110 W. New York Ave.
DeLand, FL 32720
By Al Everson
posted Mar 7, 2012 - 5:17:53pm
Deltona has formally notified the owner of a sexually oriented business that he must shut down the store and/or move by mid-April.
Enforcement Services Director Dale Baker officially ordered Dare Wear, also known as the Adult Superstore, to cease operating at 2031 Saxon Blvd., Suite 104, by April 13 or risk further action.
"If he does not comply, then we'll take the next step, which is to set a hearing before the special magistrate and get a ruling," Baker said.
Continued violations could bring stiff fines, as much as $250 per day.
"At this time, there is no comment," Dare Wear owner Shawn Dresser said, when contacted by The Beacon.
Baker confirmed he hand-delivered the "notice of code violation" to Dresser on Valentine's Day, Feb. 14.
The code-enforcement chief's action came one day after the Deltona City Commission, at the end of a workshop on Dare Wear, reached a consensus in favor of requiring the store to close or move to industrially zoned property, consistent with the city's zoning code.
In 1997, Deltona adopted an adult-entertainment ordinance that allows sexually oriented businesses only in industrial zones. The city had given Dare Wear five years' grace, and did not enforce the ordinance when the store didn't move in 2002.
Dare Wear has been in business in its current location for more than 20 years, well before Deltona became a city in 1995.
Deltona's zoning maps now have only three industrial districts, and two of them are too close to schools to allow a business like Dare Wear to open and operate. The only other industrially zoned property in Deltona is in the Deltona portion of the Southwest Activity Center tract, not far from the new Epic Theatres along North Normandy Boulevard.
When the City Commission called for Dare Wear to shut down, commissioners said the business is inappropriate along a gateway to Deltona.
Saxon Boulevard, where the store sits, is a key artery linking Deltona and Orange City, as well as connecting much of Deltona with Interstate 4.
The presence of Dare Wear on land zoned for commercial uses also violates the city's adult-entertainment ordinance, they argued, and the store currently is well within 1,500 feet of a neighborhood, which is also prohibited by the city's 1997 ordinance.
City officials acknowledged that no one in authority had followed up by requiring Dare Wear to comply with the law in 2002, after the five-year sunset period expired.
The notice given to Dresser Feb. 14 specifies three alleged code violations: one for opening, operating or enlarging a an adult-entertainment business where the zoning does not permit it; one for having an adult-entertainment business too close to a residential district; and a third for maintaining the adult-entertainment business at its long-standing address beyond the deadline of Oct. 1, 2002.
The notice closes with a notation of the "corrective action" required: "Relocate to an area zoned industrial or cease operations within 60 days."
The notice also sets April 13 as the date for re-inspection, to determine if Dresser has closed his store and/or moved.
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