Sarasota News Leader

03/15/2013

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Sarasota News Leader March 15, 2013 Page 52 Brown is using. "It would be hard for us to say said only that he and his staff needed to work through a "factual matter.") [if a violation has occurred]," he added. Regarding some special exception cases, Thompson noted, it is "quite difficult to make that determination [of violation] today … Some of our older exceptions don't quite have the specificity that we really need to make a knowledgeable determination that the dance floor or entertainment has moved, but we make every effort, the best effort, we can." A copy of the county's special exceptions for Siesta Key businesses, provided to The Sarasota News Leader by the Siesta Key Village Association in 2012, says of The Hub, "Must be a restaurant on site and any expansions will require an additional Special Exception." Then Patterson told the audience, "You know, we're in a lawsuit with these folks right now anyway." She said no more in response to Volpe's points. "To get [a] permit to operate, you're supposed to have so many parking spaces," Erne said of restaurants. Yet, "all those spaces get used for entertainment" on some occasions, she added. (Although the Sarasota County Attorney's Office had recommended a settlement — following mediation — in a lawsuit Brown filed in October 2011 regarding his assessments for Siesta Village parking, no agreement has been signed. "They just spontaneously do this in the parking lots?" Catherine Luckner asked. The notation also notes that the music cannot exceed 85 decibels "as measured at property According to material she had distributed to boundary of the nightclub." The special excepthe SKA members that day, Volpe said The tion was granted on March 24, 1992, it adds. Hub's entertainment has to be indoors. "What The document Thompson provided the SKA defines 'indoor'?" he asked. members says, "Approved indoor entertain"It means just that," Thompson replied, adding ment from 9:00 a.m. until 1:30 a.m. with the that a violation could occur only after 10 p.m. decibel level not to exceed 85 decibels at the The county code allows entertainment until property boundary from sound generated by the activity permitted by the Special Excep10 p.m., she had noted earlier. tion." "And a patio is outdoor," Volpe said. The Hub's special exception calls for the entertainment PARKING VERSUS MUSIC to be indoors, he reiterated. During the discussion, Diane Erne, who lives "In their special exception?" Patterson asked. near Siesta Village, also pointed out that some "That's interesting," she added as she read the restaurants use parts of their parking areas to stage musical performances. section Volpe had indicated. "They shouldn't be using their required parking for entertainment," Thompson responded. "It happens," Erne told her with a wry laugh. During his report to the County Commission Thompson said Erne should report any such on Feb. 12, County Attorney Stephen DeMarsh violations to Burns. %

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