CITY COUNCIL AGENDA ITEM
Memo Date: September 5, 2024
Agenda Date: September 10, 2024
Prepared By: Anthony Garganese, City Attorney
Through: Stockton Whitten, City Manager
Requested Action:
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Approve Final Development Order reversing the Board of Adjustment’s decision and denying Farm Bar, Inc.’s application for a Special Exception application for a “bar or lounge, with or without a package store” at 638 Brevard Avenue, Cocoa, Florida.
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BACKGROUND:
Farm Bar, Inc. (“Applicant”), submitted a special exception application pursuant to Appendix A, Zoning, Article XI, Section 13(c) and Section 22(F) of the Zoning Ordinance of the City of Cocoa (“City Code”), seeking to operate a bar or lounge, limited to serving beer and wine on the Subject Property located on Brevard Avenue in the historic Cocoa Village within the City of Cocoa. The Subject Property has Tax Parcel ID 24-36-33-85-*-A and is 0.19 acres in size.
On May 15, 2024, the City of Cocoa’s Board of Adjustment (BOA) held a duly noticed public hearing on the special exception application filed by the Applicant. The BOA approved, with conditions, the special exception application as well as an off-street parking waiver for the Subject Property related to the elimination of the preexisting parking spaces. In addition, on the same evening, the BOA denied a variance request by the Applicant related to the erection of shade structures within the setbacks on the Subject Property. However, Alex Greenwood, an interested party, filed an appeal of the Board of Adjustment’s decision.
On August 27, 2024, a public hearing was duly noticed and held before the City Council of the City of Cocoa (“City Council”) pursuant to Appendix A, Zoning, Article XVIII, Section 1, of the Zoning Ordinance of the City of Cocoa regarding the appeal filed by Aleck Greenwood of the Board of Adjustment’s decision approving with conditions a Special Exception application for a “bar or lounge, with or without a package store” at 638 Brevard Avenue, Cocoa, Florida.
Having heard the arguments, evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the City Council on August 27, 2024, the City Council unanimously reversed the decision of the Board of Adjustment and denied the special exception request. Council directed that its decision be memorialized in a written final order and brought back for Council’s approval at this meeting. The proposed Final Order is attached to this Agenda Item.
Staff and the City Attorney recommend approval of the proposed Final Order consistent with the City Council’s decision at the last meeting.
STRATEGIC PLAN CONNECTION:
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
On August 27, 2024, the City Council reversed the Board of Adjustment and denied the special exception subject to the written Final Order being approved at this meeting.
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RECOMMENDED MOTION:
Recommendation
Approve Final Development Order reversing the Board of Adjustment’s decision and denying Farm Bar, Inc.’s application for a Special Exception application for a “bar or lounge, with or without a package store” at 638 Brevard Avenue, Cocoa, Florida