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57 Plaza West WAIV Staff Report 11.23.2009 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Public Hearing to consider a request for an extension in time of a Waiver from the Land Development Regulations to permit certain business activities out-of-doors in the Commercial General Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: October 08, 2009 BACKGROUND: In July, the City Commission granted a temporary waiver from Section 24-112(b) of the Commercial General (CG) regulations to allow Atlantic Powdercoating to conduct certain business activities outdoors. The request was approved subject to the following conditions. This approval shall be limited to a 90-day period of time, commencing on the date of City Commission action, after which time reconsideration of this matter shall be required. Business hours shall be limited to Monday–Friday, 8:00am–5:00pm, and specifically no operation of any equipment that generates noise, dust or airborne particulate shall be permitted outside of these times. Work bay doors on the rear side of the building shall be closed during business hours except for intermittent opening limited only to the time required to move items in and out of the building, and at all times, dust and particulate matter shall be contained within the building. Outside activities shall be limited only to the cooling of work pieces and temporary placement of pieces awaiting customer pick-up. The business owner returned to the City Commission to request an extension of the waiver at the October 26th meeting. After lengthy discussion, the Commission deferred the matter in order to allow coordination between the business owner and the residents who live in the home at the rear corner of the parcel where the business is located. Both parties have communicated with each other, and the business owner advises that a mutual understanding has been reached. An interior concrete room will be constructed to house all equipment that makes noise, and that room is now under construction. In the case that the City Commission takes action to approve this request, the Applicant is advised that the City will be monitoring the business to ensure that these conditions are maintained, and violation of these conditions will be subject to Code Enforcement action. RECOMMENDATION: Motion to extend this Waiver from the Land Development Regulations limited to the current owner only, and maintaining the following conditions. Business hours shall be limited to Monday–Friday, 8:00am–5:00pm, and specifically no operation of any equipment that generates noise, dust or airborne particulate shall be permitted outside of these times. Work bay doors on the rear side of the building shall be closed during business hours, and at all times, dust and particulate matter shall be contained within the building. Outside activities shall be limited only to the cooling of work pieces and temporary placement of pieces awaiting customer pick-up. ATTACHMENTS: None. REVIEWED BY CITY MANAGER: __________________