Subject:
Title
Bhawani 2023 LLC. requests a CUP (Conditional Use Permit) for Alcoholic Beverages for On-Premises Consumption (4COP) in conjunction with a 3,719 sq. ft. bar with a restaurant and outdoor patio. (25Z00004) (Tax Account 2410497) (District 2)
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider a conditional use permit to allow for On-Premises Consumption (4COP) in conjunction with a 3,719 sq. ft. bar with a restaurant and outdoor patio.
End
Summary Explanation and Background:
The applicant is seeking a Conditional Use Permit (CUP) for Alcoholic Beverages for On-Premises Consumption (4COP) on 0.78 acres in conjunction with a 3,719 sq. ft. bar with a restaurant and outdoor patio. The applicant states, “They are seeking a CUP for Alcoholic Beverages for On-Premises Consumption (4COP) for the establishment to operate as it has been for the last at least 30 years as a bar with restaurant and outdoor patio.” The establishment previously had a Special Use Permit (SUP) for Alcoholic Beverages On-Premises Consumption (4COP), under zoning action Z-2734, which has expired.
Section 62-1906 requires an application for a CUP for Alcoholic Beverages for On-Premises Consumption in conjunction with a bar. This CUP request exceeds the Administrative Approval authority by staff due to the restaurant not having 51% or more food sales. The request is for a bar and restaurant with an outdoor patio on the subject property located on the west side of N. Courtenay Pkwy. The parcel is currently zoned BU-1 with Community Commercial (CC) FLU designation. The site has access to N. Courtenay Pkwy, a State Maintained Right-of-Way.
On-premises consumption of alcohol would be allowed on the entire property unless the Board stipulates any restrictions. The subject property was established with AU (Agricultural Residential) zoning classification with the adoption of the Brevard County Zoning Code on May 22, 1958. On October 4, 1962, the property had an approved rezoning under Z-0838, from AU to BU-1 zoning classification. On May 7, 1964, under Z-1345, the establishment was approved for a SUP (Special Use Permit) for On-Premises Consumption of Beer and Wine.
On January 28, 1971, under Z-2734, the establishment was approved for a permit to add for On-Premises Consumption of Liquor to an existing permit for on-premises consumption of Beer and Wine.
North of the subject property is 1 parcel, 0.68 acres, commercial property developed with an autobody shop, zoned BU-2 with CC FLU; South of the subject property is 1 parcel, 0.53 acres, commercial property developed with a lawn care and pest control services with BU-1 and BU-2 zoning classifications and CC FLU; East of the subject property is N. Courtenay Pkwy., a State maintained Right of Way; and West of the subject property is 1 parcel, 113.85 acres, recreational property developed as a Brevard County Park, zoned AU with REC FLU.
The Board may wish to consider the compatibility of the proposed CUP with the surrounding area. The Board may consider additional conditions, including but not limited to those identified in 62-1901(5), to help mitigate potential site impacts.
On April 14, 2025, the Planning and Zoning Board heard the request and unanimously recommended approval.
Clerk to the Board Instructions:
Upon receipt of resolution, please execute and return a copy to Planning and Development.