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Board approves alcohol distance waiver for 129 N. Federal Hwy amid neighborhood safety concerns, 3-1
Summary
After public testimony citing late-night disturbances and a failed initial motion for lack of a second, the Planning & Zoning Board approved a distance waiver to allow on-site alcohol consumption at 129 North Federal Highway for a 4-COP license, voting 3-1 with Greg Richter dissenting.
The Planning & Zoning Board voted 3-1 on April 1 to approve PZB 25-00600002, a request for an alcohol distance waiver that would permit on-site consumption at 129 North Federal Highway. The property owner is seeking a 4-COP license from the State. Staff reported the owner has held the property since 2017 and submitted documentation (MLS listings, tenant leases, zoning verification letters) that staff said demonstrated intent to continue the prior use, but because the previous license lapsed the owner did not qualify automatically for some waiver criteria.
Several nearby residents testified they had experienced repeated late-night disturbances when the prior tenant operated, citing arguments, fights, loud music and alleged drug activity. Affected party Rafael Jimenez said the waiver "will affect the health, safety and welfare of nearby residents" and urged the Board to treat the request as a new use rather than a continuation. Robert and Elaine Fontaine and Sandra Erwin described nightly problems when "Willie's" operated and asked the Board to deny the waiver.
The applicant, property owner Robert Miller, and tenant Jimmy Dassler said the proposed business would be different and family-friendly; Dassler said he planned an arcade-style venue. "If the venue is a destination, people come from other places," Dassler said, arguing the presence of a business could help reduce illegal activity near the vacant property. The Board debated conditions including limiting hours to midnight; Board member Greg Richter said he could not approve without clearer evidence that the concerns were resolved.
An initial motion to approve (motion by Mark Humm) failed for lack of a second. After further discussion the Board reconsidered; Mark Humm moved again to approve with staff recommended conditions and Darryl Shatto seconded. The motion passed 3-1 (Humm, Shatto, Chair Pawski yes; Richter no). The Board recorded that another licensed establishment exists within 500 feet and that a church and nursery are nearby; staff noted the alley between the subject parcel and residences is about 50 feet. The decision carries the staff-recommended conditions of approval and will be enforced as conditioned by the City.
