REVIEW COMMENTS
OCT-23-97 16.29 FROM.JOSIAS GOREN ET AL
IO,9S~7714923
PAGE
2/3
JOSIA.S. GOREN. CHEROF, DOODY & EZ:ROL. P.A. Fi&:! "-
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T~P"ONE (954) 771-4500
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UON,A,lltO Ci.. RUe'N
R08ERTW.V~
'.UC:HAEL D. CtftUu.o. .J1t.
October 23, 1997
VIA FACSIMILE AND U.S. MAIL
Karen E. Roselli, Esquire
500 Australian Avenue South
Ninth Floor
West Palm Beach, Florida 33401
Re: Citv of Bovnton Beach/Shol/Vtime (Buildina Permit Aoolicationl
Dear Karen:
I have discussed the issues relative to the issuance of the building permit for the
Showtime establishment with City staff and administration. On August 27, 1997, the
City's Planning and Zoning Division issued comments requiring Showtime to receive
conditional use approval for the operation of a bar on the premises. When we met
with Tambri Heyden to discuss the issue, you asserted that Mr. DeLuca had operated
the establishment as both a bar and an adult entertainment facility for quite some time
and that both were recognized nonconforming issues. You further indicated that Mr.
DeLuca was merely separating the uses within one building and was not expandir.g
either use. He is separating the uses so that he may continue to serve alcohol on the
premises without violating the Palm Beach County Adult Entertainment Code which
prohibits the sale of alcohol in establishments featuring full nudity.
As we have discussed at length, the City has two primary concerns. First, it
does not want to sanction the bar use as a separate non-conforming use. Second, the
City wishes to avoid permitting an accessory use that may somehow violate the Palm
Beach County Code. In order to address these concerns, please provide the City with
a declaration of use, in recordable form, limiting the bar use to an accessory use.
Therefore. should Mr. DeLuca abandon the adult entertainment use, the bar use would
be deemed abandoned as well. Furthermore. such declaration should contain express
language that if the Mr. DeLuca's adult entertainment license is ever revoked by Palm
Beach County, his City occupational license will be revoked as well.
OCT-23-97 1&,30 FROM,JOSIAS GOREN ET AL
10,8547714823
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Karen Roselli, Esquire
October 23, 1997
Page 2
The declaration discussed herein will satisfy the concerns raised in the Planning
and Zoning Department's comments dated August 27, 1997. Should you have any
questions relative to the foregoing, please let me know. I look forward to hearing from
you.
Sincerely yours,
--
.-7 <' ~
LEONA:tD G. RUBIN
Assistant City Attorney
LGR/lmh
'OOlS2."'.l.TIIIIIOSEW3
cc: Kerry Willis, City Manager
James Cherof, City Attorney
Tambri Heyden, Planning Director4
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
COMMENT SHEET
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PROJECT NAME:
REVIEWER'S NAME:
I ~,:
PERMIT NO.: 97- OD5~
TRACT/SUBDIVISION:
PROJECT ADDRESS: //07 IV hO{:;/&(j,. /Ly.
I
PERSON RETRIEVING COMMENTS AND/OR PLANS:
DATE .
RECEIVED: 'M.,J11.
STARTED REV W" l/I~i'J
RETURNED: I /It,/p .
~VIEW (CIRCLE):
Cl) 2 3 4 REVISION
APPROVED: /vD
Signature
I
Print Name
DATE PICKED UP:
I Plans - Comments
Z
COMMERCI
ICT:
R RESIDENTIAL
SPWV PERMIT
0,.- I FEE:
":01-0 ::::>
DESCRIPTION:
6xj)t4~lfI.V o? ,4. M)1J- C<)(1.iIR/M IlVb (J.{~.
,
The permit number identified above is the referenced number for your proposed
improvement(s). Prior to further processing on your request, the documents that
you submitted illustrating the improvement(s) shall be amended to show compliance
with the below listed comment(s). To discuss the comment(s) it is recommended
that an appointment be set-up with the reviewer identified in the upper right hand
corner, (407) 375-6260 between 8 A.M. and 5 P.M., Monday thru Friday. Please
reference the project name and permit number when corresponding with City's Staff.
After amending the planes) to show compliance with the comment(s), return both
sets of plans for re-review to the Building Department. Please note that
additional comments may be generated as a result of reviewing the amended plans.
All comments shall be rectified rior to staff review a roving the documents.
* Departments required to review the project:
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