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Old store gets new name and new questions - The Adult Superstore stands prominently along one of Deltona's gateway corridors, beckoning the curious to come and see its merchandise. Located in a strip center along Saxon Boulevard east of Interstate 4, the Adult Superstore and its new sign got the attention of City Commissioner Fred Lowry, who says the business's owner is violating Deltona's building and zoning laws by not securing a permit for adult entertainment and for not obtaining a permit to enlarge his store. The business has been at the same address for some 20 years, before Deltona became a city.
Commissioner, attorney raise questions about zoning
By Al Everson
posted Jan 31, 2012 - 7:14:35am
A longtime business in one of Deltona’s gateways is getting attention, but it may not be the kind of attention the store’s owners want.
The Adult Superstore at 2059 Saxon Blvd. recently changed its name and put up a new sign. Now the store has come under renewed scrutiny because of the nature and type of merchandise it offers, and because of possible violations of building and zoning laws.
The situation is complicated by concerns about the First Amendment guarantee of the rights of free speech and expression.
“I need some direction regarding the new sign that went up at the Adult Superstore,” City Attorney Becky Vose told the City Commission during a Jan. 24 discussion of a proposed sign ordinance. “It used to be Dare Wear, and it’s now the Adult Superstore.”
Commissioner Fred Lowry — who is also the pastor of Deltona Lakes Baptist Church — voiced objections about the store at a public meeting weeks ago. In response to Vose, Lowry added to those objections.
“I’m just concerned we have a place that’s in violation of our land-development code,” Lowry said.
The business has been at that same address for a long time, Mayor John Masiarczyk said. He questioned whether the city government could legally force the Adult Superstore to close or move.
“That store was there prior to the city becoming a city, and it was grandfathered,” the mayor said.
The owner of the business reacted with some surprise.
But Lowry and Vose said the Adult Superstore has expanded into an adjoining space in the strip shopping center. The enlargement of the business occurred in 2008, Deltona Building Official Steve Roland said. Did the Dare Wear owners secure a building permit for the expansion?
“Not that I know of,” Roland said.
Dresser wouldn’t comment on the expansion.
“There are two different businesses there now,” Vose said. “One is clothing; if you go in the back, there are movies.”
The two businesses, the Adult Superstore and Hot Looks of Florida, have “two separate licenses” issued by the City of Deltona.
“I went in there and walked through both of them,” Vose said.
She told commissioners the Adult Superstore is in the wrong place, as far as Deltona’s zoning law is concerned.
“It doesn’t have an adult-entertainment permit,” she said. “They’re supposed to be in an industrial zone.”
Vose, evoking some laughter, went on to say she had seen firsthand what is inside the Adult Superstore.
“It’s just absolutely shocking,” she said, trying to discreetly describe “hand-held” items and “toys.”
“To me, children should never go into that store,” Vose said. “The window is blocked. ... I guarantee you, if you went in there, you would be shocked.”
On the door of the Adult Superstore is a message in white letters: “You must be 18 or older to enter. ID Required.”
“That business has been there for years and years. If you go in there, you go in of your own free will,” Masiarczyk said. The mayor said he has never been in the store.
The store owner said he hasn’t heard from any city officials.
“This Dare Wear store has been here. These toys have stayed in this store,” Dresser told The Beacon. “I don’t know what they’re talking about. You know more about it than I do.”
Lowry continued to ask whether the city has properly regulated the business.
“My question is, How did they never have to get an adult-entertainment permit?” he said. “The new part is completely over the threshold.”
Expressing reluctance to provoke another legal battle, Masiarczyk asked Lowry to consider the expense of asking Vose to do more research on how to deal with the shop.
“We pay her a lot of money. Now, how deep do you want to get into this?” Masiarczyk asked Lowry.
The legal research alone, the mayor added, could cost Deltona “thousands of dollars.”
“Her time is very expensive,” Masiarczyk said.
Vose said she had already gathered information on the business and its relationship to the city’s laws.
“I researched what we could do,” she said.
Vose said Dare Wear was supposed to have moved to an industrial zone no later than five years after Deltona enacted a new land-development code in 2002.
“We’ve waited too long, basically,” said Vose.
Pressuring Dresser’s business to relocate now may be dangerous to the city’s finances, Vose said.
“The city would be seriously running the risk of litigation over this,” she advised the commission.
Commissioner Heidi Herzberg questioned how a similar situation could be prevented in the future.
Meanwhile, the proposed sign ordinance, the issue that provided a venue for the Adult Superstore discussion, will be reviewed by the city’s Planning and Zoning Board before the City Commission acts upon it. The commission’s consideration of new sign regulations may not come until late February or March.
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We here in DeBary may have voted in some morons but at least they're not on a religious witch hunt!
“To me, children should never go into that store,” Vose said. “The window is blocked. ... I guarantee you, if you went in there, you would be shocked.”
Vose is out-of-line and has no business speaking for me; I've been in that store and wasn't at all shocked. Her puritanical perspective is unwelcome and outside the limits of her job description, which calls for impartiality.
Also, Pastor Lowry's reference to Code violations is ludicrous. Deltona does not now nor has ever strictly enforced its code. He's "cherry-picking" to serve his own personal beliefs.
“I researched what we could do,” she said.
Vose said Dare Wear was supposed to have moved to an industrial zone no later than five years after Deltona enacted a new land-development code in 2002."
Their time is up! So what is the legal issue? The store would be stupid to fight it.
Maybe Masiarczyk's pockets are being lined for protecting the business!?
O
L
Silly little Deltona. Get real. Your city is a joke!
Once again lawyers and religious right freaks sticking their nose where they do NOT belong. Christ they have been there for 20 years! Tell you what even DeBary has a store like that, no liqour store but we do have adult novelties!
Come on Deltona tell your politicians to get real and mind their own business!! Don't force your intolerant views on the rest of us!!!
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