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Agenda Item 8A61A 4 ITLV �M a. Itt -Ir 1 MR 4 All. % - �{fyY1�!��f�'Y.'r yT sir' '�i fr ' 4r 'I F�•: r .l l� �}s lJi } I1 5 . % ` tip i. i � ' -•5 � ZiY: Y4YfYy�r+Z L �1'>�•�I�+�� Ji1 wl 71 A 1j; 11 ol ;, - t t n , s.���!r � +f' Y r . - "� * . y' �_ :A �. f.. yl :r •t'Jy ,. :7• I :7' .1 .I.:1��14''� -iS. .} li Ul ol �t, k . . . . . . NP opi:: , r,[Fr�;�. W�•'i' N.x ` r _�Y�l�.i J M1 f•i 17'- i�. _ . � . 7 � - . I•Ir irk - P �.l 15 gr N t, i -,I L! (P,+ 11 ;L L I .�j r 1 "ArMl 1 9 , �k 47 PV 1 4* , K ir 1-r - L f1 Ll I :111 Y`Yir F S �x� t t. f � l � . 7�X�4�� r i }�_ 5 .�`I,r :� { Sk��,`� ;':rJ ", .1. .ti -f''� ��r.:• ��ti': .y� 5.�� �.�� +r:` YI' 4M rt'i?!� L ° � n l` = '�{�. � •1�`T n•iss•' ti p '. �ri5+r r� ��i:' I„y:�'n;.. + af n Ap WQ r 1 4 ITLV �M a. Itt -Ir 1 MR 4 All. % - �{fyY1�!��f�'Y.'r yT sir' '�i fr ' 4r 'I F�•: r .l l� �}s lJi } I1 5 . % ` tip i. i � ' -•5 � ZiY: Y4YfYy�r+Z L �1'>�•�I�+�� Ji1 wl 71 A 1j; 11 ol ;, - t t n , s.���!r � +f' Y r . - "� * . y' �_ :A �. f.. yl :r •t'Jy ,. :7• I :7' .1 .I.:1��14''� -iS. .} li Ul ol �t, k . . . . . . NP opi:: , r,[Fr�;�. W�•'i' N.x ` r _�Y�l�.i J M1 f•i 17'- i�. _ . � . 7 � - . I•Ir irk - P �.l 15 gr N t, i -,I L! (P,+ 11 ;L L I .�j r 1 "ArMl 1 9 , �k 47 PV 1 4* , K ir 1-r - L f1 Ll I :111 Y`Yir F S �x� t t. f � l � . 7�X�4�� r i }�_ 5 .�`I,r :� { Sk��,`� ;':rJ ", .1. .ti -f''� ��r.:• ��ti': .y� 5.�� �.�� +r:` YI' 4M rt'i?!� L ° � n l` = '�{�. � •1�`T n•iss•' ti p '. �ri5+r r� ��i:' I„y:�'n;.. + af n Ap WQ r 1 AGENDA ITEM # 8A JANUARY 24, 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 A C January 10, 2011 regular meeting 2 ® v PC AGENDA ITEM # 8A JANUARY 24, 2011 Section 24 -46(d) permits the City Commission to authorize litd Waivers, case* basis, from a specific provisions) of these Land 'Development 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 Waiverfrom_these Land Development Regulations may be approved only upon 800 Seminole Road showing of good cause, and upon evidence that.an alternative too specific pro- Atlantic Beach FL 32233 vi of this Chapter shall be provided, which conforms to the general intent (P) 904.247.5826 and spirit of these Land Development Regulations. In considering any request (F) 904.247584S www.coab.us for a Waiver from these Land Development Regulations, the City Commission -.may require conditions as appropriate to ensure that the intent of these Land DATE Development Regulations is enforced. A Waiver shall not modify any require- ment or term customarily considered as a Variance or any requirement or term ��, prohibited as a Variance, and shall be considered only in cases where alternative FILE ti t�� 20t 1— a i. administrative procedures are not set forth with the City. Code of Ordinances RECEIPT f 0320 1. APPLICANT'S NAME 2. APPLICANrS ADDRESS 35 t 3. PROPERTY LOCATION l�O � � �j 41 AG, l 7 i f l . `'l A 3 ZZ 4..PROPERTYAPPRAISER'S REAL ESTATE NUMBER - 7 222 it — 00 1 0 00- 5. CURRENT ZONING CLASSIFICATION es 6a C Herod 6. FUTURE LAND USE DESIGNATION (` L — Qqst �m 7. L 1 L provision(s) from which waiver is sought: b `� Pe &lw e ! " V✓ lL�� �a--/ rD 1C0nNVrV4 (.t.L-f 8. SIZE OF PARCEL: PARCEL FRONTAGE PARCEL DEPTH PARCELAREA 9. UTILITY PROVIDER �.�, ���� ;� „ n f. 10. Statement offacts and any special reasons forthe requested Waiver, which demonstrates compliance with Section 24 -46(d) of the Zoning and Subdivision and Land Development Regulations, and specifically describing how the request complies with the Conditions necessary forthe City Commission to approve this request Please use second page if additional space is necessary. prod -e'f / 7- ­ 5 3..&el7 �v�r� tn� S: Esc 1 i v\ . A : n:� Ct w ►S a � p fv i tv� C S GPI % c (. The c� rr eA -Pti 5- -erveS` -F©ec( 6, er Z 4- F .s ` ?Gc +v rice =V� a U c.�y5e + S ff e r" �iKecl [���%(5 ` rv� � ( o: �F f � �r CE$$ re C%L page 1 o 2 AGENDA ITEM # 8A JANUARY 24, 201 I 1 Provide the fallowing information. Applications will not be considered complete and will not _ processed until all items have been received: a. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owneras 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 properly. 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 - I 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) -- s7Z 9T `✓� SIGNATURE(S) n t , C ONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION: NAME ADDRESS PHONE E -MAIL -` iLt'?bg , � I'2.S`T LLA t e U. �j cc. ( cap . CC5,11 ADDITIONAL SPACE FOR QUESTION 10: �} C5 / y e � [ � SutJ� Lt � S C. CJ P / S � � 1 � �j yf 6 '014.0 60 + � u . Pr� '� �? �`�P Gt �t 1 � 4 f ri✓ / 4 � '119p f cLr< < l b-e A t . � t? S vi r1 ' f� S U b !�h ' to h �`l) C.0 J ! L C' n s[ l7 L, ° ��� y � ( �f �tij r cj �� t7.i c �.- l me-s page Z of Z 14 FAX CELL AGENDA ITEM # 8A JANUARY 24, 2011 a .OWN7EW S AUTHORIZATION FOR AGENT o is hereby authorized to act on behalf of (� � 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 R. Fence or Pool Permit ❑ Rezoning ❑ Sign Permit ❑ Plat or Replat Other - fti 29- BY: d Signature of Owner�� D �� 1 �� Print Name Y Signature of Owner Print Name c/ �7�� — �S/ Telephone Number State of Florida County of Duval {� u Signed and sworn before me on this _ day of, 299. By � � i /Q5+ ' L>r4 thS Identification verified: ZU t 2,0 - 31 11� 3 _ AGENDA ITEM # 8A JANUARY 24, 2011 z 1r 1i1T 7 Q ING °. OMFLE'��D -�31f THr_�t?NING A[11•HORI i Y :Gb]7'ERNl�11� X.OT�RSU$111N L4CA'FIO.; . >' Trade Name (D /B /A) - , ..:. Street Address -city P IOwaH C �m� C my vii t St .. Zip de 22 33 Are there outside areas which are contiguous to the premises which are to be part of the premises sought to be licensed ?" 0 Yes XNo If this application is for issuance of an alcoholic beverage license where zoning approval is required, the zoning authority must complete 'Wand `13." If zoning is not required, the applicant must complete section uB;n y A. The location complies with zoning requirements for the sate f alcoholic beverages or wholesale - tobacco to this application for a Series 3( C license. products pursuant ,OQ Signed Date Title B. Is the location within the limits of an "Incorporated City or Town?" Yes No ,,❑tt�� If yes, enter the name of the city or town: 1t�AAt^1 l�v► 12