DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING March 18, 2015

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1 REQUEST: Special exception request to allow a Tattoo Studio to be located within 2,000 feet of another existing Tattoo Studio or Body-Piercing Salon establishment in the Neighborhood Commercial (CN) zoning district. CASE #: Date of Briefing: March 18, 2015 Staff Recommendation: Approval of Case # Owner/Agent: Project/Location: Area: Land Use/Zoning: DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING March 18, 2015 Argyle Franks, Applicant, Harriman and Associates, Owner. 251 Minutemen Causeway 0.33 acres Neighborhood Commercial (CN) zoning district and Downtown Overlay district. Specific Request: Special Exception to the City of Cocoa Beach Land Development Code Chapter III, Article III, Section 3-10E(16) Tattoo Studios and Body-Piercing Salons, to allow a Tattoo Studio to be located in CN Neighborhood Commercial zoning district within 2,000 feet of an existing Tattoo Studio or Body-Piercing Salon establishment. A. Background The applicant, Argyle Franks, has requested this special exception, on behalf of Harriman and Associates, the property owners of 251 Minutemen Causeway, which is in the Neighborhood Commercial (CN) zoning district and Downtown Overlay district. The applicant proposes to rent a commercial space with an area of approximately 650 square feet to locate an art gallery and tattoo studio. The area utilized for the tattoo studio will be approximately 120 square feet. An existing tattoo studio does exist roughly 1400 feet from the proposed location. B. Summary of Request The Applicant s request for the project is in a letter presented as Attachment B as follows: Request is to allow the placement of an art gallery and tattoo studio at this address. The art gallery will feature local and international artists as well as the applicant s art. Approximately 120 square feet or 18.2% of the overall 658 square foot space will be utilized as the licensed, custom tattoo studio. The applicant would like this gallery to be a showcase for all local artists which exemplifies the positive aspects of life in Cocoa Beach. C. Findings of Fact for Review Prior to the Board approving any special exception, the Board must find the application meets the following special exception criteria, pursuant to Land Development Code (LDC) Section 5-57: 1. The board of adjustment is empowered, under the section of the land development regulations described in the application to grant the special exception. The Applicant s request is to locate a tattoo studio within the CN Neighborhood Commercial zoning district which is located within 2000 feet of an existing tattoo studio. This is an allowable request per LDC Chapter III, Article III, Section 3-10E(16). The Board of Adjustment is empowered to hear and decide this request.

2 2. The request is in harmony with the purpose and intent of the land development regulations. LDC Section 3-10E(16) (b) states no new/relocated tattoo studio or body-piercing salons should be placed within 2,000 feet of any lawfully existing Tattoo Studio or Body- Piercing Salon establishment. This distance shall be measured from any public entrance or exit of the new/relocated establishment in a straight line from the existing establishment. The board may consider establishments to be located closer than 2,000 feet, if by the preponderance of evidence such new or relocated establishment promotes the welfare of the community and serves to promote the preamble to the City Charter. The total rental space area is approximately 658 square feet and only 120 square feet or 18.2% of this total area will be utilized for the tattoo studio, which is less than one-fifth 1/5 th of the entire rental space area. The majority of this floor area, over 80% will be utilized as an art gallery which is compatible with the character of the downtown. 3. The request is consistent with the City of Cocoa Beach Comprehensive Plan. The request is consistent with the comprehensive plan as the subject site is designated General Commercial land use and it is within the Neighborhood Commercial (CN) zoning district. Tattoo studios and body-piercing salons may be permitted as special exception uses subject to the provisions set forth in the LDC. 4. The granting of the special exception will not adversely affect the public interest. The proposed tattoo studio will use less than 20% of the entire unit area. Staff is unaware of any instances where this proposed activity, at such a small scale, has adversely affected the public interest. 5. Per LDC Sec. 3-10E(16)(b) the board may consider establishments be located closer than the two thousand-foot standard, if by the preponderance of evidence such new or relocated establishment promotes the welfare of the community and serves to promote the preamble to the city charter. The Board, in considering approval of this tattoo studio located within 2000 feet of an existing tattoo studio, may find by a the preponderance of evidence that this use which is sought out by our visiting tourists, will promote the community s welfare and promote the preamble to the City Charter. Staff found the nearest existing tattoo studio to be within 1400 feet from the proposed new location for a tattoo studio as measured in a straight line as required by the LDC (Please see Map 3). The applicant has addressed how the proposed use of an art gallery with a small tattoo studio will enhance the tourist/visitor activity in the downtown area. D. Public Comment As of the date of this staff report, staff has not received any comments. E. Staff s Recommendation Staff recommends approval of this request (Case # ) with the following condition: 1) Tattoo studio be restricted to the small area requested of approximately 120 square feet, or less than 20% of the entire rental unit area, at 251 Minutemen Causeway.

3 F. Sample Form Motions: Motion to Approve: In Case No , I move to approve the special exception request to the City of Cocoa Beach Land Development Code Chapter III, Article III, Section 3-10E(16) to allow a Tattoo Studio be located in the CN Neighborhood Commercial zoning district and within 2,000 feet of an existing Tattoo Studio or Body-Piercing Salon establishment, with the following condition(s): 1. Tattoo studio be restricted to the small area requested of approximately 120 square feet, or less than 20% of the entire rental unit area, at 251 Minutemen Cswy. Motion to Deny: In Case No , I move to deny the special exception request due to the fact that the applicant has not satisfactorily demonstrated that all standards required by the Land Development Code Chapter III, Article III, Section 3-10E(16) and criteria, pursuant to LDC Section 5-57 to grant a special exception to allow Tattoo Studio to be located in CN Neighborhood Commercial zoning district within 2,000 feet of an existing Tattoo Studio or Body-Piercing Salon establishment, have been met. Attachments: 1. Attachment A Site Vicinity/Location Maps. 2. Attachment B Letter of Intent 3. Attachment C Survey and Layout

4 ATTACHEMENT A Map 1 - Vicinity/Property Location Map SUBJECT PROPERTY 251 Minutemen Causeway Note: Map not to scale North

5 Map 2 - AERIAL

6 Map 3 Distance from existing Tattoo Studio

7 ATTACHEMENT B Letter of Intent

8 ATTACHEMENT C Layout

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