Division of Administrative Hearings, Florida
Filed: Sep. 03, 1991
As a result of a Motion to Dismiss filed by Palm Pavilion, Inc., a preliminary issue is whether Section 137.029 of the Clearwater Land Development Code (the Code) barred the filing of the application in this case. The issue on the merits of the application is whether the evidence sustains the decision of the City of Clearwater Planning and Zoning Board (the Board) to deny the application of the Appellants, Nostimo, Inc., and Pick Kwik Food Stores, Inc., for a conditional use permit to sell beer and wine, for off- premise consumption, at 32 Bay Esplanade, Clearwater, Florida. As a result of stipulations entered into by the parties, the specific issue was narrowed to whether the evidence sustains the Board's decision that the use is not compatible with the surrounding area or imposes an excessive burden or has a substantial negative impact on surrounding or adjacent uses or on community facilities or services. See Preliminary Statement.Conditional use permit to sell beer and wine for off-premises consumption is compatible with similar permit across street; must reapply when other expire
