01/14/1997
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COMMISSION
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City Commission Minutes
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Present:
Rita Garvey
J. B. Johnson
Robert'Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Patricia O. Sullivan
Mayor/Commissioner
Vice-M ayor {Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
City Attorney
Board Reporter
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CITY COMMISSION SPECIAL MEETING
CITY OF CLEARWATER
January 14, 1 997
The Mayor called the meeting to order at 9:02 a.m. at the Adler room in the Main
Library.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #2 - Appeal of Delphi Academy from Approval of Conditional Use Change of Business
Ownership by Planning and Zoning Board CU 96-57 Wawa Food Mark (J. & Sophia Karas)
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Pursuant to Section 6.27 of City Code, businesses with conditional use permits to
sell alcoholic beverages are required to seek conditional use approval to change business
ownership. J. and Sophia Karas applied for and were granted approval for change of
business ownership for Wawa Food Mart at 1881 Drew Street. The Delphi Academy of
Florida is appealing the Planning and Zoning Board's approval.
Pursuant to Section 36.065, appeals of conditional use decisions regarding the sale
of alcoholic beverages are to the City Commission. The Commission must follow all
provisions and requirements regarding the conduct of the hearing. The burden is upon the
appellant to show the Board's decision cannot be sustained by evidence before the Board..
Commissioner Johnson moved to receive the minutes and tape of the November 5,
1 996, Planning and Zoning Board meeting. The motion was duly seconded and carried
unanimously.
Bettina Pope, appellant representing Delphi Academy, opposed selling alcoholic
beverages close to a school as it sets a poor example for children. She said such sales are
forbidden by code. 'She expressed concern store patrons would drink alcoholic beverages
in the vicinity of the store and create a hazard for the students.
Raid Snan, authorized representative, said he took over the store's management on
October 3, 1996. The store has sold beer and wine in its present location for more than
25 years. Store polley forbids the sale of alcoholic beverages to minors. Consumption of
alcoholic beverages on the premises is not allowed. In response to a question, the City
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Attorney said according to Code, alcoholic beverages can be sold within 500 feet of a
school or business with approval of a conditional use permit. It was stated the school is on
th'e former grounds of Skye rest Baptist Church and the market predates the church and
nearby Skycrest Elementary School.
It was felt the City cannot judge against a business operator when no change of
business had occurred. It was recommended conditional use approval should not be
required for ownership changes of businesses selling alcoholic beverages. Based on the
Planning and Zoning Board's conditions of approval, it was felt the standards of approval
have been met. The change of ownership did not change the building's purpose.
Commissioner Johnson moved to deny the appeal of Delphi Academy and uphold
the decision of the November 5, 1996, Planning and Zoning Board meeting. The motion
was duly seconded and carried unanimously.
The City Attorney said she will reduce the order to writing and bring it before the
Commission for approval. The legal Department was complimented for the organization of
presented materials.
Slavin Management Consultants, Inc. Meeting
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The City Manager scheduled a Special Meeting with Robert Slavin of Slavin
Management Consultants, Inc. to discuss the City Manager search for 4:00 p.m. on
January 23, 1997, at a Pinellas County Commission meeting room. Individual meetings
with Mr. Slavin and City Commissioners will be scheduled. The City Manager indicated
Slavin's bid did not include the cost of bringing candidates to Clearwater for interviews or
for City representatives to visit candidate worksites.
ITEM #2 - Adiournment
The meeting adjourned at 9:27 a.m.
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ATTEST:~~ '[,~,L<><--
, City Clerk
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01/14/97
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BEFORE THE CITY COMMISSION OF THE
THE CITY OF CLEARWATER, FLORIDA
DELPm ACADEMY OF FLORIDA,
Appellant,
vs.
Case No. CU 96-57
CITY OF CLEARWATER PLANNING AND
ZONING BOARD,
Respondent.
I
ORDER OF THE CITY COMMISSION
TIllS CAUSE came on to be heard on January 14, 1997, on Appellant's appeal of the
City of Clearwater Planning and Zoning Board's November 5. 1996, decision approving
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applicant J. and Sofia Karas' request for conditional use for the sale of alcoholic beverages on
change of business ownership at 1881 Drew Street. Clearwater, Florida.
The City Commission hereby upholds the decision of the Clearwater Planning and
Zoning Board for approval of the conditional use for the sale of alcoholic beverages on change
of business ownership, based upon the following:
Findings of Fact
1. A request for conditional use approval for package alcoholic beverage sales
including beer and wine at the WaWa Food Mart at 1881 Drew Street came before the
Planning and Zoning Board on November 5, 1996.
2. The application was necessary due to a death in the family.
3. The convenience store has been in operation for more than 30 years and the on-
~~ site manager plans no changes.
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4.
The Planning and Zoning Board approved the change of business ownership
subject to various conditions relating to building permits, site lighting, hours of operation, and
trash removal.
5. The Delphi Academy, a private school at 1831 Drew Street. filed an appeal of
the Board's decision on November 19, 1996.
6. At the hearing before the City Commission, a representative of Delphi
Academy testified that she had not seen people drinking alcoholic beverages at this business
but she had seen drinking at other convenience stores.
7. There was no testimony of adverse impacts of this use at this location.
Conclusion
Pursuant to section 36.065(6)(c) of the City of Clearwater Code of Ordinances, the
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Appellant has the burden to show that the decision of the Planning and Zoning Board cannot
be sustained by the evidence before it or that the decision departs from the essential
requirements of law. It has failed to meet this burden. There is ample evidence in the record
before the Planning and Zoning Board to support its decision.
Therefore, the City Commission hereby upholds the decision of the Clearwater
Planning and 'Zoning Board and, pursuant to Section 36.065(6), approves the conditional use
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for the sale of alcoholic beverages on change of business ownership with the conditions as
required by the Planning and Zoning Board.
'ORDERED this J1D..v..... day of February, 1997.
ner
Attest:
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Copy to: ,
Ms. Bettina Pope, Legal Officer
Delphi Academy of Florida
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