Agenda Item 8AAGENDA ITEM # 8A
JANUARY 10, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request from Mr. Earnest Davis, proprietor of the Voo Swar Restaurant and
Lounge, for a Waiver of Section 24- 85(d)(2) of the Land Development Regulations, which
prohibits the expansion of a non - conforming use, to allow an existing non - conforming restaurant
and lounge to increase intensity of use, by upgrading from a Series 2COP (Beer and
Wine/Package and Consumption) to a Series 4COP -SRX (Beer, Wine and Spirits/Package and
Consumption) Special Restaurant Alcoholic Beverage License, on a property located within a
Residential General, Two - Family (RG) Zoning District at 51 Robert Street.
SUBMITTED BY: Erika Hall V Michael Classey rA C.1
Principal Planner Chief of Police
DATE: January 10, 2011
BACKGROUND: Mr. Earnest Davis has been the owner of the subject property located at 51
Robert Street since at least 1963 when he obtained his first building permit to construct a
restaurant and dance hall. The Voo Swar Restaurant and Lounge is the most recent incarnation
of that public food service establishment, operating since approximately 1992, at which time it
replaced an establishment known as De'JaVu. The original zoning of the property was
commercial (Business `B "), but the zoning classification was changed to Residential General,
Two - Family (RG) in the early 1980s. Prior to that zoning change, Mr. Davis obtained a Series
2COP alcoholic beverage license, which allows for package sales and on -site consumption of
beer and wine only, and he has maintained it over the years.
Mr. Davis is now seeking to upgrade to a Series 4COP -SRX, which allows for package sales and
on -site consumption of beer, wine and spirits in association with a bona fide restaurant having
(1) 2,500 square feet of floor space under permanent cover; (2) seating for 150 patrons; and, (3)
minimum 51 % gross revenue from the sale of food and non - alcoholic beverages. As part of the
application process, the local zoning authority is required to certify to the Department of
Business and Professional Regulation, Division of Alcoholic Beverage and Tobacco (DBPR-
ABT) that the location of the establishment complies with zoning requirements for the sale of
alcoholic beverages pursuant to the license series being sought.
Within Atlantic Beach, Series 2COP licenses are generally allowed only in conjunction with full
service restaurants which are permitted in Commercial Limited (CL), Commercial General (CG)
and Central Business (CBD) Zoning Districts. Similarly, 4COP -SRX licenses are allowed only
upon approval of a Use -by- Exception within those same commercial districts. However, because
Mr. Davis' property is no longer commercially zoned; he is ineligible to apply for a Use -by-
Exception as described above. With the zoning change from commercial to residential in the
early 1980s, the restaurant and lounge use became a legal non - conforming use, and according to
Section 24- 85(d)(2) of the current Land Development Regulations, a non - conforming use shall
not be expanded or enlarged.
AGENDA ITEM # 8A
JANUARY 10, 2011
Staff interprets an increase from a Series 2COP to a Series 4COP -SRX to be an intensification of
the existing non - conforming restaurant and lounge use, and also has concerns regarding Mr.
Davis' ability to meet the conditions of the Special Restaurant license type. Specifically, while
the existing structure has sufficient space, well over the required minimum 2,500 square feet,
there has been no demonstration of permanent seating for 150 patrons, nor is there any indication
that the Voo Swar operates as a full service restaurant that can consistently report at least 51% of
gross revenue from the sale of food and non - alcoholic beverages. While these are conditions of
the DBPR -ABT license, municipalities throughout the state are experiencing an onslaught of
"restaurants in name only ", or RINOs, that obtain a license under these conditions, and then
essentially turn into a full- fledged bar without regular monitoring and enforcement by the state.
Such establishments do little to strengthen the social fabric of a community, and typically
become hot spots of delinquency and criminal activity.
In fact, numerous reports of criminal activity on and adjacent to the subject property, and
nuisance complaints associated with the current level of intensity, already undercut the strategic
goals for revitalization of the area as part of the greater Mayport Corridor Redevelopment Plan.
Such criminal and nuisance activities are well documented in historic records, and appear to have
been a serious issue for well over twenty years. In 2010 alone, Police Department records reveal
that officers have responded to the Voo Swar a total of 95 times. Officers have reported
problems during the later hours up to and including closing, at which time many disputes or
fights break out. Due to these repeated problems, patrol officers now regularly check the subject
property on the establishment's busier nights near closing time, in hopes of reducing occurrence
of criminal activity. While this measure has been somewhat successful, it is also labor intensive
and removes multiple officers from service on a regular basis. The Police Department would
anticipate an increase in the number of problems and calls for service if the beer and wine license
was expanded to include liquor.
RECOMMENDATION: Motion to deny LDRW - 2011 -01, request to waive Section 24-
85(d)(2).
ATTACHMENTS: Application for Waiver.
BUDGET: No budget issues.
REVIEWED BY CITY MAN H.
January 10, 2011 regular meeting
2
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119 =
APPL . R
DEVELO PMENT LAND REGULATIONS .
DEC
Section 24.46(d) permits the City Commission to authorize IlwAted Waivers, By
-
case -by -case basis, from a specific provision(s) of these Landoevelopment Reg-
ulations when It is demonstrated that compliance with such provision(s) would
be unreasonable, in conflict with the public interest, or a practical impossibility.
City of Atlantic Beach
A Waiver from-these Land Development Regulations may be approved only upon
800 Seminole Road
showing of good cause, and upon evidence that. an alternative to.a specific pro-
Atlantic Beach, FL 32233
vi of this Chapter shall be provided, which conforms to the general intent
(P) 904
and spirit of these Land Development Regulations. In considering any request
(F? 904.247.5845
for a Waiver from these Land Development Regulations, the City Commission
www.coab.us
.may require conditions as appropriate to ensure that the intent of these Land
Development Regulations
DATE
is enforced. A Waiver shall not modify any require-
ment or term customarily considered as a Variance or any requirement or term
S►d►'�' �"�
prohibited as a Variance, and shall be considered only in cases alternative
FILE # IAILA2L tot (_ 0 I
administrative procedures are not set forth with the City Code of Ordinances
RECEIPT 0320
1. APPLICANTS NAME
2. APPLICANT'S ADDRESS � � � . �C Ac - .-2_ 3 �
3, PROPERTY LOCATION ,� r � lei vi l i Re- A A 2-2- 33
4,-PROPERTY APPRAISER'S REAL ESTATE NUMBER I'? 2-72
S. CURRENT CLASSIFICATION
6. FUTURE LAND USE DESIGNATION
7. LDR rovision(s) from which waiver is sought:
1 -36 (a) f "D sIO'►�► o� ca.
rw coy1fo Ck Ae
8. SIZE OF PARCEL:
PARCEL FRONTAGE
PARCEL DEPTH
PARCELAREA
9. UTILITY PROVIDER
10. Statement offacts and any special reasons for the requested Waiver, which demonstrates compliance with Section 24-46(d) of
the Zoning and Subdivision and Land Development Regulations, and spectricallydescribing how the request complies with the
Conditions necessary for the C'ty Commission to aRumm this request Please use second page If additional space is necessary.
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AGENDA ITEM # 8A
JANUARY 10, 2011
, 47
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page 1 of Z
AGENDA ITEM # 8A
JANUARY 10, 2011
11. Provide the following information. Applications will not be considered complete and will not
processed until all hems have been received:
a. Proof of ownership (deed or certificate by lawyer or abstract company ortitle company
that verifies record owner-as above). If the applicant is not the owner, a letter of
authorization from the owner(s) for the applicant to represent the owner for all purposes
related to this application must be provided.
b. Survey and legal description of property.
c. Required number of copies (2).
d. Application Fee ($150.00).
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
(P) 904.247.5826
(F) 904.247.5845
www.coab.us
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT. -
- Signature of owner(s) or authorized person if owner's letter of authorization is attached:
PRINTED OR TYPED NAME(S) --
SIGNATURES)
0
6ONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION:
NAME
ADDRESS J _�-- Ro4- 4-al-1- S'
PHONE 1 0 '/ - r1r3_ FAX CELL
E-MAIL
ADDITIONAL SPACE FOR QUESTION 10:
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OWNER'S AUTHORIZATION FOR AGENT
AGENDA ITEM # 8A
JANUARY 10, 2011
is hereby authorized to act
on behalf of _ a✓te g� aLcfr,� the owner(s) -of those lands described
within the attached application, and as described in the attached deed or other such proof of
ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an
application related to a Development Permit or other action pursuant to a:
Zoning Variance ❑ Appeal
Use -by- Exception ❑. Fence or Pool Permit
❑ Rezoning ❑ Sign Permit
❑ Plat or Replat Other 1NaWr, / L-VIZ
BY: j A i
Signature of Owner ,
A pi
Print Name C�
Y
Signature of Owner P - A ,
Print Name
Telephone Number
State of Florida
County of Duval
Au
AQ1D
Signed and swam before me on this day of 2M.
By 746 AIC64 ' L> r4 I1S
Identification verified: CDRIV`c-i� 1.•f
Oath sworn: _/�� Yes No
E j No Sig tore
JOYCE M. FREEMAN tary Publ� - State of Noddy My Com mission expires: 0 � Comm. Expkea Jun 10, 201_3 �-u A) / ommission N DD 697791
AGENDA ITEM # 8A
JANUARY 10, 2011
EftiNaQNING _: s�
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Trade Name (D /B /A)
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Street Address 6 1 RbueY+ t
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City n ` G ^�, -'
County
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Zip 33
Are there outside areas which are contiguous to the premises which are to be part of the premises sought to
be licensed ?" I? Yes J(No
If this application is for issuance of an alcoholic beverage license where zoning approval is required, the
zoning authority must complete "A" and "B." If zoning is not required, the applicant must complete section.
" I
A. The location complies with zoning requirements for the sale f alcoholic beverages or wholesale
- tobacco to this application for a Series ZQ-x license.
products pursuant
Signed Date
Title
B. Is the location within the limits of an "Incorporated City or Town?" SKYes I? No
If yes, enter the name of the city or town: `&!,f! (k)
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