1999-0311 Regular City Commision Meeting

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Mr. Price, Esq., speaking on behalf of the applicant, said that the basis of the variance request is equal treatment under the law, noting that the City had previously approved a use variance for the Black Angus Steakhouse under similar facts [City Clerk's Note: see Res. No. 97-Z-4, approved on November 20, 1997] He also asserted that the Zoning is not uniform on the west side of Collins Avenue,and the Boardwalk had been operating for16 years at the same address. Zoning&Code Administrator Jorge Vera summarized his written recommendation for denial, and City Building Official Michael Berkman read his entire report. Through questions by Commissioner Danny Iglesias it was noted that the Black Angus approval was granting a non- use variance. Police Chief Richard Harrison introduced Sgt. Kelvin Davis who reported on a total of four(4) legal administrative actions. Vice Mayor Turetsky asked if any other such businesses are located in strip shopping centers, and Mr. Berkman said there were two adult book stores, and also one free standing building. Commissioner Iglesias observed that the business could continue to sell liquor and stay open as a bar if the requests were denied. Commissioner Kauffman asked if a legal"hardship"had been presented to justify granting the variance request, and Mr. Berkman said"no". Mr. Price objected, noting that he made it very clear that the applicant was not asserting a right to a variance based on "hardship."Mr. Price repeated that there are two ways to obtain a variance, one is "hardship", the other is "discrimination" and he said he had proved that the City gave permission to the Black Angus to have a five piece band and a vocalist without having a license for a nightclub.Mr.Price said he was arguing a claim of discrimination, not hardship. He also pointed out that there is no legal location in this City for an adult entertainment nightclub. Mayor Samson asked the City Attorney how it could be that the Boardwalk had so many years of longevity without licensing and a certificate of occupancy. City Attorney Dannheisser said the County apparently did not adequately enforce its Code, but that the City is entitled to enforce our Zoning laws. Commissioner Morrow suggested that the applicant reapply to be located on 163t Street, saying she would be more agreeable to such an application. Commissioner Iglesias noted that the County had denied the same request five times, yet the business had been operating illegally for 15 years. He said he was bothered by the allegation that the City had approved such a use variance request for one applicant, and might deny it for another. The City Attorney said the City has never granted any use variance. Commissioner Kauffman said she didn't see why this couldn't continue to be a cocktail lounge and package liquor store, and that she sees no hardship. Mr. Price said that the prior zoning requests were made by other owners, not Victor Zepka, and that he only learned about his lack of licensing when the City cited him. Mayor Samson said that community discussions during incorporation made clear that the people wanted a local Police force and to have Code enforcement Summary Minutes of the March 11, 1999, City Commission Meeting - Page 3 of 17