Agenda - Planning Commission - 12/07/2006

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--, Page 6 - November 10, 2006 Z.B. .--, DECISION: Reversed. A municipality had the right to regulate the placement of liquor licenses within its boundaries. The applicable ordinance required proposed SDD businesses to: 1) be located at least 1,000 feet from any existing SDD li- censed establishment; 2) be at least 400 feet from any area schools or churches; 3) be accessible from a public way at least 120 feet in width; and 4) display and sell liquor from behind the counter with no direct public access. Costco and the city agreed that Costco met the first three requirements for the SDD license. Costco requested a waiver of the fourth, but the council denied it. The lower court had found that the council's decision to deny the SDD was arbitrary and lacked a rational basis. However, when a court reviews and administrative body's decision, it must affIrm the body's decision unless it was contrary to law, based on improper procedure, not supported by substantial evidence on the record, or an abuse of discretion. The lower court was also required to defer to the fmdings of the city council if the findings were supported on the record. Here, when the appeals court reviewed the record, it concluded that the lower court substituted its opinion for that of city council. The city council had made competent findings of fact that would support the decision to the limit the number of SSD licenses in the area. The record also showed that the council stated that the community was already served by a sufficient number of SDD licensed establishments. The city council's decision should have been affirmed, because it was sup- ported by substantial evidence. As such, the decision of the lower court was reversed. see also: Jeffrey Lauren Land Co. v. City of Livonia, 326 N. W2d 604 (1982). ') Ordinance - County claims part of ordinance is mere preamble Neighbors argue it is essential and binding Citation: Renkey v. County Board of Arlington County, Supreme Court of _ Virginia, No. 052139 (2006) VIRGINIA (09/15/06) - The First Baptist Church of Clarendon (FBCC) owned property near a metrorail station that was designated "Semi-Public" in the Ar- lington County General Land Use Plan. One portion of the subject property was zoned a General Commercial, or "C- 3" district, while the remaining portion was zoned a One-Family, Restricted Two-Family Dwelling district, designated as "R- 5." FBCC wanted to develop a multistory building that would include a church sanctuary, church offices, and 116 residential units, 60 percent of which would be leased at affordable rental levels based on the official area . =) @ 2006 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (617) 542-0048. 70