Dear Mayor, Commissioners and other interested parties,
Currently in the City of Atlantic Beach there are NO businesses that operate 24x7 that are adjacent to a neighborhood. In fact, as you heard last night under Courtesy of Floor from Mr. Shuck, there are only 3 businesses that are open 24x7 - and none are adjacent to a neighborhood. This is easily seen from looking at the enclosed GIS maps.
On April 21 the Building Department issued a permit to Gate Petroleum. We all know their intent is to operate 24x7 - but this is against our code as 24x7 is considered "extremely late hours of operation" and would be deemed a negative impact to the surrounding Saltair neighborhood.
Our Building Permit application and code state that all structures will be done in compliance and with all applicable laws regulating construction and zoning.
Section 24-111(b) prohibits uses that have extremely late hours of operation. Furthermore, this is not a service the surrounding neighborhood wants.
The Building Permit approval to Gate should have underscored it was granted on the condition the operating hours of the gas station conform with Sec. 24-111(b). As a result, it has been issued in error.
There is clear precedence by virtue of the fact that the other convenience store/gas stations that are adjacent to neighborhoods in the City (there are two) close no later than midnight. As such, Gate should be notified that their hours of operation must comply with our ordinances and that 24x7 is not an option as extremely late hours of operation that negatively impact the surrounding neighborhood are not permitted under our code.
Thank you for correcting this error and issuing an amended building permit to Gate Petroleum.
If you foresee any difficulties with straightening out this administrative error, I would appreciate you letting me know.