Subject:
Title
5125 South LLC (Arduino Cacciotti, Daniel Wasserman) requests a CUP, for Alcoholic Beverages for on premises consumption accessory to a bar and game hall in Suite #3, in BU-1 zoning classification. (25Z00021) (Tax Account 2512007) (District 2)
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Fiscal Impact:
None
Dept/Office:
Planning & Development
Requested Action:
Recommendation
It is requested that the Planning & Zoning Board conduct a public hearing to consider a request for a CUP (Conditional Use Permit), for Alcoholic Beverages (beer and wine only) for on premises consumption accessory to a bar and game hall in Suite #3, in BU-1 (General Retail Commercial) zoning classification.
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Summary Explanation and Background:
The applicant’s request is for a Conditional Use Permit (CUP) for Alcoholic Beverages for On-Premises Consumption for a 2COP (beer and wine) license in Suite 3, containing an area of 3,000 square feet of the approximately 13,200 square foot commercial flex space building. This location is the southern suite within the building complex. The applicant is projecting 100 occupants maximum.
The other businesses in the building include Brevard Business Telephone (hours are Monday - Friday 8:00 am to 5:00 pm) and a used furniture sales office, which based on information from the applicant, is more storage than an actual office. The applicant’s proposed operating hours are from 5:00 pm to 11:00 pm.
Section 62-1906 (3) expressly states: “Except for restaurants with more than 50 seats, no alcoholic beverages shall be sold or served for consumption on the premises from any building that is within 300 feet from the lot line of a school or church if the use of the property as a school or church was established prior to the commencement of the sale of such alcoholic beverages. For the purposes of this subsection, a school shall include only grades kindergarten through 12. For the purposed of establishing the distance between the proposed alcoholic beverage use and churches and schools, a certified survey shall be furnished from a registered engineer or surveyor. Such survey shall indicate the distance between the front door of the proposed place of business and all property lines of any church or school within 400 feet. Each survey shall indicate all such distances and routes.” Staff analysis has determined the provided survey shows that there are no churches or schools within 300 feet from the bar to the lot line of a school or church and 400 feet between the front door of the proposed place of business and all property lines of any church or school within the area of this CUP request.
The Board may wish to consider if the request is consistent and compatible with the surrounding area. The Board may also wish to consider whether additional requirements are appropriate, consistent with Section 62-1906(5), Brevard County Code of Ordinances, which states “when deemed appropriate, as based upon circumstances revealed through the general and specific standards of review set forth in this division, the Board shall have the option of imposing operational requirements upon an establishment approved for a conditional use for on-premises consumption of alcoholic beverages. Requirements may include, but are not limited to, the following: maximum number of patrons; hours of operation; limitations upon outdoor seating and service of alcoholic beverages; limitations upon outside music and/or public address systems; additional buffering requirements; additional parking requirements; internal floor plan arrangement; or other specific restrictions based upon special neighborhood considerations.”
The Board of County Commissioners will consider the request on Thursday, September 04, 2025, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None