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751 Atlantic Boulevard UBE-2005-03 Order March 29, 2005 Glen Trotter OUR Properties, Inc. 2275 Atlantic Boulevard Neptune Beach, Florida 32266 Re: City Commission meeting and action on Use-by-Exception Dear Glen: This letter serves to confirm that the City Commission, at their meeting on Monday, March 28, 2005, approved your application for a Use-by-Exception (File UBE-2005-03) to allow Live Entertainment for a comedy club and entertainment theatre in an existing building (formerly the Atlantic Theatre) and also on-premise consumption of Alcoholic Beverages, beer and wine on a developed site within the Commercial General (CG) Zoning District and located at 751 Atlantic Boulevard. This approval was granted subject to the following conditions: The Applicant shall be responsible for assuring that Live Entertainment, as defined within Section 24-17 of this Chapter, shall not occur, which may be reasonably foreseen to have objectionable operational characteristics, particularly with respect to this property’s close proximity to residential neighborhoods, as such activities may result in deleterious impact upon property values and the quality of life in such surrounding areas. Activities or events shall not include outdoor amplified music or other outdoor Live Entertainment. Live Entertainment activities or events shall not include performances, exhibits or contests that place a dominant or primary theme on fighting, wrestling or any activity characterized or distinguished by an emphasis on matter depicting sexually oriented or sexually related activities. I would also remind you of the City Commission’s admonition that the club’s management be mindful of appropriate separation of events that may be held in conjunction with the Foundation Academy and other events where alcohol is served. Please feel free to call me at 247-5826 with any questions you may have. Sincerely, Sonya B. Doerr, AICP Community Development Director cc: Donna Bussey, City Clerk