On Wednesday evening, the Camden County Planning and Zoning Commission will hear a reexamination appeal for a conditional use permit (CUP) to allow outdoor music at Paradise Tropical Restaurant & Bar in the Sunrise Beach area.
In May, the Camden County Planning Commission denied a proposed CUP on the property zoned B-1 commercial that would have allowed the lakefront establishment to have outdoor music with an acoustic privacy wall for noise abatement.
The permit went down in a tie vote with four commissioners voting for the permit and four against. Three commissioners were absent from the meeting.
Paradise owner George Tucker has requested a reexamination of the CUP with a new proposal, according to Administrator Don Hathaway.
The reexamination will allow Paradise the opportunity to ask the planning commission to consider the new information or an alternate option without going through the entire process and paying application fees again.
Paradise representatives will have the opportunity to present the general concept of the new information. For the reexamination to then go forward, just one of the planning commissioners who voted against the CUP must request to reopen the case. If that occurs, the planning commission could then get further detail from the applicant or others and vote on the new proposal.
The reexamination procedure does not include a public hearing, causing concerns from many of the homeowners who attended past meetings to testify against the CUP.
These full and part time residents have complained about noise from the business disturbing the peace and in some cases causing the walls of their homes to vibrate. In addition to disturbing the peace of their neighborhood, a certified appraiser paid for by one of the homeowners indicated that the outdoor music had negatively affected residential property values in the area by 20 percent.
Homeowners have complained that Paradise is continuing to play outdoor music despite the May 15 decision against the CUP.
The lakefront venue is also facing a lawsuit from homeowner Richard Danowsky.
The lawsuit claims that Paradise has been in violation of the Lake District Unified Land Use Code by playing outdoor music in B-1 commercial zoning. The suit seeks a permanent injunction against the outdoor music to enforce the county's regulations because it claims the county is failing to prevent zoning violations.
The Camden County P&Z meeting will held at 5:30 p.m. Wednesday, June 19, in the third floor hearing room in the Camden County Courthouse at Highway 54 and Business Route 5 in Camdenton.