469 Atlantic Boulevard 16-SAFW-133 Staff Report CC 08.24.2016CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: 16-SAFW-133 Public Hearing
Request for a waiver as permitted by Section 24-46(d) to waive the prohibition of body artists within the Commercial General zoning district as required by Section 24-111(b) at Saltair
Section 3, Lots 810 to 816 and 838 to 840 (aka 469 Atlantic Boulevard, Unit 11).
SUBMITTED BY: Derek W. Reeves, Planner
DATE: August 24, 2016
STRATEGIC PLAN LINK: None
BACKGROUND: The applicants are Georgina and John Salzer who own and operate Pure Imagination. The business will offer body piercing services and sell associated jewelry as well as literary
journals, books from local authors and art from local artists. They will also host literary events including book signings, issue release celebrations and small group writing workshops
in the gallery space. The business is to be located within an existing shopping center at 469 Atlantic Boulevard, Unit 11 in the Commercial General (CG) zoning district.
A waiver is required for the body piercing services portion of the business. Section 24-111(b), which is lists the permitted uses in the CG zoning district, states in part, “Permitted
uses shall also not include… tattoo or body artists…” This specific prohibition means a use-by-exception is not possible and the prohibition must be waived by the City Commission. This
code provision was added in 2010 as part of a larger code update.
If this waiver is approved, it will also require the Commission to approve the body piercing use under Section 20-59 where, “body piercing/tattoo artist” is listed under the heading,
“Commission approval will be required before business tax receipts will be issued for the following businesses, and business taxes shall be as follows:”.
Staff presented the following conditions to Commission at the August 22, 2016 meeting: 1.) That the business remain in compliance with Chapter 64E-19 of the Florida Administrative Code;
2.) That the waiver is granted to the applicant only and shall not run with the title to the property. Number one will require the business to operate at state standards. Number two
will make the waiver consistent with the regulations of a use-by-exception. The applicants also voluntarily agreed to the following conditions that Commission requested at the same
meeting: 3.) That no smoking paraphernalia be sold; and 4.) That the business must close by midnight every day.
BUDGET: None.
RECOMMENDATION: To approve waiver 16-SAFW-133 with the following conditions: 1.) That the business remain in compliance with Chapter 64E-19 of the Florida Administrative Code; 2.) That
the waiver is granted to the applicant only and shall not run with the title to the property; 3.) That no smoking paraphernalia be sold; and 4.) That the business must close by midnight
every day.
ATTACHMENTS: Copy of 16-SAFW-133 application.
REVIEWED BY CITY MANAGER: _____________________________________________________