CITY COUNCIL AGENDA ITEM
Memo Date: August 22, 2024
Agenda Date: August 27, 2024
Prepared By: Lucilene Ribeiro, Planner
Through: Stockton Whitten - City Manager
Requested Action:
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Consideration of an appeal of a Board of Adjustment decision approving a Special Exception for a bar or lounge in the CBD-CVO zoning district and the Cocoa Village Subdistrict in accordance with Appendix A, Zoning, Article XI, Section 13(C) and Section 22 (F) of the City of Cocoa Code. The City Council shall conduct the appeal hearing in accordance with Appendix A, Zoning, Article XVIII, Section 1. ...End
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BACKGROUND:
On June 13, 2024, Aleck Greenwood ("Appellant") filed an appeal challenging the Board of Adjustment's (BOA) decision to grant with conditions a Special Exception for 638 Brevard Ave "The Backyard", permitting the establishment of a bar or lounge with or without a package store in the CBD-CVO and Cocoa Waterfront Overlay District, Cocoa Village Subdistrict to operate an outdoor beer and wine bar. It should be noted that the BOA approved with conditions the Special Exception application as well as an off-street parking waiver for the same property on May 15, 2024. In addition, on the same evening the BOA denied a variance request related to the erection of shade structures within the setbacks on the property. Neither the decision on the parking waiver nor the variance was included within the Mr. Greenwood's appeal and are final decisions of the Board of Adjustment.
A special exception is defined as a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. App. A, Zoning, Article V. "Bars or lounges, with or without a package store" requires a special exception permit in the CBD-CVO ...
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