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AP Discusses Legality Of Church Cafe

Jasmina Meyer/Highlands Today

From left: Marilyn Taylor, Financial Administrator, Chris Hess Pastoral Secretary, and Cheryal Phillips, Administrative Secretary enjoy lunch inside Solid Grounds, a meet and greet eatery, at Union Congregational Church on Tuesday in Avon Park.

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By MARC VALERO

Highlands Today

Published: February 11, 2009

Updated: 02/11/2009 10:47 am

AVON PARK - Union Congregational Church's Solid Grounds, a meet and greet eatery, is operating in violation of the city's Land Development regulations, according to the city attorney's interpretation of the Central Florida Regional Planning Council's statement on the issue.

The eatery on the downtown church's campus serves meals at a nominal price for its staff and volunteers, but also welcomes the public.

The menu includes a $4.75 turkey melt and a $3.50 egg salad sandwich. Regular coffee is free, and small lattes are $2.50 while large lattes cost $3.25.

City Manager Sarah Adelt said the city has researched the eatery and contacted the Central Florida Regional Planning Council and the city attorney for direction.

The city's Land Development Regulation states that restaurants cannot be located in areas that are zoned "residential," Adelt said at Monday's city council meeting.

Though the church has not been qualified as a restaurant, they are an eatery and sell food to the public in a residential area, which is against the land development regulation, she added.

The Central Florida Regional Planning Council (CFRPC) stated in a letter that it believes the eatery should not be operated as a restaurant that serves lunches and dinners to the general public unless these meals are tied to a church-related activity.

Pastor Bill Breylinger said that Solid Grounds is open only during planned activities on the church campus and when there are enough people to warrant serving meals.

Breylinger described to the city council the different activities that occur during the week and weekend at the church, and said that Solid Grounds is open Tuesday through Friday and Sunday for lunch, Thursday and Sunday for breakfast and on Wednesday and Saturday nights for dinner.

"So I do think we meet the CFRPC guidelines in that we are really only open when we have activities on the campus," Breylinger said.

City Attorney Gerald Buhr said the eatery as part of the church is OK.

"It's when you call people from outside the church to come in and say 'OK, this is a restaurant, this is an eatery you can come in and eat here,' that's what the problem is."

Breylinger said the church will never advertise and is mostly open for the staff.

"Once in a while somebody will come in from out there, but we are a church we are not going to say 'It's not open to you,' he said. "I will still argue with you that we do within these guidelines."

Deputy Mayor George Hall said he is not comfortable with government deciding what is a service inside a church.

This is not the forum to make a decision, he said. The church should be advised on how it can proceed to change its zoning or get a variance so that the eatery is in compliance with the Land Development Regulation.

Restaurants can only be located in areas zoned commercial.

Hall acknowledged that the city passed an ordinance barring churches from commercial districts.

Resident Paul Miller said he didn't see anything wrong "if five people come in there and eat who aren't members. I think it's an issue because people are upset ... because maybe they aren't going to the Jacaranda to eat or maybe they aren't going to some other restaurant.

"If five people come in there and eat lunch, I hope they do and I hope they find Jesus while they are there," he added.

After an hour of discussion at the council meeting, Breylinger asked if the church needed legal council.

"At stake is the very way that we do the kingdom and to me there is a lot at stake, not just for our church, but for other churches," he added.

Buhr said the city could take some time to evaluate what can be done or check the interpretation of the regulation or maybe get the attorney general's opinion.

Breylinger was told that the eatery could continue to operate while the city reviews the matter.

Highlands Today reporter Marc Valero can be reached at 386-5826 or mvalero@highlandstoday.com.

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