DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING May 17, 2017 Agenda Item C.3

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1 REQUEST: A request for a special exception to permit a tattoo studio to be located within the CG General Commercial zoning district CASE NO: DATE OF BRIEFING: May 8, 2017 Applicant: Location: Zoning: Land Use: Downtown Subdistrict: Area: Background: David Cox, Agent 37 South Atlantic Avenue CG General Commercial General Commercial Downtown Core Unit 1,752 square feet This request, if granted would allow a tattoo studio to be located at 37 South Atlantic Avenue. The location is in the CG General Commercial zoning district, within the Downtown Core subdistrict of the downtown overlay. According to the Cocoa Beach Land Development Code (LDC) Section 2-11.E.13, a tattoo studio is a permitted use upon approval of a special exception. The applicant is the owner of the Cocoa Beach Tattoo Company LLC, which has been in business since 2013 and is currently located in Cape Canaveral. The proposal, as stated within the attached letter of intent, is to relocate within the corporate limits of Cocoa Beach and expand the business to include the retail sales of beach apparel, furniture, and accessories. One of the considerations for the Board, when deciding to approve a tattoo studio at a particular location, is the distance from another existing tattoo studio. The distance, as measured from the public entrance of one to the public entrance of another, should be 2,000 feet, but the Board has the authority to consider a location that is closer. The distance between the proposed tattoo studio and the closest existing studio is 1,730 feet, as shown on the attached map. Clarification of the Board s considerations for approval of a special exception request is provided below, and the attachments provide greater details of this special exception request. Attachments: Attachment A Site Aerial Attachment B Application Attachment C Letter of Intent Attachment D Distance Map Attachment E Proposed Location Attachment F Concept Proposal DEPARTMENT OF DEVELOPMENT SERVICES BOARD OF ADJUSTMENT BRIEFING May 17, 2017 Agenda Item C.3

2 Approval Considerations: The city s LDC Section 2-11.E.13 and Sections 4-47 and 4-48 provide the criteria by which the Board is able to approve this special exception request to allow the siting of a tattoo studio in the CG zoning district within the Downtown Core subdistrict of the downtown. These sections are provided below. ARTICLE III. - ESTABLISHMENT OF STANDARD ZONING DISTRICTS LDC Section 2-11.E. Special Exceptions. After public notice and hearing and subject to appropriate conditions and safeguards, the board of adjustment may permit the following as special exceptions: 13. Tattoo studios and body-piercing salons. When considering an application for tattoo studios and body-piercing salons, the board must consider the special exception criteria listed below, in addition to that criteria listed in section 4-48C. a. Whether the request will cause damage, hazard, nuisance or other detriment to persons or property. b. No new or relocated tattoo studio or body-piercing salon should be placed within two thousand (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 or relocated establishment in a straight line of the existing establishment. 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. c. Any other issue that is reasonably related to the nature of the request. d. If the owner of a currently existing tattoo studio or body-piercing salon, as of August 20, 2009, loses his lease or use of his building or building location through no fault of his own and is unable to find a comparable replacement site two thousand (2,000) feet from another tattoo studio or body-piercing salon, then, in such circumstances if properly established, the board shall allow such an owner to relocate to another site that may be within two thousand (2,000) feet of an existing tattoo studio or bodypiercing salon. This provision is not applicable to owners subsequent to August 20, 2009 to include those who may acquire a corporately owned tattoo studio or bodypiercing salon. ARTICLE V. - SPECIAL EXCEPTIONS AND APPEALS Section Conditions governing application and procedures. The board of adjustment shall hear and decide on only such special exceptions as they are specifically authorized to vote on by the terms of these LDC regulations; to ask such questions as are needed to determine whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate to protect the health and safety of the residents and uphold the provisions of the LDC regulations, or to

3 deny special exceptions when not in harmony with the purpose and intent of these LDC regulations. Special exception: This is a non-permitted "use" of a property which is only granted after approval by the board of adjustment when it has been determined to be compatible with the permitted use(s) on a property in a specific zoning district and it is found to not be detrimental to the surrounding properties, businesses, traffic-flows or area, to the extent that such special exception is consistent with the Comprehensive Plan and City Charter. Section Application for a special exception. A. A special exception must only be considered by the board of adjustment when a sufficient application has been submitted indicating the section of the LDC regulations under which the special exception is sought, and the grounds on which it is requested. B. After receipt of a sufficient application, the request must be scheduled for public hearing before the board of adjustment as expeditiously as possible, and no sooner than forty-five (45) days from the date of submission. C. The applicant shall provide sufficient information to staff to clearly show the board of adjustment that the four (4) requirements for authorizing a special exception listed below have been met: 1. The board of adjustment is empowered, under the section of the LDC regulations described in the application to grant the special exception. 2. The request is in harmony with the purpose and intent of the LDC regulations. 3. The request is consistent with the Comprehensive Plan. 4. The granting of the special exception will not adversely affect the public interest. D. In granting the special exception, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with these LDC regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of and punishable under the LDC regulations. E. The board of adjustment shall prescribe a time limit which in no event shall be greater than twenty-four (24) months, within which the action for which the special exception is required, shall be started and diligently pursued to completion without cessation of thirty (30) days or more. Failure to begin such action within the time limit shall void the special exception. F. Appeals to decisions made or actions taken by the board of adjustment shall be as defined below in section 4-52 of this chapter, or as further defined by chapter I, article IX as appropriate. Public Comment Written public comments, if any, received as of the date of this briefing are provided as an addendum to the packet documents.

4 Variance Sample Motions Sample motions are provided for form only and not to be considered a recommendation by city personnel. Approval conditions are subject to change, per the wishes of the Board. Motion to Approve Variance: In Case No , I move to adopt the findings in the staff report and the testimony given and approve the special exception with a reduction of the separation requirements from 2,000 feet to 1,730 feet to allow a tattoo studio to be located at 37 South Atlantic Avenue, within the CG General Commercial zoning district, with the following conditions: 1. Business operations must be in compliance with all local and state regulations. 2. Any building construction or improvements must be in compliance with building department regulations for permitting and licensing. 3. This special exception is location specific and does not transfer, should business operations need to relocate. Motion to Deny Variance: 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 LDC Section 4-48C, to grant a special exception have been met. The specific standards not met include: (state standard number and explanation).

5 ATTACHMENT A Site Aerial

6 ATTACHMENT B Application

7 ATTACHMENT C Letter of Intent, Pg 1

8 ATTACHMENT C Letter of Intent, Pg 2

9 ATTACHMENT C Letter of Intent, Pg 3

10 ATTACHMENT C Letter of Intent, Pg 4

11 ATTACHMENT C Letter of Intent, Pg 5

12 ATTACHMENT D Distance Map

13 ATTACHMENT E Proposed Location

14 ATTACHMENT F Concept Proposal

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