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File #: 6627   
Type: Public Hearing Status: Adopted
File created: 2/22/2024 In control: Natural Resources Management
On agenda: 3/12/2024 Final action: 3/12/2024
Title: Request for Public Interest Determination (PID) for the Marker 99 restaurant, formerly known as Captain Katana's, Inc., to allow an approximately 122 square foot deck expansion, exceedance of 30 percent impervious areas within the surface water protection buffer (Buffer), and an exception to the Natural Resources Management (NRM) stormwater management requirement. (District 4)
Attachments: 1. 22-001 Brevard County PID Request 2-23-24-signed.pdf, 2. Excerpts_fromMarker 99 Parking 1-22-24 Digitally Signed.pdf
Subject:
Title
Request for Public Interest Determination (PID) for the Marker 99 restaurant, formerly known as Captain Katana's, Inc., to allow an approximately 122 square foot deck expansion, exceedance of 30 percent impervious areas within the surface water protection buffer (Buffer), and an exception to the Natural Resources Management (NRM) stormwater management requirement. (District 4)
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Fiscal Impact:
None.
Dept/Office:
Natural Resources Management Department
Requested Action:
Recommendation
Staff requests the Board of County Commissioners consider options for a PID as requested by Monroe Engineering, Inc. (Applicant), on behalf of IR Tiki 2, LLC, for Marker 99 restaurant and tiki bar at 4263 N Highway 1, Melbourne (Tax Account Numbers: 2611662 and 2611664).
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Summary Explanation and Background:
The Applicant's submittal (attached) presents the request for a PID in accordance with Chapter 62, Article X, Division 3, Section 62-3668(3) for the Board's consideration to allow a deck expansion, further exceedance of 30 percent impervious areas within the Buffer, and an exception to the NRM stormwater management requirement for the first inch of runoff from the back lot to the Buffer.

The site is situated on the Indian River Lagoon (IRL), a Class III water in this location with a 25-foot Buffer per Section 62-3668(2). The site was originally developed in 1978. Between the mid-1990s and 2020, the restaurant operated as Captain Katana's, with a dock and boat slips for customers. About one-quarter of the restaurant building, about half of a tiki hut, and most of the east wood decking are situated within the Buffer, making it nearly all impervious. Section 62-3668(3) limits impervious areas to a maximum of 30 percent of the required buffer area.

The current owners purchased the property (with its non-conforming structures) in May 2020 and renamed the business to Marker 99, to revive the defunct commercial working waterfront. The property owners conducte...

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