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06-24-1975 Special o o I~LG ZONING BOARD SPECIAL MEETING HELD JUNE 24, 1975 The Special Meeting of the Zoning Board was called to order Tuesday, June 24, 1975, at 7:30 by Chairman Robert Wolfe. ROLL CALL Mr. John Brittingham Mr. James Mackie Mr. Ryta Webber Mr. David Wiggins Mr. Robert Wolfe Excused Present Present Present Present APPROVAL OF MINUTES Mr. Wiggins made a motion that the minutes of the regular meeting held June 3, 1975 be approved as read, being seconded by Mrs. Webber. Said motion CARRIED. Chairman Wolfe stated that we will go down the agenda and han~le each case. 1. B-3 Mr. Tommy Goodwin requested an occupational license for the operation of a private club or "Bottle Club" at the present location of the Ship Restaurant. The categories close to that which was requested are as follows but does not cover the speci- fic request: 1. Liquor Stores 2. Restaurants, Types A B & C 3. Taverns. Attorney Rob't H. Matthews spoke to the board on behalf of Mr. Goodwin. Mr. Wolfe stated that his only question is that this would be allowed under the State Laws. Mr. Matthews explained that Mr. Goodwin has already checked with the State and there are no problems. He explained that as long as no alcoholic beverage is sold this would not be affected by the Alcoholic Beverage Law. Mr. Mackie stated that as long as this is o.k. through the State to protect Mr. Goodwin, this should be taken care of first. Mrs. Webber asked whether this would be fair to the other local bar s ? Mr. Matthews explained that Mr. Goodwin is not going to be selling any alcoholic beverages, the members of the club will own their liquor themselves and he will simply sell the set ups. Chairman Wolfe stated that if the board wishes to decide on this, what has to be done first is recommend to the City what a "Bottle Clubll is and what license they should pay. After much discussion in regard to this matter Mr. Wiggins made a motion to recommend to the Council that Under B-3 zoning, the premises owned by the Ship Restaurant shall be known as a "Private Club" from the hours of 11:00 P.M. to 4:00 A.M. at which time no liquor shall be sold, any alcoholic beverages on the premises during this time shall be owned by the private members of the club. A $100.00 a year fee is recommended, which is the same as a Night Club pays (License #201), being seconded by Mr. Mackie. Upon roll call vote said motion CARRIED. Vote being 3 for and 1 against. o o 2. B-3 The operators of Handy-Way Store located at U.S. #1 and Indian River Blvd. have requested a permit (building) for the operation of a self service station. The nearest category listed but does not cover the specific request is as follows: 1. Gasoline Service Station, Type A B & C 2. Minor Service Stations, 3. Tire and Battery Service. Mr. Mackie stated that he is bothered by this because a plot plan of some sort should be brought before the ~Qning Board in a case like this. Chairman Wolfe stated that he would like to see a plot plan and he would like to know what is required by the State laws. After much discussion, Chairman Wolfe stated that a memorandum should be typed to the City Manager stating that the board will not act on this matter until a site and plot plan or detailed drawing is brought before the board. He would also like a copy of the Florida State Statutes on service stations. 3. 1-1 Mr. Jim Anders requested an occupational license for a varied recreational game business (horseshoes, minature golf, etc.) The property in question is located on Industrial Blvd. adjacent to Aqua Park Swim Club. Mr. Jim Anders was present, and spoke to the board about this, that he is mainly here for some information before he makes any defin~te plans. The board members seemed to be favorable about a recreational type of business in this area and Mr. Anders was told that they didn't see any problems as long as he com~before the board with a drawing or a plot plan of his intentions. 4. B-5 Mr. Barnett has indicated a considerable drop in business since he was requested to move h~s merchandise inside the building located on the Northwest corner of Park Avenue and U.S. #1. This business is located in the same zoning as A-l Rental which displays its merchandise outside the premises. It is also located across the street from a B-1 zone which allows for display outside the premises. Mr. Barnett and others within a B-5 zone request some type of relief from the display restriction which he claims has had a detremented economic affect on his business. Mr. Barnett spoke to the board explaining that he realizes he made a mistake by putting so many things out on the side of his building, however he explained that most of his sales are made by out-of-town buyers who see the items outside and stop in. He stated that he would like to be allowed to put the small items on the ledge in front of his building again. Chairman Wolfe Dead from a booklet from the Volusia County Governments, Mr. Fagan, "where a hardship is caused by an individual's own act he is not entitled to relief~ however where the hardship is created by the Zoning or Planning Board then we are obligated to give the individual some relief". Chairman Wolfe stated that a memo should be written to Mr. Bry.ant stating that at this time the Zoning Board is giving Mr. Barnett permission to display his merchandise on the east side of his building and not to obstruct travel on the sidewalk. -2- o o At this time Chairman Wolfe read the list of the licensed contractors, electricians, plumbers, and engineers to the members. There was discussion among the board members how other ~ards should all work in conjunction with each other. The board discussed various changes which should be made to the Ordinance. Chairman Wolfe stated that he would like to work on this at the July meeting. Mr. Mackie brought up the question whether there was a security bond for construction so that the purchaser has some security. Mrs. Webber requested a copy of the paper article be made for each member of the board. The next board meeting will be July 1st. Mr. Mackie made a motion to adjourn this meeting, being seconded by Mr. Wiggins. Said motion CARRIED. Meeting adjourned -3- <..) (,,) IJ~ AGE N D A ZONING BOARD JUNE 24,1975 Request for Unclassified businesses in various zones as follows: 1. B-3 Mr. Tommy Goodwin requested an occupational license for the operation of a private club or "Bottle Club" at the present location of the Ship Restaurant. The categories close to that which was requested are as follows but does not cover the specific request: 1. Liquor Stores 2.Restaurants, Types A.B.&C 3. Taverns. 2. B-3 The operators of Handy-Way Store located at U.S.#l and Indian River Blvd. have requested a permit (building) for the operation of a self service station. The nearest category listed but does not cover the specific request is as follows: 1. Gasoline Service Station, Type A.B. &C, 2. Minor Service Stations, 3. Tire and Battery Service. 3. I-I Mr. Jim Anders requested an occupational license for a varied recreational game business (horeshoEs, minature golf, etc.~ The property in question is located on Industrial Blvd. adjacent to Aqua Park Swim Club. 4. B-5 Mr. Barnett has indicated a considerable drop in business since he was requested to move his merchandise inside the building located on the Northwest corner of Park Avenue and U.S. #1. This business is located in the same zoning as A-I Rental which displays its merchandise outside the premises. It is also located across the street from a B-1 zone which allows for display outside the premises. Mr. Barnett and others within a B-5 zone request some type of relief from the display restriction which he claims has had a det~emented economic affect on his business.