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CASSELBERRY CITY COMMISSION Minutes of JUDe 23, 2008 . Regular Meeting Page 11 ofl7 the requirement may be requested through application to the City Commission and utilizing the criteria for variance requests provided in ULDR Section 1-2.7. The applicant, Rice & Beans Club, is requesting a variance to allow a 775 foot distance separation in lieu of the required minimum 1,000 foot separation requirement. The location is within 1,000 feet of Rolando's Cuban Restaurant and the former Don Pablo's restaurant. The Don Pablo's location was operating under a special restaurant SRX alcohol license which is exempt from distance separation requirements. Rolando's Cuban Restaurant has a2COP alcohol beverage license. The applicant was advised that he could pursue a SRX alcohol license with the State or submit a variance request. The Rice & Beans Club was too small to meet the requirements to pursue a SRX alcohol license. The applicant elected to open the restaurant portion of the business prior to obtaining alcoholic beverage approval and was issued a business license for the restaurant without alcohol sales on May 20, 2008. Budget Impact: There is no budget impact from this item. Recommendation: The City Manager and the Community Development Director recommended denial of variance request BA 08-05 for a distance separation of 775 rather than the required 1,000 foot distance separation between the alcohol serving establishments based on the inability of the proposal to meet the criteria for considering variances provided in the staff report dated June 9, 2008. The June 9, 2008 staff report is attached to and made a part ofthese minutes. Requesting Party Presentation: Mr. Ricardo Calzada, Attorney with the law firm of Dorough, Calzada & Hamner, PL., stated he was representing the applicant, Rice & Beans Clubhouse located at 908 East State Road 436. Mr. Calzada disputed the City's method of measurement of the distance separation between the Rice & Beans Club and Rolando's, citing case law from 1963. The City Attorney requested and was provide a copy ofthe referenced case law to review. Mr. Calzada distributed copies of Section 10.7 ofthe City Code, and photos depicting the method of measurement used by the City and his interpretation of what the method of measurement should have been, and voiced concerns about the pathway crossing a grassy area that he believed is meant for drainage. Discussion: The City Attorney stated she did not believe the 1963 case Mr. Calzada cited addressed surfaces, but was addressing utilizing private property versus public property for a path. Discussion ensued regarding the nature of the grassy area utilized in the City's measurement of the reasonable walking path between the Rice & Beans Club to Rolando's. Commissioner Miller inquired if a variance would be required if the City Commission determined that Mr. Calzada's method of measurement of the distance separation was valid. The City Attorney stated if the City Commission made that determination, the variance request would be dismissed. Commissioner Miller and Mayor Goff spoke in favor of Mr. Calzada's method of measurement. Additional photos of the subject area and the two methods of measurement were distributed to the City Commission by Mr. Paradise. Vice Mayor Hufford, Commissioner Doerner and Commissioner Solomon discussed the intent of the distance separation code requirements. MOTION: Commissioner Miller moved to dismiss variance request BA 08-05, based on the applicant meeting the 1,000 foot distance separation criteria for businesses serving alcoholic beverages. Mayor Goff passed the gavel to Vice Mayor Hufford and seconded the motion.