Thursday, November 13, 2008

While Key West officials meet tonight to discuss the city's Code Compliance department, a neighborhood meeting will take place among piano bar owners and their neighbors on Upper Duval Street.

Owners of The Keys, in the 1100 block where Alice's restaurant recently closed, have applied for a conditional-use permit that would allow them to operate as a bar rather than a restaurant. The Planning Board last month denied the permit and encouraged the owners to meet with their neighbors, who expressed concerns about the increased traffic and noise in the neighborhood, which remains largely residential.

That meeting is scheduled to take place at 6 o'clock tonight, said Planning Director Amy Kimball-Murley.

"The key criteria for a conditional use is not to negatively impact the surrounding area," she said, explaining that the neighborhood is not zoned specifically for a bar, but restaurants are a permitted use.

A conditional-use approval is needed whenever someone wants to operate a business that is not specifically allowed in the city's zoning descriptions.

City Commissioner Clayton Lopez, whose district includes The Keys, on Wednesday said he had not heard about the neighborhood meeting, but would be happy to work with the parties involved to reach an agreement.

"This lack of communication seems to be the biggest problem in my district," he said. "I'd love to meet with them to hear the complaints and try to find a solution."

Owners of The Keys did not return The Citizen's phone calls seeking comment Wednesday.

Despite the Planning Board's denial, the business has been operating since Fantasy Fest. As long as its principal operation is serving food, not serving drinks, the owners are not violating any laws, Kimball-Murley said.

She was unaware of the specifics of the menu at The Keys, and said her department has not investigated whether the business is meeting the definition of a restaurant.

"Code Compliance is complaint driven," Kimball-Murley said. "So if we receive a complaint, we would look into it."

The Keys' owners are scheduled to appear before the Planning Board again on Nov. 20, when they once again will seek permission to operate as a bar.

"I think it's possible for them to come forward with a list of conditions that the neighbors can agree to," Kimball-Murley said. "I think the piano bar is not the issue, but we need to make sure the conditions on the permit address future uses and concerns. The question is more, 'What could end up there if the piano bar goes out of business?'"

A red stop-work order the city's Building Department posted on the door of the piano bar pertained to a lighting situation, not whether the business is allowed to operate.

mbolen@keysnews.com