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05/12/1995 - 9:00 AM PUBLIC HEARING BEFORE A HEARING OFFICER May 12, 1995 - 9:00 a.m. Dervish Brothers Gallery Restaurant & Lounge (Amza D. & Neim B. Abdullaj) Hearing Officer: J. Lawrence Johnston Also Present: Miles A. Lance, Esquire, Assistant City Attorney Scott Shuford, Central Permitting Director John Richter, Senior Planner Patricia Sullivan, Board Reporter Issue: Petitioner contests the decision of the Planning & Zoning Board to deny a permit for on premises consumption of beer, wine, and liquor (expansion) at 1370 Gulf Boulevard, Sec 19-29-15, M&B 14.04 & 14.05, zoned CG (General Commercial) and OS/R (Recreation/Open Space.) CU 94-84 Appearances: Harry S. Cline, Esquire, Attorney for Appellant Amza Abdullaj, Appellant Appellant Exhibits: A-1. A diagram of the Appellant’s property A-3. An applicable excerpt from the Future Land Use Map of the City’s comprehensive plan City Exhibits: 1. Record of proceeding below as required by Section 36.065(5)(c) of the Code 2. Letters in opposition to the application 3. A composite consisting of aerial photographs of the north and south ends of Sand Key Hearing Officer Johnston opened the meeting at 9:12 a.m. and explained the rules governing the procedures. He requested the record reflect that this hearing was properly noticed and all parties have had the opportunity to be properly noticed regarding this hearing. The issue was whether the evidence sustains the Planning & Zoning (P&Z) Board’s decision to deny the Appellant’s application for a conditional use permit to sell alcoholic beverages for consumption at the Gallery Restaurant on Sand Key if an outside deck is added to the facility. Mr. Cline indicated the appellant filed an application for a conditional use permit in August 1994 to expand the Gallery Restaurant by adding an outside deck. On February 14, 1995, the P&Z denied the application. Mr. Shuford indicated the request was denied by a 6-1 vote because of board concerns regarding noise and the proposed dock’s location near adjoining residential uses. The applicant filed a Notice of Appeal with the City Clerk on February 23, 1995. Mr. Abdullaj said he opened the restaurant in November 1977, He wanted to add outside seating on a 1,000 square foot deck to provide a natural setting and fresh air for his customers. He said his restaurant has a strict dress code and caters to an upper class clientele. He indicated the restaurant operates from 11:30 a.m. to 12:00 midnight. He said Hurricane Elena destroyed the 800 square foot outside deck in 1985. He said the building’s original plans included a much larger deck that was never built. Mr. Abdullaj indicated his restaurant is 60 feet south of the Sand Key Condominium Complex. A huge parking lot and empty lot are north of the restaurant. He said the Crescent Beach complex was built later and is at least 250 feet away. He said a US Coast Guard station is located east of the restaurant, across the street. Mr. Abdullaj said his restaurant is the oldest one on Sand Key. The Columbia Restaurant, Cha Cha Coconuts and the Cabana Club all have outside seating on a deck. He said the Cabana Club is very similar to his operation and the adjacent condominiums are closer. Mr. Abdullaj said his restaurant currently has a liquor license. His said the deck will not harm the sand dunes or sea oats or result in environmental consequences. He said he would not allow a spotlight to be directed to the beach. He felt the deck would be an asset to the neighborhood and his patrons would comply with the City’s noise ordinance. Mr. Lance expressed concern that one of the listed owners, Neim B. Abdullaj, had a criminal record that disqualified him for a liquor license. Amza Abdullaj indicated Neim Abdullaj’s name still remains on the license but other family members have now been brought into the business. He said Neim Abdullaj lives in Texas and has nothing to do with the business. He said Neim Abdullaj’s name would be removed from the license in November. Mr. Lance indicated the change of ownership would require the restaurant to apply for a new conditional use permit. Mr. Lance expressed concern that the police have been called several times regarding problems in the restaurant’s parking lot. Mr. Abdullaj said he cannot keep trouble makers out of the parking lot. Mr. Lance indicated the restaurant’s parking lot has been the scene of excessive noise and rowdiness requiring Police enforcement. Mr. Abdullaj indicated the last event included two male customers trying to help remove a disruptive person. Police were called when someone started bleeding. The event was over by 9:30 p.m. Mr. Lance indicated brawls would disqualify a business from retaining its alcoholic beverage license. Mr. Abdullaj said he is very careful about noise levels and is considerate of his neighbors. Mr. Lance recommended against the proposed deck. He said the P&Z considered the loud music and behavior that would occur on the outdoor patio deck. Mr. Abdullaj said the patio would be used primarily during daylight hours. Mr. Lance stated police calls to the restaurant have been for theft, simple burglary, burglary, criminal mischief, shoplifting, etc. Mr. Abdullaj said none of the problems listed were for violations of the noise ordinance. The occurrences were not his fault and he had initiated most of the calls. Mr. Lance said the request does not satisfy the City’s Standards of Approval because the dock would disrupt the surrounding neighborhood and its construction would be detrimental to surrounding property values. Hearing Officer Johnson questioned if the change in ownership was pertinent to this request. Mr. Shuford said Section 41.071, paragraph 2, subparagraph B states that a restaurant requiring a conditional use permit would require review should any change of ownership occur. He noted under general conditional use conditions in Section 40.424, paragraph 16, it says that restaurants serving alcoholic beverages outdoors within 200 feet of a residential zone are required to obtain a conditional use permit. He said the addition of a new owner would trigger a review. Frank Prescott, President of the Sand Key Condominium #1, said his condominium association opposed the proposed deck. He said original plans for the restaurant building were for a club house. Before the second building was built, the developer went bankrupt and sold the club house for a restaurant. He expressed concern that the deck would be detrimental to the condominium’s property values. He said the restaurant property is run down and recommended enhancing the exterior. Mr. Prescott expressed concern that trouble would occur at an outdoor bar located close to the water. He said the restaurant has caused frequent noise problems and residents do not always call to complain. He said unit owners are concerned that noise from the deck will be audible in 8th floor residences. Thomas Kenyon said he lives within 200 feet of the proposed dock and objects to the issuance of permits. He said he lives in a residential community and complained about the unclean appearance of the restaurant. He opposed the proposed expansion and how it would negatively affect Sand Key residents. Dr. Glynda Smith said she is a Clinical Psychologist and lives at Crescent Beach. She opposed approval of the deck because of her concerns regarding noise, litter, and crime. She requested Sand Key’s serene and tranquil atmosphere be retained. Dr. Smith expressed concern regarding potential personal harm because of a lack of impulse control when alcohol is used. Mr. Abdullaj said no one complains about the Coast Guard station’s use of loud speakers. He noted the City allows 24-hour public access to the beach. He said portable toilets should be erected for public use so people would not use his restaurant’s facilities. Hearing Officer Johnson requested the parties file proposed final orders within ten days. He said he would issue a formal order within 30 days. Proceedings were concluded at 11:33 p.m. by Hearing Officer Johnston.