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Property Location: 111 E. Washington St.
(Parcel ID #26-22-29-5091-01-000, on the east
side of Magnolia Ave., between E. Jefferson St.
and E Washington St..)(±0.68 acres, District 5).
Applicant’s Request: Variance to allow on-site
sales of alcohol within 177 ft. of an established
church property , where 200 ft. alcoholic bever-
age sales separation is required in the AC-3A/T
zoning district, to open a hookah lounge.
S U M M A RY
Location Map Subject Site
Applicant
Nicholas Galotifiore, Manager
Shisha Bowl, LLC
Owner
Lincoln Orlando Holdings
LLC
Project Planner
TeNeika Neasman, Planner I
Staff Report to the
Board of Zoning Adjustment
June 23 , 2015
THE SHISHA BOWL
111 E. WASHINGTON STREET
VA R 2 0 1 5 - 0 0 0 5 8
I T E M # 4
Staff’s Recommendation: Approval of the vari-
ance, subject to conditions in this staff report.
Public Comment:
Courtesy notices were mailed to property owners
within 300 ft. of the subject property the week of
June 17, 2015. As of the published date of this
report, staff has not received public comment
concerning this request.
Updated: June 16, 2015
St. James
Catholic
Church USPS
St. Luke
Episcopal
Orlando
Public
Heritage
Square
O.C.
Regional
History
Lake Eola
Lake
Eola
Park
St. George
Orthodox
Federal Build-
ing/ Federal
Courthouse
VAR2015-00058 111 E. Washington The Shisha Bowl Page 2
FU TU RE LAN D US E MA P
ZO N IN G MA P
SUBJECT
PROPERTY
SUBJECT
PROPERTY
VAR2015-00058 111 E. Washington The Shisha Bowl Page 3
PR O JE CT AN A LYS IS Project Description
The subject property consists of a rectangular-shaped lot with a 30-story commercial office high rise in the Central Business Dis-
trict. The 29,587 sq. ft. lot ( 187.33 ft. width x 157.88 ft. depth) is developed with a 30-story commercial-office building . The
applicant desires to convert the former Therapy Brew Bar and Wine Lounge to a hookah bar/lounge. The applicant is requesting a
variance to allow on-site sales of alcohol within 200 ft. of the Orthodox Deanery Church of Florida Inc.
Project Context
The property is zoned AC-3A/T (Metropolitan Activity Center in the Traditional City Overlay District) and is designated as
Downtown Metropolitan Activity Center on the City’s Future Land Use Map. Adjacent uses consist of commercial, public benefit
use, office, religious and educational institutions. Zoning and future land use designations surrounding the subject site are de-
picted in Table 1 above.
Background:
2005: The property was acquired by current owners (Lincoln Orlando Holding LLC.)
2006: property platted as part of the Lincoln-Weda subdivision
2005: Modification of Development Standards issued for the required clear height above a sidewalk to be reduced from 11’ to 9’
at the corner of Washington Street and Palmetto.
2008: Variance granted for two different high-rise sign faces for Dynetech and Comerica Bank.
2010: A Request for a Determination to allow a minor modification to the approved Variance for the Master Sign Package
(VAR2008-00094) for high rise signs.
2012: Determination for Alcoholic Beverage Sales separation for a restaurant (One Eleven Wine & Champagne) on the subject
site
Intent of District
The property is zoned AC-3A/T, which is “intended to provide guidelines for development which strengthen Downtown as the
economic, governmental and cultural hub of the Central Florida region.” The property is also located in the Traditional City (/T)
Overlay district, which denotes those areas generally platted or developed prior to World War II. The AC-3A/T zoning district
does not have a minimum lot size, width, or depth requirement. The 29,587 sq. ft. square shaped lot conforms to code.
Analysis
The applicant intends to renovate the former Therapy Brew lounge into a hookah lounge with booth seating, tables, and open
space for live music with on-site consumption of beer and wine. The proposed entrance of the establishment is 177 feet from a
condemned church building owned by St. George Orthodox Church, per the submitted survey analysis provided by the applicant.
Section 58.705 of the LDC prohibits the sale of alcohol within 200 ft. of an established church and/or school property in the AC-
3A/T zoning district. The proposed lounge will occupy approximately 1,836 sq. ft., elevated ground floor retail space on the
southern face of the building. The proposed use is inline with the former use of the space as a full service restaurant with alcoholic
beverage sales waiver, exempting the need for a variance.
Table 1 - Project Context
Future Land Use Zoning Adjacent Use
North DT-AC AC-3A/T Commercial
Office
Multi-family
East AC-3A/T
PUB-REC-INST
DT-AC
P/T
Commercial
Lake Eola
South DT/AC P/T/
PD/T
AC-3A/T
Commercial
Office
St. George Orthodox Church
West DT-AC AC-3A/T
AC-3A/T/HP
Office
Commercial
VAR2015-00058 111 E. Washington The Shisha Bowl Page 4
PR O JE CT AN A LYS IS
Given the subject site’s proximity to Wall Street and many bars along the Downtown Orlando corridor, the proposed use is inline
with the existing character of the neighborhood. The previous tenant sold alcoholic beverages for on-site consumption as well.
Staff recommends approval of the requested variance to allow alcohol sales within 177 feet of a church, where 200 ft. is required
in the AC-3A/T zoning district; subject to conditions in this report.
AL C OH OL BE VE R AG E SA LES SEPA R AT IO N
AE R IA L PHO TO
177 ft.
St. George
Orthodox
Church
Condemned
Building
Shisha
Bowl
VAR2015-00058 111 E. Washington The Shisha Bowl Page 5
S I TE PH OTO S
Southwest view of the Dynatech Building South view of the condemned Greek Orthodox church building
Southeast view of the 1 Choice Hotel Circle parking lot View of the Dynatech stairway leading to the proposed lounge
Southeast view of the Dynatech Building, ground floor East view of the AT&T building
VAR2015-00058 111 E. Washington The Shisha Bowl Page 6
Requested Variance:
Variance of 23 ft. to allow a 177 ft. alcoholic beverage sales separation in the AC-3A/T zoning district, where 200 ft. is required.
Staff Recommendation: Approval of the variance, based on the finding that the variance meets the six (6) standards for
approval of a variance, subject to the following conditions:
1. Development shall be in strict conformance with all conditions and the site plans and elevations found in this report, subject
to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved
variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require
additional review by the BZA.
2. All applicable City, county, state or federal permits must be obtained before commencing development.
3. Appearance Review shall be required during permitting to ensure compliance with variance conditions.
4. The bar/lounge shall not exceed or be less than the 177 ft. distance separation granted by this variance.
5. Sales of alcoholic beverages is limited to on-site consumption at 111 E. Washington Street, Suite 175 and thus is prohibited
outside the 1,836 sq. ft space.
Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this
staff report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the subject
property as noted in the staff report and is not transferable to other parcels of land.
The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action
(provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does
not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other
applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all nec-
essary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire
about your next steps toward receiving a building permit.
RECOMMENDATIONS
S I T E P H O T O B Y O R A N G E C O U N T Y P R O P E RT Y A P P R A I S E R
Photo taken April 2014
VAR2015-00058 111 E. Washington The Shisha Bowl Page 7
Special Conditions and Circumstances
Special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved and which are not applica-
ble to other lands, structures or buildings in
the same zoning district. Zoning violations or
nonconformities on neighboring properties
shall not constitute grounds for approval of
any proposed Zoning Variance.
S T A N D A R D S F O R V A R I A N C E A P P R O V A L
Not Self-Created
The special conditions and circumstances do
not result from actions of the applicant. A self-
created hardship shall not justify a Zoning
Variance; i.e., when the applicant himself by
his own conduct creates the hardship which he
alleges to exist, he is not entitled to relief.
No Special Privilege Conferred
Approval of the Zoning Variance requested
shall not confer on the applicant any special
privilege that is denied by this Chapter to
other lands, buildings, or structures in the
same zoning district.
Deprivation of Rights
Literal interpretation of the provisions contained in
this Chapter would deprive the applicant of rights
commonly enjoyed by other properties in the same
zoning district under the terms of this Chapter and
would work unnecessary and undue hardship on the
applicant. Financial loss or business competition
shall not constitute grounds for approval of any
variance. Purchase of property with intent to de-
velop in violation of the restrictions of this Chapter
shall also not constitute grounds for approval.
Minimum Possible Variance
The Zoning Variance requested is the mini-
mum variance that will make possible the rea-
sonable use of the land, building or structure.
Purpose and Intent
Approval of the Zoning Variance will be in
harmony with the purpose and intent of this
Chapter and such Zoning Variance will not be
injurious to the neighborhood or otherwise
detrimental to the public welfare.
Meets Standard Yes No
Approval of this variance would not be detrimental to the public welfare due to the close proximity of the site to Wall Street and other Downtown Orlando bars. Also, the church building in question has been condemned and thus is not in use by the church for services or activities.
Meets Standard Yes No
The variance requested is the minimum possible variance allowed for the site
to be utilized for the eating and drinking use with alcohol sales.
Meets Standard Yes No
Denial of the variance would deprive the owner/applicant of rights enjoyed by
others in a similar circumstance, in that other sites (depending on when con-
structed or developed) have been approved for a distance less than 200 ft.
from a church or school in the past.
Meets Standard Yes No
Approval of the variance as requested would not confer a special privilege,
based on the special conditions and circumstances of the property.
Meets Standard Yes No
The owner has owned the property since 2005, with the property in close loca-
tion to a church building.. The owner did not create the insufficient distance
from the subject site to the condemned church property.
Meets Standard Yes No
The property consists of a mixed-use building, built in 2006, surrounded by
commercial, office, religious, and public benefit uses.
V A R I A N C E O F 2 3 F T . T O A L L O W A 1 7 7 F T . A L C O H O L I C B E V E R A G E S A L E S S E P A R A T I O N I N T H E
A C - 3 A / T Z O N I N G D I S T R I C T , W H E R E 2 0 0 F T . I S R E Q U I R E D .
VAR2015-00058 111 E. Washington The Shisha Bowl Page 8
A P P L I C A N T ’ S R E S P O N S E S F O R V A R I A N C E R E Q U E S T S
VAR2015-00058 111 E. Washington The Shisha Bowl Page 9
A P P L I C A N T ’ S R E S P O N S E S F O R V A R I A N C E R E Q U E S T S
VAR2015-00058 111 E. Washington The Shisha Bowl Page 10
A P P L I C A N T ’ S R E S P O N S E S F O R V A R I A N C E R E Q U E S T S
VAR2015-00058 111 E. Washington The Shisha Bowl Page 11
A P P L I C A N T ’ S R E S P O N S E S F O R V A R I A N C E R E Q U E S T S