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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 4_ L. _fJ (/g 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. 1ne pro � ��- ��ef vt vs;n�.SS ti s n'��,�5 �. I'v s wtP Inc- A+ca,,x �4� S n � C`.,asp �iQ fvt 6 y r �' Si G�� (. T ke LvS e -ss Oo rr•ari - E h j 5. er-ves -pop t 6,e t A�e. 2 `s f c�6���� 'kG r� ce�U� c, l; c „ iSr' S�� r`'►I` -�� ['t:� : f'S Zvi Or Gd r (v .. t om �r�:tS�? ��S;:,ass �:,�'� zv �: '/':✓i �� a�n ;?�� �i: �� /,�, AGENDA ITEM # 8A JANUARY 10, 2011 , 47 6x/-*- r',I 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: 4 t(n0D . C --7 s-e b e "VI s f is y C o P 5 ,e )c & 1% i o'd K/ /?,e/ / r P P f he Dr 4 1q1 eohol Eev4t Tv t7iCCv Li LegSinE r � &B hn P<- ge-- ti �^ /el ;P1 �� � ) a 5 c � ss �I. f 6 �� �� .� page 2 of Z 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� . �"#)::l �Et�t7i1411F�fi7-` ��1gY�NONINi's:AUlfiit`3��TY,ts [ �ll�fa� (O�fR8El51N�SS`1:'�f��#'IOI+T _` Trade Name (D /B /A) 6 r 2s �V- Ohick Lo Street Address 6 1 RbueY+ t T` City n ` G ^�, -' County Sti 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) 12