the shisha bowl ashington street - orlando€¦ · zoning district, to open a hookah lounge....

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

FU TU RE LAN D US E MA P

ZO N IN G MA P

SUBJECT

PROPERTY

SUBJECT

PROPERTY


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


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


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


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


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.


The variance requested is the minimum possible variance allowed for the site

to be utilized for the eating and drinking use with alcohol sales.


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.


Approval of the variance as requested would not confer a special privilege,

based on the special conditions and circumstances of the property.


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.


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 .


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

the shisha bowl ashington street - orlando€¦ · zoning district, to open a hookah lounge....

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