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Committee backs limited beer and wine sales for small Alton Road café; seating cap discussed
Summary
Members supported an amendment to permit limited alcoholic beverage sales as an accessory use in a small, nonconforming café on Alton Road, with commissioners proposing a 10‑seat cap and flexibility for future hour changes; adopted by acclamation for referral under the land development regulations amendment process.
The committee voted Jan. 16 to advance an amendment to the Land Development Regulations to allow limited alcoholic beverage sales (beer and wine only) as an accessory use at certain nonconforming cafes in the RO Residential Office district along Alton Road.
Commissioner Dominguez, the item sponsor, said the change responds to a long‑standing anomalous zoning gap: blocks north of 14th Street and south of 12th Street allow alcohol sales; the small stretch in the RO zone does not. Dominguez said the request came from a local resident‑owner of a garden center that operates a small café and that “there aren't any residences near it. And, on either side, it's businesses.”
Tom (planning staff) clarified the zoning: the east side of the 12th–13th 100 blocks is zoned RO after a downzoning in the late 1990s, producing existing legal nonconforming uses. Tom said the proposal would allow “the limited sale of alcoholic beverages within existing nonconforming cafes” and that the proposal contemplates beer and wine only.
Committee members proposed adding a 10‑seat occupancy limit to reflect the café’s current Business Tax Receipt (BTR) seating and to keep the authorization limited to small establishments. Commissioner Baught suggested including the seating cap in the legislation; the sponsor agreed: “Alright. Well, let's start with 10.” Staff and the city attorney indicated that approvals for alcohol would vest but that the commission could retain authority to alter hours in the future.
The item was moved and adopted by acclamation. The memo asked staff to send the amendment for referral to the planning board and then to the City Commission for consideration as part of the formal LDR amendment process.
