HOLMES BEACH — A few minor changes to the approved AMI Plaza site plan amendment had commissioners worried they would need a new ordinance and approvals.
City Attorney Patricia Petruff said the original adopted ordinance gives enough direction to make the small changes without having to restart the approval process.
But commissioners decided not to provide relief to property owner Mike Hynds for a landscaping requirement at the plaza’s off-site parking.
Another area where Hynds won’t find relief is the parking requirements for the four residential rental units planned for the second floor of the plaza and the tenants on the bottom floor, including the now-vacant anchor restaurant.
In order to have the correct amount of parking spaces, both on and off site, the number of seats inside the former Lobstah’s restaurant must be reduced from 138 to 134. Two additional parking spaces from another tenant in the building also are needed after 5 p.m. to meet the requirements for the complex.
Commissioners agreed they’d like to see a written agreement for the parking between Hynds and which of his tenants would be closing at or before 5 p.m. to provide the spaces.
Petruff also recommended Building Official Jim McGuinness write Hynds a letter informing him of the potential loss of nonconforming use for the vacant restaurant.
Currently, the restaurant has a grandfathered nonconforming use, allowing for five seats per parking space instead of the newer three seats per parking space allowance for dining establishments. If the restaurant remains closed for 180 days, it voids the grandfathered allowance, holding the establishment to the current standard when it reopens. Change of use of the space also would void the grandfathered provision.
Lobstah’s closed in late June, giving Hynds until the end of December to find a new tenant and reopen without losing the nonconforming use status.
Hynds was absent from the Sept. 28 meeting.
