03/17/1992 (2)
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ACTION AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY, MARCH 17, 1992.1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
A. APPROVAL OF MINUTES
1. Approved (motion Mr. Schwab, second Mr. Carassasl minutes of March 3, 1992. Motion carried
unanimously (7 to 0).
CONDmONAL USES. ANNEXATION. ZONING, LAND USE PLAN AMENDMENTS. LAND
DEVelOPMENT CODE TEXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW:
THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR
CONDmONAL USE REQUESTS IS GIVEN UNDER OATH.
1.
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The Chairperson reads from the Public Hearing Notice each item as it is presented.
The staff report and pertinent background information arc presented.. 5 minutes maximum.
Staff presents any supporting written documents.
Staff presents any opposing written documents.
The applicant or his representative presents his case. . 5 minutes maximum.
Persons who support the application speak. 3 minutes milximum for each individual;
or spokesperson for group. 10 minutes maximum.
Persons who oppose the application speak. 3 minutes maximum for each individual; or
spokesperson for group - 10 minutes maximum.
Persons supporting the application (other than applicant! may speak in rebuttal. 3 minutes
maximum.
Persons opposing may speak in rebuttal - 3 minutes maximum.
The applicant has an opportunity for final rebuttal - 5 minutes maximum.
Public Hearings are closed.
Discussion by the Board.
The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL
B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS:
1. M&B 32.02, See 20-29-16(18911 U.S. Hwy 19 NI Robert G, and Hazel V. Daniel (Shor-Bo InclShore
Lanes Bowling AlleylSlick Willie'sl. CU 92-16
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Request - To permit on-premise consumption at beer. Wine, and liquor
Zoned - CH (Highway Commercia II
Approved (motion Mr.Scllwob, second Mr. Hamiltonl subject (0 till! following conditions: 11 Tllis
conditional use permit shall bo for a six (61 month Mtri,71 neriod~ in order for the applicant's
compfiance with tile City's liJW anforconlf.N1t coUes during this periOd to bo observed ilod
evaluated subject to Section 72.19 (eU I-51,' 21 The sales of alcohollc beverages shall be limited
to on premises consumption with no p,7ckage s,7les: 31 The requisite occupational license shall be
obtained within six (6) months from tho oxpimtion d.Jte of its current occupational license,' 41
There shall be no outdoor seating or other expansion of tha floor area devoted to the proposed
use; 5) Tllo requirements of the 4-COP.SBX license 51/,11/ be adhered to at aI/times by tile
management of the proposed Shore L,7nes Bowling Alley, Slick Willie's, and the license shall be
conspicuously displayed at all times for inspection purposes,' 61 All permits and licenses issued by
tile City and oOwr agMcios shall be subject to initial ,md continuing compliance with all
applicable requirements,' 71 No outdoor spaakers sllall be allowed,' and 8) There slmll be a security
P & Z ACTION AG ENDA
03-17.92
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guard provided from 8:00 pm to closing. seven days a week, to parrol the exterior of the
premises to watch for violations of alcoholic beverage consumption and noise. Motion c;urled (6
to t J with Mr. Merriam dissenting.
2.
lots 34 and 35, Blk E. Greenwood Park No 2 11205 N Greenwood Ave! Tarek and M,3nal Said [Wael
SalhabfTrue Value Supermarketl, CU 92-19
Request - To permit package sales of beer and wine
Zoned . CNG (North Greenwood Commerciall
Approved (motion Mr. Schwab. second Mr. Merriam) subject to the follOWing conditions: (1)
Approval shall be for a twelve (12) month trial period; 2) Tile applicant sllall erect a Wo
Trespassing" sign in a conspicuous focatlon on the properly as requested by potiee; 3} A 9:00
p.m. closing time shall be observed; 4) The applicant slwll cooperate with police In redUCing
loitering; and 5) Tile applicant shall obtain tile requisite occupational license wit/lin one week of
this public hearing.
Upon roll call requested by Mr. Schwab. tile vote was:
"Ayes "; Schwab, Carrasas. Savage. Merriam
"Nays ": Bickerstaffe, Hamilton, Mazur
Motion to approve carried (4 to 3).
3. (Third request, second request was for 9 months granted 6/18/91, first request was for 6 months
granted 12/11/901. Request for Extension - Part of Blk. 6, Wallace's Addn. to Clearwater, (606 Turner
Street}, Harold S. & Hazel M. Wallace, CU 90-BO
Request - To permit outdoor retail sales display and/or storage of plants
Zoned - CG (General Commerciall
Approved (motion Mr. Hamilton. second Mr, Bickerstalfe) to grant an extension of six (6) montlls
from the date of this public hearing. Motion carried (6 to 1) with Mr. Merriam abstaining because
he was not on the Board tile first time tllis case was fleard and was unfamiliar witll tfle
application,
4.
(Third request. second request was for 6 months granted 9/17/91, first request was for 2 years granied
9/05/891. Request for Extension - M&B 32.05. Sec. 2-029-15 [1453 Sunset Point Roadl Anne M.
Caballero. CU 89.66
Request - Veterinary Office with Inside Boarding
Zoned - Ol (limited Office)
Approved (motion Mr. Schwab. second Mr. Bickerstatfe) subject to Ifle following conditions: 1)
The buIlding permit be obtained within two mOllllls of the dare of this publiC hearing; and 2} Tile
required occupational Jicense be obtained witll nine (9) months of the date of this public flearing,
Motion carried unanimously (7 to 0).
C. CONDITIONAL USES:
1. lots 8 thru 12. Blk A, Harvey Park (1495 S Greenwood Avel William H and Irene Saunders (Jamil
Salhab/Wanna Save Food Storel. CU 92-20
Request - To permit package sales of beer and wine
Zoned - CG (General Commercial)
Approved (motion Mr. Scllwob. second Mr. Savage) subject to tile following conditions: 1) Tile
salos of beer and wine sllall be prohibited c"Jfier 12:00 midnigf1t; and 2) The fClQuisite occupational
license shall be obtained witllin six. (6) mont/Is Irom tile date of tllis public hearing, Motioll
carried unanimously (7 to 0).
2. lots 1 thru 8 and part of lot 9, Court Sq Sub (531 Franklin St) Elizabeth H. McGmw iPeter
Drakakis/Sophia's Acstl. CU 92-21
Request - To permit on'premise consumption 01 beer, wine, and hquor
Zoned - UC(CI (Urban Center Corel
P & Z ACTION AGENDA
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Approved (motion Mr. Ham((ton, second Mr. BickerslaffoJ subJoct to rile following conditions: 1 J
The requIsite occupatIonal license sllall be obtalnod wltllln one (1 J year from the date of tills
public hearing: 2J The sale of alcoholic beverages slla/l be limited to consumption on premises
wIth no package sales: 3) Tile parking lot sllal/ be landscaped to meet the perimeter landscaping
requIrements of SectIon 136.023 of tile Land Development Code: and 41 There shatl be no
outdoor speakers. Motion carried unanimously (7 to 0).
D.
ANNEXATION, lONING, LAND USE PlAN AMENDMENT, LAND DEVELOPMENT CODe TEXT
AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW:
CHAIRMAN'S ITEMS
E.
Approved policy change (motion Mr. Hamilton. second Mr. Bickerstaffe) that the first granting of
8 six f6J months extension of a conditional use would not require the physical appearance of the
applicant before the Plannfng & ZonIng Board. On subsequent extonsions, tile applicant would
have to appear. MotIon carried unanimously (7 to 0).
F. DIRECTOR'S ITEMS
G. BOARD AND STAFF COMMENTS
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P & Z ACTION AGENDA,
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03.17.92
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MINUTES
PLANNING & ZONING BOAnD MEETING
TUESDAY, MARCH 17, 1992.1:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Members Present:
Chairman Mazur, Bickerstalfc, Carassas, Hamilton, Merriam, Savage and Schwob.
Also present:
J....mes M. Polatty, Jr., Director Planning & Devclopment
Scott Shuford, Planning Manager
Pat Fernandez, Recording SecrctilrY
Chairperson Mazur outlined the procedures for conditional uses and advised that anyone adversely alfected by a
decision of the Planning and Zoning Board, wlth regard to condilional uses, has two weeks horn this date In which
to tile an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of this Board
to have a record of the proceedings to support the appeal.
ITEM
A. APPROVAL OF MINUTES
Approved {motion Mr. Schwab, second Mr. C;JfiJssasl minutos of March 3, 1992. Motion carried
unanimouslV (7 to OJ.
B.
REOUESTS FOR EXTENSION, DEFERnED AND CONTINUED ITEMS:
1.'
M&B 32.02, See 20-29-16 118911 U.S. Hwy 19 NI nobert G. and Hazel V. DaniellShor-Bo lnc/Shore Lanes
Bowling Alley/Slick Willic'sl. CU 92-16
Request. To permit on-premise consumption of beer, wine, and liquor
Zoned - CH (Highway Commercial)
Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. A letter
of objection was received from Mrs. Eleanor Key who Slated she objected to the rowdy behavior late at
night.
Applicant's representative, Anthonv Ferro, 31640 US Hwy 19 North, Palm Harbor, 34684, slaled the Code
will be followed on alcoholic consumption. Bowling tournaments continue alter hours. With reference to
pollee calls, some came from the applicant.
The Board asked il they agreed to all Ihe conditions. They would prefer no trial period. The Genmal
Managers are Scott Petl and Joe Lavoy while Mr. Garrison is a bar manager. This is not a transfer of
business ownership but merely Ms, Casey, the leaseholder, changing the name of her establishment. The
business operates under two fictitious names and one license. Prior problems wern a malter of interpreting
the new ordinance. Scaling capacity referred to in the slaff report includes sealing in the bowling area.
General Manager, Scott Michael Petl, 1740 Lucas Drive, stated they do not plan to have live entertainment.
Pro: None
!&tl: John Callanhan, Imperial Cove, 19029 US Hwy 19 North, Building 4, Apt. 3, staled he was including
the wishes of the 14 condo members who signed a lelter he gave to the Board. TIley were
protesting the noise horn the parking lot between 1 :30 and 3:00 am.
Mrs. PQJlQV Kochlell, 19028 US Hwy 1 9 North, Building 4, Unit a, concurred about the noise and
said beer bottles were thrown over the Will! and believes this would not happen if there were no
liquor sales. She suggested a security guard as a possible solution.
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Rebullal - Mr. Ferro advised the City .wise level orduliInc(! should take care 01 those violntions. In ihe
parking lot a security guard rides a golf cart Irorn 8:00 prn to 2:30 am every mo.ning. PenaltiEls can be
Imposed on the applicant il alcohol is taken fralll the IlreITllscs.
Board discussion ensued relative to a Hial pElriod 1ltHl how the applicant would be notified to reappear. Mr.
Ferro In answer to a Question added tllat 110 burdun would Oe placed on the applicnnt by rellulring the
presence 01 a security guard.
Approved (motion Mr.Scllwob. second M/, IfmlliltonJ subjuct to tile 10110 wing conditiolls: 1J T/lis
conditional use permil Sllall be for .1 six (aJ momll "lllPI /Jcrivcr in ardor lor tile <,pplicafll's
compliance willi We City's law C'llforc(!r/I(!I1( (;(HIt'S during lhis period 10 bo {lbsorvcrJ and oVClflUlIed
subject 10 Soction 72.19 (CJ( 1.5J: 2J Tlw .'wk's 01 alcoholic u!.WCr.1g0$ slwll be limiled to on premises
consumption with no pilckayc suit'S: 31 Th!.! Wlluisiw occlIpationtlllic(]I1SC slwll bl.Y obt.1itwd within
six (6J montlls Irom t/w expitMion di1lV 01 its C/lflCmt or:CllpMiOllc11 licm/so,' 4J T/ww sh..,lIbe no
outdoor seating or otll(}r mqwnsiol/ 01 IIw lIoor .1((],1 devoted to flU! proposed use: 51 The
requirements of 1110 4.COp.Sex ficel/so sha/l bo .,dhOt(!d to M .111 timas by tile lII",mym/l(mt 01 tile
proposcd Slloro Lnrws Bowling Alley, Slick Wi/lio's, alld III(} licellse slwll be conspiCUO/lsly dispkJyvd
at all times lor Inspectirm PI"pOSlJS: aJ All pl!fmit S ;Jlld liC(]lIses IssuCJd by the City and at/lOr ;Igcl/cios
slwllba Sltbjoct to initial mid continuing cUl/lplimlcl.Y Wit/I .,11 applic;JlJle requirall/allt:;; 7 J No outdoor
spcmkcus sllall be allowed: and 81 Tl/(]re ,<;lIaUlw " secl/rity gUlJrd provldl.Yd trom 8:00 pm to closing,
savan days a WI.Y(]k, to pM/ol Ih(1 I.Yxtorior 01 tllo premises to watch lor violations of alcoholic
bcvemge COflslfmprion mId lIoisl.Y. Motion cilff/ed (6 to 11 witt/ Mr. Mvrriml1 disscllring.
2. lots 34 and 35, Blk E, Greenwood P:llk No 2 11205 N Greenwoot! Ave} Turek and Manal Sait! \Wael
SnlhabrTruu Value Supermarket). CU 92 -19
Request. To permit pnckage sales of becr Clml Wille
Zoned. CNG [North Greenwood Commcrcinll
Mr. Shulord gave Ill!.! background 01 the casc and suOlllitted. ill writing. the stall recommendation.
Applicanl's representative, Carlton Ward, 1253 PilIk Struet, staled: 11 Tile applicant has joined the North
Greenwood Merchants Association and attemlE?u two regular meetings; 21 The appliCallt yusterday met with
members 01 the Association to ascertain their [leolls as to how he can be a more responsible citizen in the
business community; 31 The applicant pledged to ;)ccepl ;) probnliollary period or up to 18 months; 41 The
applicant agreed to keep the ex lerior hee 01 all httur anll debris; 51 The applicant will continue practice 01
requiring age identilication prior to soiling nlcollUlic lIcveraues; 6) The applicant will sell such beverages
during City of Clearwater Code perrnilled lillles; 71 TIm ;]pplicnnt adVised that tho store will be closed al
9:00 pm.; and 8) The applicant will cndt!i1vor to h;]ve tl1(J landlOld/building owner replace the windows on
the lront 01 the building.
Mr. Ward does nol fEw I that prohibitino till.! sale 01 lefrlgerated alcollolic bevclilges is lair ns their
competitIon is allowed to sell these items. lie believes this might encourage sales of ice.
Allplicnnt, MllIlloun Salhab, 2401 BliuadolJll Olive, CII.!.11Winl!r 3<1619, ildvisctl Mr, Wilrd WilS au\horizeo
to represent him. In response 10 a questioll hUIII Mr. Shuford, he stnlcd Iw was ncver involved in the
opcration of the A&H Food Store and has not dune bUSllwss as Ali Abu Hamid.
Pro: Gwendolyn Williams, 771 22nd AvellulJ SlJUlll, St. P(!lmsburg. is a member al the North Greenwood
Mcrchal1l's A:;socintioll, She Slated till! Il!llur rulating 10 the expectations of the applicant is being
retYped. The correctiolls illvolvH tlw UPI.!f1IIl\1 III Ill!, She stated Ihat anyone can bree1e through six
months but that nil 1 a.month plOlliltlOllarv JwrlOd would be JIlOlt! dillicult. Muny 01 tlleir members
arc also members ot tho North Greenwood ASSI)I:iatiun illld Ihat Ulyilniz1Jlion did not come lorth with
any additional input. 111 allswt!r to a (3u,1I d qlwstlOll, she is il stylist and llilS a saloll in the same
building as tho applicilnt.
Con: John W, Jenkins, 1146 Ahna, Clearwaler. slilWLJ liquor C,1Il do dnmayc to one's life and family.
There arc too many estalllishI1lunts wllure al[;lll1ohc bevurilgus call ue pUlchased.
Lt. Dowf!v Williilll1S, West District COllllll,1I1del, Cll,;rlwilwr Police DupartlllClll, was present to answcr
questions. He agreeu that an unOCGupl!Jd bUlhlinu wuuld Ul! all l!VC!SOIC. The police Iccl businesses should
WOIk with the cOll\lHunity ami thm lht) Inclchlllll'S aSSllCI<l\lUll IS un tile nyll\ track, Thev ale COllct.!lned
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because the corner of LaSalle and Greenwood Is where the largest number of crack cocaine busts occur.
The merchant's association is encouraging the police to enlorce the open alcohol laws.
In rebuttal, Gwendolvn Williams, estimated, of the alcoholic beverages sales, that 60% are cold or
refrigerated. She feels persons stand on the streot corner because It has been tolerated. Whon people
realize this will no longer be tolerated, the problem at this location will cease. She f'tated the property
owner, If the application is denied. will take the store back. She believes he will then seU alcoholic
beverages because hI! has that right. People corne to this store because the hours are different than those
of the surrounding clubs. Her major concern however, is drinking on the street. She does not wish to
affect the applicant's livelihood but wants to place restrictions.
In rebuttal. Carlton W~ stated the Board has the opportunity to place conditions on the applicant whereby
they did not have the chance with the former occupant. The opportunity is there to improve the situation.
In response to a quesllon from the Board to Mamo\.ln Salhab. the owner of the business Is his brother. Wael
Salhab, who purchased the business about four months ago.
Mr. Mazur asked for clarification on the follOWing. If this applicatron is denied nnd the current owner turns
or sells the business back to the former owner, would that be considered a change of ownership which
would have to come before the Board again. Mr. Shulord stated that assessment was correct. The second
questron was would would a change due to default be considered a new owner. This Is not a new license
location and alcoholic consumption would not increase.
Approved (motion by Mr. Schwab, second by Mr. Merriaml subject to the following conditions: (1/
Appro vel shall be for a (welve (12) monlh trilll period: 2) Tho applicant sholl erec( 8 -No Tresposslng-
sign in a conspicuous location on (he property as requested by police; 31 A 9:00 p.m. Closing time
shall be observed; 4/ Tile applicant shall cooperate with po/ice in roducing loitering; and 5/ Tho
applicant shall obtain the requisite occuparional/icense within one week 01 (his public headng.
Upon roll call requested by Mr. Schwob. the vote was:
-Ayes-: Schwob, Carrasas, Savage, Merriam
-Nays _: BicKerslaffe, Hamilton. Mazur
Mot/on to approve carried [4 to 3J.
3.
(Third request, second request was lor 9 months granted 6/18/91, first request was (or 6 months granted
12/11/901. Request lor Extension. Part 01 alk. 6. Wallace's Addn. to Clearwater, 1606 Turner Streetl,
Harold S. & Hazel M. Wallace, CU 90-80
Request - To permit outdoor retail sales display and/or storage of plants
Zoned . CG (General Commercial)
Mr. Shuford gave the background of the case and submitted, In writing, the stalf recommendation. It was
noted thls was wilhin the area of the proposed downtown.
Applicant, William Wnrr~ 606 Turner Street, stated he had not decided on whether to pave the two
required parking spaces or to ask ror a variance. Costs, and the probability ola variance being granted, are
lactors to consider. He needs additional time to thoroughly explore his options.
Pro or Con: None
Approved [motion Mr. IImnillon. sacoml Mr, Bickarst.1ffe} to gmnt an extellsion of six (61 mot/t/ls
from tile date of tlu's public /learing. Motion carried {6 to 1} with Mr. Mcmimn abstaining because
110 was not on tile BOllfd rile first time tllis c.1sa W.1S heard and W.1S unfamiliar witll tile application.
4.
(Third request. second request was (or 6 months gfllnled 9/17/91, lirst request was lor 2 years granted
9/05/891, ReQuesllor Extension - M&B 32.05. Sec. 2.029- 15 (1453 Sunset Point Roadl Anne M. Caballero,
CU 89-66
Request - Veterinary Office with Inside Boarding
Zoned. OL (Limited Ollice)
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Mr. Shuford gave the backgrounu or the cast! and submitted, ill writing, the stall recommendation.
Applicant, Gursarmr _Slnnh, 1463 Sunsut Point Ronu, stDted he had Dpplied ror a building permit Dnd WilS
waiting for It to be issued. He requested additiolml time to obHlin the occupDtiollal license.
Pro or Con: None
Approved (motion Mr. Scllwob, svcolld Mr. Bickorstafle) subject to tlw following conditiolls: 1) Tile
building permit be obtained witllin two 11I0ntlls of the dMO of this public Iw,7,;ng,' lmd 2) Tlla fQQuired
occupational license be obt.7inC!d witll ninll (91 montlls of tile date of tflis public Ilearing. Motion
carr/ad unanimously (7 to OJ.
C. CONDITIONAL USES:
1. Lots B thru 12, Blk A, Harvey Park 11495 S Greenwood Ave) Williorn H and Irene Saunders IJDnlil
SolhablWanna Savc Food Storel, CU 92-20
Request. To permit package sales of beer and wine
Zoned . CG (Gcncml Commcrciall
Mr. Shuford gave thn background of the casu and submitted, in writing, the Sl<J1l recornmnndation.
Applicant's representative, Carlton Wnrd. 1253 Park Street, stated the applicant accepts the stall
recommendation and will comply with the ordimmce. He believes the occupational license is ill place.
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fL2: Quke TicH1tlO, 802 Woodlawn, livus apl1roxIlIl<Jwly three blocks from the location in question. He
spoke as an imlividual but added thaI he is President of the SOUlh Clearwaler Citizens lor Progressive
Action. The major problem in the area IS kecPlllg drug dealers out. The applicant originally elected
not take sides but is gradually realizing he Inust palticipatc. The surrounding nrea is now much
cleaner thnn it wns when occupied by Pick I<wik, He has coopefLIted with tile police and tlm corner
has improved considerably.
Con: Mrs. Lois Corrninr, 626 McLennan Streel. slated as a SOUlh Clearwater resident for 34 years, she
does not bcJi(!vc that continuing the snle 01 alcohol at this location has shown tht! use to be
compatible with the surrounding area. Parks are tll.wrby. She nOled the business tmnslcrred in July
and they arc nuw coming lorward lor il conditio/wi use. They obtained the occupational license aller
the due data and were not ChillglHi an mh.hliunnl <Hnoum. She reau ham the police report which
showed activity with calls for trespass. assault, drunk driver, juvenile and other problems. The
applicant was invited to join but is nol a member 01 the South ClearwaWr Citizens for Progressive
Action.
Rebuttals. .
Duke Tieman stated the opplicanl has expressed an interest in the neighlJorhoud organization. The store
has been cleo ned, the parking is clenn and il i1ppeilf s the npplical1l hns done a turnaround and is now
community minded. People gilther where there is j) public telephone. Hu advised the applfcant will try to
brook the lense on his public telephone and have it removed. .
Carlton Ward, in final rebullnl stilted tile nppllcnliunlllCCls tho crilerin required and his use docs no\ detract
from the aren. He pllinted out Mr, Tieman W;JS n close neighbur. while the opponent lives npproximatcly
1/4 f!1ilc away.
LI. Dewev Willinrns wns lIwre to claril y ilny pan s of Ill(.! polica issue. There is iI light concontralion of
alcoholic bevcrilge operations in the subject lHl!a,
ApproVt'd (lIIotiOIl Mr. St:hwo/), MJCOlld MI, SilViJgl!) sf/bivetto Ow lollowing conditions: T 1 Tlw Stlros
of boor .7nd wino sllillllJL' plo'libiwll tllll'l 12:00 micJlliy/l/; .7mI2) TIll.' loquisito OCCIIP,1tiOlWllico"so
5/1.111 bo obt.1itwd witllin six (61 1I10ntll.~ 11011I (/w d,1/rJ of this public IU!<1rillg, Malion ctJ((iC!d
IJmmimulIsty 17 to 0).
2.
Lots 1 Ihru 8 and pMl of Lot 9. Court Sq Sub 1531 Franklin SII Eli7alJelh H. McGraw (peter
Drakakis/Sophiil's RllStl. CU 92.21
Rcquest . To permit oll.prcnllse consumPtlO1I 01 beer. winl:. alltl liquor
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Zoned, UCICI tUrbon Center Core}
Mr. Shuford gave tho boc.koround of the case and subrnilled. in writing. the stoff recornmendotion.
Applicant's representative. Lorn Duncall, 2040 NE Coachman Road. 34625. stated the applicant intends
to convert the former Merrill Lynch offices into a romily restaurnnt. Their location on Hercules is for stile.
Pro Of Con: None
Approved (motlon Mr. Hamilton, second Mr. 8ick.erstafleJ subject to the following conditions: 1 J Tile
requisite occupational license slmll be obWined within 0110 (1 J ye.1r from tile d.1le of t!lis publiC
/loaring,' 2J Tllo sa'lo of alcoholic beveray(!s sl1all be /imi(eu to consumption on premises WWI rlO
package sales,' 3J TIle purklng lot shall be landsr;;lpt'd to meet /l1e perimeter landscaping requirements
of Section 736.023 of tile Land Development Code; and 4J T/lere shall bc no ol/tdoor speakers.
Motion carried unanimol/sly (7 to OJ.
D. ANNEXATION, ZONING, LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TeXT AMENDMENT,
AND LOCAL PlANNING AGENCY REVIEW:
E. CHAIRMAN'S ITEMS
Mr, Mazur staled he would like to see a more t orlllal recummendation horn stall when extensions are
presented to the Board. Questions Cilme up reliltive to the lirst extension request lor six 161 months corning
before the Board. Such a reQuest has never been tUrlled down and staff should be able to determine if the
tll<tenslon was warranted. A lot 01 the ilpplicant's time Is expended wailing lor their case to be heard. 11
a denial is being considered, the case would be delayed ulltil the applicant could appear before the Planning
& Zoning Board. It was suggested this could I.w accomplished by either a policy Change or 0 code
amendment.
Approved policy clwl1ge (motlOI1 Mr, H.1mil/0Il, second Mr. 8iclwrsU1f1eJ fllat tho first granting 01 a
six (6J months extension of a conditioll,,1 mw would flat reQuifl! tile physical app(ulNmce of the
applicant before tho PIIJ/lniog & Zoning 80,11d. Do slfbsaquont extensiol1s. tile applicant would Iwve
to <1ppear. Motion carried llflanimolfsly (7 10 OJ.
Mr. Mazur asked iI his interpretiltion 01 rebuttoJs WllS correct iJnd members concurred.
F.
. '.
DIRECTOR'S ITEMS
Mr. Schwob wjll be missed and oil fllellllllHS wished hun woll. Aller the new Bomd member is named, Mr.
Shuford will ask Mr. Galbraith to moke a proscnlatioll un Icunl issues at sorno mcutino.
The Vcrom.ln Restaurant is a chan\lc 01 nanm ilntl not onE! 01 uWf)u,ship,
Mr. Polally ot/vised the BOilld coulll lobby ClJlIlIlllssioners with their concerns ns some mailers are not
governod by the SUll!ihine lilWS. It is when they <If(J ill.:tino in .J qUilsHudiciallllwUlOf that they must retrain
!rom any such conlact.
G. DOAnD AND STArr- COMMENTS:
Botlrd members nowd that Carlton WUIlJ callt~d sume mUIl11.1Ul S 01 tile Goard nsldo9 il tllme wmc (my
problems with thosa cases he was repr(!scntillu, Mr. Gnlhrllllll I,as selllplClllOS 011 cxpnrta cOllullunicatfolls
which deol primarily with conditiollnl uses. Nu ullorllHlllUll was presented uy Mr. Ward, so the Bonrd lelt
the comlf1unications wele proper.
A question was Dskcd ilthere would he n CllillUl! 10' ptHlllllS 1m siOl1s ul!uwctl during construction, There
will be sume lee,
Tho meetil1U was ntljoUl'led at 5; 10 pill,
~- \2~-
. Pollltty, Jr.. Director. j 1J1lI1i11U & Dovelopment
P & Z r..t1NUTES
03-17-92
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