04-26-2012 Regular Session-The Village Tobacco Shop VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Chuck Huff, Acting Village Manager Ni,(jk
BY: Jodi Nentwick, Village Planner
DATE: April 26, 2012
SUBJECT: MOTION — Issuance of Special Permit for Establishment of a Similar Use
within CC Transitional Commercial Zoning District(The Village Tobacco Shop)
The Village Administration received a request for a Special Use Permit from Dolores LaShomb
and Betty Fanshier, owners of The Village Tobacco Shop, seeking to operate a retail tobacco
and gift shop at 9092 Alternate Al A, located within the same plaza formerly known as the Far
East Market. This property is located with the CC Transitional Commercial Zoning District.
Staff has reviewed the attached application for compliance with the guidelines set forth in
Section 45-16.1 of the Village Code. Based on such review, Staff has concluded that the
proposed use does not appear to be more intense than existing and permitted uses within the CC
Zoning District.
Staff does recommend that the following conditions be made a part of the Special Permit should
Council elect to grant this request:
1. Prohibit the sale of any type of artificial or natural spices or herbs
2. Prohibit the sale of any type of drug paraphernalia or similar type items
affiliated to a "Head Shop."
3. The store's inventory shall be limited to the items listed in the letter from
Dolores LaShomb dated March 5, 2012.
4. The hours of operation to be limited to: Monday and Tuesday, 11:00 A.M. to
8:00 P.M.; Wednesday through Saturday, 11:00 A.M. to 9:00 P.M.; and
Sunday, 11:00 A.M. to 6:00 P.M.
This item was presented to Council at its April 12th Workshop and was moved to "Regular" by
consensus with the condition the applicant shall obtain written approval from the Community
Development Director prior to selling additional inventory items.
The attached Order was reviewed by your Village Attorney for legal sufficiency
Recommendation:
The Administration requests Council consideration and approval by Motion of the
Application for a Special Use Permit to establish a Similar Use filed by The Village
Tobacco Shop to authorize the operation of a retail tobacco and gift shop and
subject to the above recommended conditions located at 9092 Alternate AlA, in
accordance with Village Policies and Procedures.
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VILLAGE OF NORTH PALM BEACH
ORDER ON APPLICATION FOR SPECIAL USE PERMIT
Applicant: The Village Tobacco Shop
Location: 9080 Alternate Al Parcel ("Premises")
Legal Description: Lot 8, Rivard Subdivision (Less SR A-1-A R/W)
PCN: 68-43-42-17-06-000-0080
Zoning District: CC Transitional Commercial District
Request: Special Use Permit for a Similar Use to operate an indoor retail tobacco
and gift shop
This matter came before the Village Council for public hearing on April 26, 2012. Upon
consideration of the recommendation of Community Development Director and the statements
presented by the Applicant, members of the public and other interested persons during the course
of the public hearing, the Village Council hereby finds as follows:
The Applicant's request satisfies the criteria and requirements set forth in Section
45-16.1 of the Village Code of Ordinances for the grant of a special use permit for
the establishment of similar use within the CC transitional commercial zoning
district.
Based on the foregoing, it is hereby ORDERED by the Village Council that:
1. The Applicant's request to establish a Retail Tobacco Shop on the Premises is
GRANTED subject to the following conditions:
A. The sale of any type of artificial or natural spices or herbs is prohibited.
B. The sale of any type of item designed or intended for use as drug paraphernalia or
similar types of items affiliated with a"Head Shop" is prohibited.
C. The store's inventory shall be limited to the items listed in the letter from Dolores
LaShomb dated March 5, 2012. The applicant shall obtain written approval from
the Community Development Director prior to selling additional inventory items.
D. The hours of operation shall be limited to: Monday and Tuesday, 11:00 A.M. to
8:00 P.M.; Wednesday through Saturday, 11:00 A.M. to 9:00 P.M.; and Sunday,
11:00 A.M. to 6:00 P.M.
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2. Should the Applicant fail to meet any of the conditions outlined above, the
Community Development Director may revoke this Special Use Permit in accordance with the
provisions of Section 45-16.1(f) of the Village Code of Ordinances
DONE AND ORDERED this day of April, 2012.
VILLAGE OF NORTH PALM BEACH
By:
David Norris, Mayor
ATTEST:
Melissa Teal, Village Clerk
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