Title
Appeal of Development Review Board Decision - Jack's Bar Case - 16 and 24 S. Main Street, Petition DB-11-38 SPA (B)
This item is an appeal filed challenging the Development Review Board's decision to grant Preliminary Development Plan approval of Petition DB-11-38 SPA for conversion of an existing office space to a bar (Alcoholic Beverage Establishment) with an associated outdoor café.
Explanation
On May 12, 2011, the Development Review Board (DRB) considered Petition DB-11-38 SPA at a public hearing and voted 4 - 0 to continue the petition asking the applicant to address issues related to establishing a principal use by expanding the interior space allocated for the Alcoholic Beverage Establishment, including a photometric plan, establishing a definitive fence height of 48 inches and working with staff to address comments from an adjacent neighbor.
On June 9, 2011, the petition was resubmitted to the Development Review Board (DRB) at a public hearing. The board voted to approve the Petition with staff conditions, by a vote of 4-0.
On June 27, 2011, Mr. Michael Volk, representing Historic Gainesville Inc., filed an appeal to the DRB decision. The appeal alleges that Preliminary Development Plan approval should not have been granted for the following reasons: 1) the project is an intensification of a non-conforming condition and does not conform to the City of Gainesville's Code and the Comprehensive plan; 2) the project does not comply with the intent of Policy 3.5.6 of the Urban Design Element of the Comprehensive Plan; 3) the project does not comply with the intent and wording of the "Special Area Plan overlay district for the Traditional City"; 4) the project does not comply with the requirements of the Central City District in that the area devoted to outdoor café is greater than the area devoted to Alcoholic Beverage Establishment; and 5) the proposed development does not comply with Sections 30-87 and 30-23 of the City of Gaines...
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