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County OKs special exception for Miyagi Sushi to serve beer and wine despite school proximity
Summary
Seminole County commissioners approved a special exception Aug. 12 to allow Miyagi Sushi & Hibachi to obtain a beer-and-wine (2COP) license even though the restaurant sits within 1,000 feet of a private early-learning center; staff and Planning & Zoning recommended approval with conditions.
The Board of County Commissioners on Aug. 12 approved a special exception permitting Miyagi Sushi & Hibachi to apply for an on-site beer-and-wine license despite the restaurant being 544 feet from UCP Seminole Early Learning Center. The applicant and staff said the restaurant is an existing bona fide establishment inside a shopping center and proposed no outdoor seating.
Hillary Paden of Planning and Development said the restaurant unit is 2,000 square feet and seats 56. “The restaurant located within an existing shopping center is 544 feet from UCP Seminole Early Learning Center, which does not meet the 1,000 foot separation from schools as is required by the land development code,” Paden said. Staff found the request met the code’s four criteria for a special exception and reported the applicant held a community meeting on June 8.
Owner Wen Zheng addressed the board and said the proposal is for a common restaurant practice to serve a limited alcohol menu: “This is just a restaurant, so it's very common to serve a 2 COP alcohol for beer and wine…We will not harm for any of the community,” he said.
Commission discussion focused on how separation distances are measured under the land development code — by property line rather than by direct building-to-building distance — and on options for future LDC amendments. Commissioner Lockhart noted that multiple restaurants within the same shopping center may each need separate approvals under current rules. Deputy County Attorney Naysa Borchert said staff plans LDC amendments to standardize measurement rules for separations from schools and religious facilities.
Commissioner Lockhart moved to approve the special exception with the conditions in the development order; the motion was seconded and passed unanimously.
Staff will include the development order conditions in the permit and pursue LDC amendments to clarify distance measurements in future code updates.
