Winn-Dixie liquor store denied special exception request

BY MARK J. CRAWFORD

Telegraph Editor

STARKE — Winn-Dixie alcohol sales will remain restricted to beer and wine. On April 18, the Starke Board of Adjustment denied a special exception application to place a liquor store on the premises.

Winn-Dixie brought the application to the board on behalf of Belco Enterprises, owner of the grocery store site as well as the neighboring strip mall on Orange Street. 

The application came with a positive recommendation from staff at the North Central Florida Regional Planning Council. Planner Sandra Joseph repeatedly emphasized the placement of the 1,586 square-foot liquor store within Winn-Dixie’s nearly 59,000 square-foot footprint as the reason the addition would have no impact on public facilities, parking, transportation, environment, etc.

Citizen Ron Denmark, however, testified there would indeed be an impact on public health, safety and morals, asking Board of Adjustment members to take more complete look at the standards for approving or denying a special exception within the city’s land development regulations. 

“I haven’t seen any evidence how this would promote public health, how it would promote safety, morals,” Denmark said. Entering several documents into the record, he said the licensing and sale of alcohol is profit driven at the expense of public health and safety. Citing an assessment from the local health department, he said substance abuse was a top problem for Bradford County, with drug and alcohol abuse being among the most problematic behaviors affecting public health.

According to Denmark, the applicant downplayed the impact to public health and safety of the new store by noting the availability of alcohol elsewhere in the city. Denmark turned that around, offering evidence he said tied the number of liquor stores and the availability of alcohol to the crime rate. 

“In other words, the more alcohol stores you put in this city, the more crime will happen in the city,” he said.

Citizen Danielle Smith echoed his testimony, saying Starke has enough liquor stores already. She said they stay open late, increasing the chance for accidents.

Attorney Dan Sikes questioned the truth of the application, which inquires about special exception applications. The applicant said no. Sikes used newspaper coverage and city records to show otherwise. 

Winn-Dixie submitted and then withdrew a special exception application for a liquor store on behalf of Belco in 2002. Sikes’ client, Mina Thakor, who owns other liquor stores in town, also applied for a special exception while leasing property in the Belco-owned strip mall next door to Winn-Dixie. Thakor was unanimously denied the special exception in 2012, so Sikes said there was both a history of applications and a history of denying an application.

Without this information and the opportunity for the Board of Adjustment to examine the reasons why the previous applications were either retracted or denied, Sikes said the current application was incomplete.

“My question would be, what has changed since 2012?” he asked.

Suzanne VanLeeuwen, the attorney representing Winn-Dixie, said they attempted a background check with city when completing the application, but were not provided with the information. She also objected to the various articles provided by Denmark being considered expert testimony.  

Board of Adjustment Member Glenda Ruise asked if additional research had brought the prior applications to light, would the applicant still be before the board requesting the special exception. She wanted to know if the same issues were raised at that time.

VanLeeuwen said the current application is concerned with the Winn-Dixie location, not the strip mall across the street, nor with a past application that the applicant withdrew.

Based on the information presented, Ruise moved to deny the application and was supported by fellow Board Member Carrie Johnson. Vice Chairman Walt Westcott cast a dissenting vote. 

In her testimony, VanLeeuwen said the liquor store would have an added retail benefit for customers and nearby residents, operating only during the grocery store’s normal hours. Four to five new jobs would have been created.