21-Beach Diner ParkingEAKIN
& SNEED
ATTORNEYS AT LAW
599 ATLANTIC BOULEVARD, SUITE 6
ATLANTIC BEACH, FL 32233
December 18, 2015
Jeremy Hubsch
Building and Zoning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: Beach Diner
Dear Mr. Hubsch:
PAUL A4. EAKIN, P.A.
JEFFREY J. SNEED. P.A."
BANDA DELANE NADEAU
"BOARD CERTIFIED
CIVIL TRIAL LAWYER
TELEPHONE: 904-247-6565
TELECOPY: 904-247-6535
This letter is written on behalf of my client Barry Adeeb d/b/a
Atlantic Beach Diner, Inc. and pursuant to your request that he
document the argument he made to you the week before last
concerning the changes in the zoning code concerning required
parking space versus seating requirements under the Atlantic Beach
Zoning Code.
As you probably already know, in 1997 when Mr. Adeeb opened the
Beach Diner the Atlantic Beach Code required one parking space for
every two seats in a restaurant. See Section 24-161(15)(1997).
At that time, Mr. Adeeb added the 900 square feet to the building
which accommodated 94 seats on the interior of building and 28
seats on the patio of the building for a total of 122 seats. Under
the Code in existence in 1997 this allowed him 61 parking spaces at
his location.
In fact, the 61 parking space requirement continued until the Code
was changed in 2002 when the City put into effect the 1 parking
space for every 4 seats applying to restaurants. By that time, Mr.
Adeeb had opened and maintained his business for a period of some
5 years relying on the City's parking requirements and other Code
sections.
Gate, through its experts in the litigation, has argued
consistently that Mr. Adeeb is an outparcel and further that he is
a restaurant and as such that he is subject to the City's
requirements concerning restaurant parking. Mr. Adeeb's position
Jeremy Hubsch
Building and Zoning Director
City of Atlantic Beach
December 18, 2015
Page 2
is that if he is to be subject to the City's requirements
concerning parking for restaurants then he is to be subject to
those that were in effect at the time he opened and spent his money
to improve the property and at the time he sought and was given
permits by the City to not only build but to run his business from
that location. The City simply cannot change the rules of the game
in 2002 when Mr. Adeeb was at that time 5 years into a business
that had operated under the same parking requirements for that
length of time.
Sincer
Pau, M. Eakin
PMS•/tjj
rs,