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08-20-85 v MINUTES OF THE ADVISORY PLANNING BOARD CITY OF ATLANTIC BEACH August 20, 1985 7:00 P.M. CITY HALL Present: W. Gregg McCaulie, Chairman Comissioner John W. Morris, Jr. Mrs. Ruth Gregg Ron D. Gray And: Richard C. Fellows, City Manager Rene' Angers, Secretary And: Alan Jensen Bob Duss Absent: Guy M. Jennings Chairman McCaulie called the meeting to order at 7:15 p.m. He asked if there were any comments or corrections to be made to the minutes of the meeting of June 18, 1985. There being none, Ron Gray motioned that they be approved as presented. Ruth Gregg seconded the motion which carried unanimously. The Chairman called the Board's attention to the New Business before the Board. NEW BUSINESS Request for Use by Exception for a restaurant in a Commercial Limited zoning district - M.B. Investments, Inc. , and First Coast Equities, Inc. Alan Jensen introduced himself and stated that he represented the present owners of the property. He introduced Bob Duss as representative of the prospective purchasers. Mr. Jensen stated that the purchasers wish to have a "drive-thru only" restaurant on the site which is located on the southeast corner of Cornell Lane and Mayport Road. Ron Gray declared a conflict of interest but stated that he would vote. Ruth Gregg asked the proposed hours of the restaurant. Mr. Duss replied that the hours would be determined by supply and demand, but it would probably be in the range of 6-7:00 a.m. to 10-11:00 p.m. Mrs. Gregg expressed concern that the noise would disturb the nearby residents. Ron Gray asked Mr. Duss if he was familiar with a similar operation on North Main Street. Mr. Duss replied that it would be the same basic concept but felt theirs would be of better quality. Advisory Planning Board August 20, 1985 Page 2 Ron Gray asked if they would sell beer or wine. Mr. Duss replied that they would not sell beer or wine. Mr. Gray asked if the ingress and egress would be strickly from Mayport Road. Mr. Duss replied that they had not yet prepared a site plan, but felt there was a possibility of some egress onto Cornell Lane. Chairman McCaulie suggested that the petitioners prepare a site plan for the Commission's review. There being no further discussion, Ron Gray motioned to recommend approval of the request. Commissioner Morris suggested that the notion be subject to submittal of a site plan indicating a definite plan of ingress and egress. Ron Gray amended his notion to reflect Commissioner Morris' suggestion. Ruth Gregg seconded the notion. Chairman McCaulie asked if there would be parking available for employees. Mr. Duss replied that there would be parking for employees only. Chairman McCaulie called the vote. The notion to recommend approval of the request, subject to submittal of a site plan indicating a definite plan of ingress and egress, carried unanimously. i. i. * Sof j. J * .3. .t n .3 * * MISCELLANEOUS BUSINESS Ron Gray stated that the City had granted use by exceptions for the sale of alcoholic beverages to two restaurants, Ragtime and Capriccio, and that Ragtime is in the process of expanding into an adjoining unit and that Capriccio plans to expand in the future. He asked if the use by exceptions carry over to expansions of the operations. Commissioner Morris felt that the City Attorney should answer the question and suggested that he motion to direct the question to the City Attorney. Ron Gray so roved. Gregg McCaulie seconded the notion. A discussion followed. Ron Gray asked the position of the City on outside drinking of alcoholic beverages. He stated that Ragtime has an hour to hour and fourty-five minute waiting period for tables and that they are selling beer and wine for consumption on the sidewalk area while patrons wait. A discussion followed. Chairman McCaulie asked that the City Attorney be consulted as to 1) whether a use by exception has to be a continuing request, 2) if the answer is yes, whether or not the City needs to immediately notify the person that was issued a permit for expansion, with the probable assumption that they didn't Advisory Planning Board August 20, 1985 Page 3 need a use by exception to expand, to prevent him from any further monetary loss, and 3) to find out whether or not it is in the Code of the City to allow patrons to purchase beer or wine and go outside to consume it. There being no further business to cone before the Board, Chairman McCaulie adjourned the meeting at 7:50 p.m. � r(j-(.0.13V W. Qre McCa il' , Chairman. NAV ,;a CITY OF titer JCaGIi - ?I471 14 k 716 OCEAN BOULEVARD - - - - - - -- - -_ P.O.BOX 25 ATLANTIC BEACH,FLORIDA 322 �r4 ` TELEPHONE(904)249-2395 r+ L►� August 23 , 1985 C cnvA110 ,11-IS Mayor William S. Howell and Members of City Commission Atlantic Beach, Florida 32233 Re : Ragtime Exception for Sale of Beer and Wine Dear Mayor Howell and Members of City Commission : The Mayor has requested my opinion concerning the expansion or extension of the premises at the corner of Atlantic Boulevard and Ocean Boulevard which was granted an exception to the zoning regulations by the City Commission on February 14, 1983 for the sale of beer and wine for consumption on premises. We have reviewed the records of the City and facts surrounding this matter and in our opinion there is no violation of the zoning regulations by virtue of the enlargement of the restaurant facilities at the above location. It is also our understanding that a building permit was issued by the City for the construction of the addition to the restaurant called "Ragtime" in compliance with the building code and the owner has expended considerable sums of money in reliance thereon. The application for an exception, filed by the lessee's on January 1 , 1983, described the premises as to which the use by exception was requested as follows : "The southerly 15 ft . of lot 7 , all of lot 8 , and that certain unnumbered lot -1-Ying south of lot 8 , all on block 35 , Atlantic Beach, as recorded in plat book , page 69 , of the current public records of Duval County, Florida" (underscoring supplied) The Advisory Planning Board recommended approval of the application for exception at their meeting of February 8, 1983 , and the City Commission approved the application and granted the permit at its meeting of February 14, 1983 , with no negative votes or any conditions or limitations thereto. -' '� CITY OF 7-‹....,..,--- . ...1 _11) frec Cad - ?(0uda k _____________� 7IGOCEAN BOULEVARD P.O.BOX 26 ATLANTIC BEACH,FLORIDA 32233 t .i,�....��.-� _J1� TELEPHONE(904)249-2395 Mayor William S. Howell and CLAUDE L MUILIS Members of City Commission Page 2 August 2 ':'1l'85 Therefore, it is my opinion that the exception to serve beer and wine granted includes all of lot 8, and there is no further action required by the City Commission. Sincerely, G�,......--cf7 C aude L. T1u11>_s CLM/dp . cc : Richard Fellows Renee Angers _ FORM 4 MEMORANDUM OF VOTING CONFLICT LA AME-FI: NAME-MID OLE NAMEAGENCY is unit of: DATE ON WHICH VOTE OCCURRED • ( i 1• El STATE August 20, 1985 MAILING AD ESS NAME OF PERSON RECORDING MINUTES e p!t PI\ cbV N!' DCOUNTY Rene' Angers ( ZIP COUNTY �� TITLE OF PERSON RECORDING MINUTES V 1 NV4 lT L.� \ e 6��� MUNICIPALITY Recording Secretary NAME OF AGENCY SPECIFY AI �/` v kmi 0 ❑OTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private,or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: V�c Q '� c� c c k=� -' ') o (z. r aA V (Z A^ , 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: (‘`) t\N eS� MVAte; i: iI9, Npz.c 3. Person or principal to whom the special gain described above will inure: � a.D Yourself b.EVPrincipal by whom you are retained:�,v'/2�L 17,41 O/t-/ (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH HE VOT OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict ofintPrest arises;if you vote,however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 4-REV. 12-79