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1013 Atlantic Boulevard UBE-2006-04 Staff Report CDB  COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT August 15, 2006 Public Hearing Use-by-Exception, Landshark Café (File Number UBE-2006-04) To: Community Development Board From: Planning, Zoning and Community Development Department Date: August 7, 2006 Subject: UBE-2006-046 Applicant: Landshark Café 1013 Atlantic Boulevard Atlantic Beach, Florida 32233 Requested Change: Request for a Use-by-Exception to allow for on-premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District. Location: 1013 Atlantic Boulevard within the Atlantic Village Shopping Center. Surrounding Zoning: Commercial General (CG) Surrounding Land Use: Various commercial uses. STAFF COMMENTS AND RECOMMENDATION This request seeks approval of a Use-by-Exception to allow for the on-premise consumption of beer and wine only in association with a restaurant in an existing commercial space. The space has formerly been occupied by several restaurants, all of which had a beer and wine (2-COP) license, however, since the space does not now hold a current Occupational License or 2-COP DABT license, a new Use-by-Exception is required in accordance with Chapter 3 (Alcoholic Beverages) of the City Code. Staff recommends approval of this request, in that on-premise consumption of beer and wine is typical to the proposed restaurant use, and the use is consistent with other restaurant and retail uses in the general area. SUGGESTED ACTION TO RECOMMEND APPROVAL The Community Development Board may consider a motion to recommend approval to the City Commission of this Use-by-Exception to allow for on-premise consumption of beer and wine in association with a restaurant within the Commercial General (CG) Zoning District located at 1013 Atlantic Boulevard within the Atlantic Village Shopping Center, provided: (Provide findings of fact similar to the following, and attach conditions as may be appropriate.) Approval of this Use-by-Exception is in compliance with the requirements of Section 24-63, Zoning and Subdivision and Land Development Regulations for the City of Atlantic Beach and also Section 24-111, the Commercial General District Regulations. The request is not contrary to public interest and is not detrimental to the health, safety and welfare of general public. The proposed use is compatible with adjacent properties and other properties within the surrounding area. The proposed use is not in conflict with the City’s Comprehensive Plan and is consistent with the Commercial Future Land Use designation.