary permits without a special exception for the on -premises consumption of alcoholic beverages,for the follow- ing: (1) Conventions. In convention Balls, colise- ums, and similar type buildings. where there is an existing beverage' license, the director of the division of alcoholic bever- ages and tobacco may, in his or her discre- tion, issue a permit for not more than five calendar days for the display by manufac- turers or distributors of products licensed under the provisions of F.S.chapters 561 through 568, and may authorize consump- tion of such beverages on ! the premises only. (2) Nonprofit civic organizations'' The direc- tor of the division of alcoholic beverages and tobacco may issue a permit authoriz- ing a bona fide nonprofit civic organiza- tion to sell alcoholic beverages for con- sumption on the premises only; for a period not to exceed three days. All net profits from sales of alcoholic beverages collected during the permit period must be re- tained by the nonprofit civic organization. Any such civic organization may be issued only three such permits per calendar year. (b) Any person or entity issued: a temporary alcoholic beverage permit pursuant to this section shall be subject to the provisions of chapter 6 of the City. Code, Alcoholic Beverages, as amended from time to time, including, but not limited to, hours of operation and nudity on the premises. (Ord. No. 03-2006, § 2, 6-20-06) Secs. 110-173-110-190. Reserved.'. ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent. (a) Within the districts 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 thesize oftherestaurant 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 (75 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. V x, PYRO CIPI-Y Fq, 321-868-2272 -s The McFarland' Art & Mary 6600 N. Atlantic Ave - e! R U2navm32920 U2De - _ I L L4;4 ry IA -1"71 co n Aft/417) 880-6-4717 wait boa-ztime@aoll,com boazmayori@aoj.com February 22, 2010 To whom it may concern: My company, VK Real Estate located at 130 Cleveland Ave, Cape Canaveral, Florida grants I��Y' S BISTRO, located at 6615 N. Atlantic Avenue, Suite C, Cape Canaveral, Florida the use of our parking spaces starting at 4PM. ", Owner S.F. UNDER AIR 2850 1 120 SEATS S.E. OUTDOOR SEATING AREA 594 30 SEATS ♦♦♦I♦♦♦♦♦♦♦♦♦♦♦ Mal 141,11 *Wl 8TO"m smyice CSC A TIAit'ti KI G/A 1 1M.3 i LfiIN SCALE 1/8' - 1'a0' 0 0 J W, ELK CF 1 4 of Cape Canaveral Building Department (Please Print Legibly or Type) ti ­JJOuu tkce t1t=A YjU. U�J-U4 DATE FILED-! ti 09 FEE PAID C150, 120 DEPOSIT RECV'D BY: ($250.00 Filing Fee is non-refundable) NATURE OF REQUEST Special Exception is for what purpose (Brief Description) eH4k) ,-& ),jj_ RLCoNBLIC 8 v6&ACv-& L rc E ( 2 ca P fd 14CO P) Address of request (if applicable) 6 6/S Al. 14Tt�Amc Ayr, suj1r6- C 3Zq 2,r) Legal Description: Lot Block Parcel Subdv Section Township Range D&SCR1Pr10;UATT19e,*&P STATEMENT OF FACT: State of Florida, County of Brevard; I being duly swom, depose and say that: I am the property owner. X I am the owner(s) designated agent. (notarized authorization required) Owner (5)L;f'Dl.a� /Kt/Ax T&B&. V/&5Z)0 1 . Address: M310 IV /47.LAATIe/9v'E 5vim76 Cocas 9eftil >�1, 32113) Home Phone Work Phone E -Mail Applicant(s) Names(s): _ j3 R i c e TTE KRia u 5 Address: Al RT 61-D lq✓�, &,//T6 C r CAA6 l'11N11- �ALi & 327 Home Phone 960'I(PCSL Work Phone *723 -4641 E -Mail IIt�6Q IZ4-M$ISTJU RaXitA, tar► All information, sketches and data contained and made part of this request, are honest andto the best of my knowledge and belief. 0 - V /V cx_�� � �� Q Signature of Applicant Sworn o and subscribed before me on this 1Z day of 1)(?C vr7 -50;� p ;........„. ............,..,.,......N KAREN L. VAN !:.'IE or '• UMM DD05355W x1i Emi&2&W,0! N tart' Public, State of Florida siv., aR�a e«+ded by (800 )432-4254 Florid Nota w .................. rY Assn., ine The completed request forand the $250 filing fee must be filed as follows: Requests for ��.............. m Variances, Rezoning and Special Exceptions (Except Telecommunication Towers), require a minimum of thirty (30) days pr-inr to the next rea,.r?arly scheduled Planning &Zoning Board \ Meeting; Request for Telecommunications Towers, require a minimum of sixty (60) days prior to the Planning & Zoning Board meeting. The Board of Adjustment meeting will be set after i f :� 0 ., the request is h earn t)y the Flanning & Zoning board. (A deposit may be required per Sectinn L , rC u ” `U' I 110=92) V_ 1 1� Special Excentinn Rprtmnct nlr, 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 4thWednesdays 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. - 1. NAME OF APPLICANTS) B LLcri TCS K&AUS E (.415 N. AT44wrtc Ax. 3"otr6 c . ADDRESS (if assigned) eAP6- PHONE # 7$3 - 4S4$ FAX # -7q4 - fyg7 E-MAIL t!► r@ 1� Ys 8�STIYi�GaiR-1��1 • �e,*, 2. COMPLETE LEGAL DESCRIPTION OF PROPERTY: L&AL a�SCRt�r7o� ATlAG,�IE� LOT: BLOCK: T T_RDI`;'?r,Tr) PARCEL: SIZE OF SUBJECT PROPERTY IN ACRES: SECTION: TOWNSHIP RANGE DESCRIPTION: 3. ORDINANCES SECTION UNDER WHICH SPECIAL EXCEPTION IS SOUGHT A0 -TI c Lr_ I V (EXATYT_T'LE, ARTICLE X, SECTION 2) S� !1Q`t71 (a) 4. C __)1V'11 LE T E nE A -f- T ACHED Yd01-KSHEE T IN FULL. (INCOMPLETE APPLICATIONS MAY RESULT IN DENIAL OF REQUEST) 5. PR-E.SENT ZONING CLASSIFICATION: (EXA \4PLE C-1; C-2; R-1, R-2 1rI-1 ETC.) 6. PROVIDE THIRTFFN m1) COPIES OF .SITE PLAN OP, APPROPPLIATE DRA1,VING(S) SHOWING THE FOLLOW ING WHEP.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 converdence, traffic flow -and control, and eraser zenc y access In case) of IL -Et or medical emergency. — '—L �jUF11'y located utilities are availab, or may be reasonably provided to s the proposed development. (d) Adequate screening and/or buffering will be provided to protect and provide compatibility with adjoiningproperties. (e) Signs and exterior lighting, if any, will be so designed and arranged so as 0. to promote traffic safety and to eliminate or minimize any undue glare, incompatibility, or disharmony with adjoining permitted and in compliance with all adopted codes properties ordinances. 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, ;f applicable. (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 land 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 ;rnecessary): HAA.C:'-. 1Ad A L Co Iq o 4t, I c- a6V&A_4.&,g (Zca'9 -Zj 4Cap 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. Mature 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? A RAMI4-h. J t. AM t e 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? 11 What type and how much traffic will the SE generate? 12. Are there adequate loading and unloading areas? Public Services 13, Are them adequate utilities ati ii hi 7 i tion d it . q. ate uvv u va„aL,e . Lo ,QIIUI ► and 1.a�3al:ily. 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 mna:-t.,n pubiic S__1; --- I , 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 pollution, 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. `7n Kin hnnnn 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 l7, 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 n,talif erl 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 I 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. Kurt Tezel as President My commission expires t Notary Public 1/BR RaRRRRV Rid4Hf ., iYY 9Y a3t P>s ssi ai RRRR...■..RRt MARGARET j. PUGHSE _ �aunka _ .p _�• ... ,. C`nmm# gD071581 _ 2 Expires 9/16/2011 ' "'%;F`. Florida Notary Assn., Inc ninm}�• R zzzazz:see<<'+..- "' r .>acs sa ie soR aerx xM un Cn WARftANr FOR 04 Y'1)EED-(5t.wt—y4,- M 11cc This instrument prepared by It hael M. M. Wallis, Esq., M 1 P A P t Office Box 757, Cocoa Beach, Florida 32931 Made this i0 -tv day of U> e ("o 4.1 VV A. D. 19 86 lidwern JACK C. MOLINE and CHARLOTTE MOLINE, his wife of the County of Brevard in the State Of Florida party of the first part, and SUPRA COLOR ENTERPRISES, INC., a Florida corporation whose address is: L4",2>ra_1f-.,7 Ctw&, 4.?j coeokeec 121 of the County of Brevard in the State party of the second part, OJ Florida 30iturssrt4. 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 foreve-r• 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 M4rreat the said party of the first part has hereunto set his hand*and seal the day and year first above written. t f7altbzmb Deli= b 13mmm L.S. CX �C��.M INE M 'a "E 0 INE L. S. RIZ! e 13f 5 Ommtu a Brevard IV co 3'RtrrhU Ctrtffu That on this day personally appeared before me, an officer duly aulhoriz-ed to administer oaths and take acknowledgments. SACK C. MOLZNE and CHARLOTTE MOLINE, his wife to m, -well known and known tome to be the individual described in and who executed the foregoing deed, and they acknowledged before me that they =-nut--d the same fnly ,d voluntarilythe purposes therein expressed. Zrr.mjs my hand and ofjiciai seal at Cocoa Beach of Brevard and State cfFZ-ri�da, ih;-- - im !>e A. D. 19 86 Y of IVY CommissioTI my 6=% ScPL 24, 7489 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 S2S 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 "B" From the section corner common to Sections 22, 23, 26 and 27, run Easterly along the South line of Section.23 to the of intersection with the Wstright-of-way,Point W--- eri Road AtA as now located (former! line of State r -in Northerly alongt Y State Road 401), Thence State Road AIA a istan a of 625tfeet totheNorth -line of valine 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 Fitts Qf. State Road AIA, a distance of 125 feet. Thence run Westerly parallel to the North lime of Cape Shores right-of-way, a dis- tance of 200 feet, thence run Southerly parallel 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 in Section 23, Township 24 South, g Range 37 East, Brevard County, Florida: Exhibit "A" "'-Ii"e%Sc=Oassov/Supra Color Enterprises, Inc. OFF. REC. PAGE 2755 0844 y i brevara �,olrnry f'ropercy Appraiser - umine heal instate rroperty Lard ?mel [Meet Jim Fordj LEudA et Histo�j (Appraiser's Jobj [General Info] (LAmr ndn7ent i] [Saye our Homes] [Exemptionsl [fangible Prope y] ruxationsj [Forms] ls] s] [Appea'c e rz j [Maw Search] [Maps & Data] [unusable Property] (lax Authontiesj [rax Fa_c.. sj [FnQj [Links]. [In Thg..Newsj [Tax Estimator] [Contact. Usj General Parcel Information for 24-37-23-00-00511.0-0000.00 rale i of L See Latest 4 2009 TAX ROLL Press Release CLICK }SERE Parcel Id: 24-37-23-00-00511.0- IV1ah/Ortho Aerial Millage 2660 Exemption: Use 1110 1980 N ATLANTIC AVE SUITE 0000.00 Code: City, State, COCOA BCH, FL 32931 Code.- ode:Site Vacant/Improved Book/Page Site Address: 6615 N ATLANTIC AVE, CAPE CANAVERAL 32920 Tax 2435407 Source Acct: m Site address information 1s assigned by the Brevard County Address Assignment Office for E9-1-1 purposes; this information may not reflect community location of property. Tax inforriiatiol7__is_available__at_ the__Brevard_.Couii:ty Tax.. Collector's web (Select the back button to return to the Property Appraiser's web site) Owner Information (Owner Name: (SUPRA COLOR ENTERPRISES I Sale INC Second Name: ***Sales Physical Mailing Address: 1980 N ATLANTIC AVE SUITE Amount 704 City, State, COCOA BCH, FL 32931 Zipcode: Vacant/Improved Abbreviated Description N 860.25 FT OF S 900.25 FT OF G L 3 IN SEC Sub 22 & N 8670.25 FT OF S 900.25 FT OF GL -4 IN XT ante: SEC 23 1 YIN w 0 F no T IRD 401 EX N 150 t' 1 OF E 200 FT THEREOF & ORB 1215 PG 156, 1223 PGS 734 & 736,1234 PG 286, Value Summary Land Information Acres: 2.62 Site Code: 340 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. x"" 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 1. Sales Information Official Records Sate 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) .27 1211486 K1d(1 2(1 IMF) http://www.breva'rdpropertyappraiser.com/asp/Show_pareel.asp?acct= 2435407&gen=T&... 12/22/2009 rjrevaza t-ounty rroperry Appraiser - unnne xeai Estate rroperLy caw 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 1°lttildirw l'}tnm,; PDC # Use Code Year Built Story lHeight Frame Code Exterior Code linterior lCodo Roof Type Roof Mater. Floors Code Ceiling ICode 1 1110 11995 1 151 03,01 Qa,071 03 1.0 11 031 04 Building Area Information 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 p Garage g Base Area 1 11076 0 2433 0 0 170 0 0 0 0 0 0 11076 Extra Feature Information Extra Feature Description Units FENCE 34 LOADING WELL 240 PAVING 20805 PAVING 750 kA, —Uy- rnmeu vn: 1 uesuay, occemner lL, Luuq. New Search . Help _ Jim_Fordj [budget History] [Apraise_r_s Jobj [General Info] [Amendmgn..t 1j [Save Oar Homes] [Exem titins 'ran ible Pro _er [FormP... E=§1 [Appeals[ [P. ,3 rtx Re ?arcFl [Nlap rc Seahl Nm!.A_Data] Propertyl [tax Authonties] [rati Facts] [F69j Links [in The News] [fax Estimaton tContact Us] Copyright v 1997 Brevard County Property Appraiser. All rights reserved. http J/ww-v.brevardpropertyappraiser.com/asp/Show_parcel. asp?acct=243 5407&gen=T&... 12/22/2009