09-26-95 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH , FLORIDA
SEPTEMBER 26, 1995
7 : 00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Pat Pillmore
Mary Walker
Mark McGowan
Leonard Grunthal
AND Alan Jensen, City Attorney
George Worley , II , CD Director
Pat Harris , Recording Secretary
ABSENT Sharette Simpkins
Chairman, Don Wolfson, called the meeting to order and asked
for approval of the minutes from the meeting of August 15 1995 .
Upon motion duly made and seconded the minutes were approved.
The Chairman welcomed new member Leonard Grunthal .
NEW BUSINESS
I . Application for Variance filed by George Bull , Jr . , on behalf
of John G. McGiffin to construct a covered deck addition to an
existing nonconforming structure located at 1303 Beach Avenue.
George Bull introduced himself to the board and stated the
applicant desired to construct a one story porch addition to an
existing nonconforming residence. He stated that the proposed
addition will not increase the nonconformity of the structure.
After discussion, Mr . McGowan moved to grant the variance . Mr .
Frohwein seconded the motion and the variance was granted by a vote
of 5 - 1 .
II . Application for Use-by-Exception filed by 363 Associates Ltd. ,
to operate a 200-seat restaurant with valet parking at property
located at 363 Atlantic Boulevard.
Paul Ferber introduced himself to the board and explained that the
City Commission granted a use-by-exception to proposed tenant , Ted
Johnson, with reduced seating of 200 seats , requiring valet parking
as necessary . Due to the fact that Mr . Johnson is no longer a
proposed tenant , a use-by-exception is being requested by 363
Associates Ltd. , owner of the property for the same use-by-
exception.
Mr . Ferber stated that he had an agreement with Pam Bingemann
Realty located at 408 Atlantic Boulevard for 35 offsite valet
parking spaces . He indicated to the board that if the agreement
with Pam Bingemann terminated that he would use good faith efforts
to replace the spaces .
Mr . Ferber told the board he would be willing to reduce the seating
capacity to 175-seats . In addition he would not put another
restaurant in the center besides the restaurant formerly known as
Heaven on Earth.
After discussion, Mrs . Pillmore moved to recommend approval of the
use-by-exception to the applicant for the structure with the
restaurant not to exceed 175 seats with the condition that the
second restaurant not exceed its existing seating capacity . The
recommendation would also include the owner 's good faith efforts
to include valet parking for 35 offsite parking spaces . There
being no second the motion died.
Mr . Ferber indicated that he had an option to purchase two 4COP
liquor licenses but he will operate the restaurant with an SRX
license .
After further discussion, the Chairman moved to recommend that the
use-by-exception be granted to the applicant for a 175-seat
restaurant with 32 off-site valet parking spaces with the owner
making a good faith effort to replace the off-site parking if
necessary; that the restaurant be operated under an SRX alcoholic
beverage license, and with the condition that no other restaurant
space be utilized other than the existing Heaven on Earth space
presently vacant . Mr . McGowan seconded the motion and upon a role
call vote the motion passed unanimously .
There being no further business to come before the board on motion
made it was adjourned.
S I GNED: zck1M
�-�-C•C C�C� �.L%�
ATTEST: /��