05/16/1986 (2)
t. t{,~! :-:' '~~-r' i" ~V'\.:~~q~;~.~~..-~~~." .::<<..: t:r"\~/ ~~~":'~;::~.~j~":'J"'~ ...-""'::lfo....~:;"\ :"~-~::;~."'~ \\ ir.~. .".J+)~.?'7 <. i! ~~~~ ' c ,". ;;': \,,1-., ,',": .:~r~~: ~~;~;~c; 'J ;1<';..~ ,f,:-; :;'.JI:,..\:..\;~-tf+~(~':'''' ,.,,:.;;~ "t+ .
,~':x1tJ....if('t.o:.1;l~t..-~.;:., r....~?l,r:t~l'jf.;. "i ~:''''''Y.'f.~JJ..ri'..:.r;:,:;; p./-j,l r':' tf~~'y-.:.~ ~~. '\ t"u>'? l~ ~', ',\.-\ ~'.~ .~>:.~,~..,/ C: ~. i: .~..~~ ~. +:" ~; o':.!_:.' '-:.~ I.J,~:(...~. 1m ",t .~\\ t~;~.; '/,,{I'. ~<.:;:;~: ~,.'\.y~+,;tt"..~:ii~...r\"~H;\~( ~~
. :i r-ft':::--~t:t~\."''''rt''1-':'':''''-t~d''''"'''-it'~..:'''''iI-+-~,\~'''''''''. .. .1,j,~r-'-\~Wl~~Y.'io''""~~'''---:!'.'r~...-tt"~''''''''''';'''\.. \"'tI~~~ ~~..........~..I.......ti '-~""":'''''~-4'''''~ ,.....,.........." .:~ ~~... ~4 ~,,:... '.~'" I ~~ ~I~;-J.~ . ~.7
~...
i
FINDINGS OF FACT
~
~
1. Petitioner owns property located at 1315 N. Betty
Lane; Lots 8 and 9; Block E; pine Ridge Subdivision in
Clearwater; Florida. This property is zoned uCG" (general
commercial).
2. The consumption of alcoholic beverages on-premises
is not permitted on premises zoned "CG;" and therefore requires
conditional use approval~
3. petitioner applied for conditional use approval on
or about February 20; 1986 and on March 18; 1986 the Planning and
Zoning Board disapproved Petitioner's application for conditional
Paula Harvey; Planning Director; recommended approval
use.
because her review of the application indicated the localion was
@
c":,':::"
suitable for a restaurant and lounge; and the police department
indicated no reason for disapproval. She did condition her
recommendation on Petitioner demonstrating that all parking
requirements of the Land Development Code would be met.
4. A 6;000 square foot; two-story building is located
on the subject property; but Petitioner only intends to use 2;500
s~uare feet for a restaurant and lounge. Petitioner currently
operates a bar serving beer and wine directly across Over lea Lane
on Beverly Lane; about forty feet away from the subject property.
He testified ~e intends to close his present bar if he obtains
this conditional use approval and opens his restaurant and lounge
on the subject property.
At his present location~ Petitioner
serves beer and wine; but not food. On the subject property; he
would not sell alcoholic beverages without food; except to
persons waiting to be seated in. the restaurant.
@
5. Other than Paula Harvey's testimony that the
SUbject property does not have sufficient parking spaces for the
utilization of the entire 6;000 square foot building as a
restaurant and lounge; there is no competent; substantial
evidence in the record as to the number of parking spaces on the
2