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Planning & Zoning Commission/ Local Planning Agency January 12, 2011 Page 3 4. The hours of alcohol sales shall comply with the hours set forth in Section 10-2 of the City of Casselberry code. 5. Alcohol sales shall be ancillary to food sales. 6. The business shall remain incomplete compliance with all City, County and State requirements. 7. There shall be no outside display or storage of goods, materials, services or vehicles. 8. The conditional use shall commence within 90 days of the approval. 9. The conditional use shall expire if the use is discontinued for more than 90 days. 10. All signage requires new permit approval and must comply with all city requirements. 11. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. The applicant was not available. Mr. Parkhurst asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. No one came forward. Mr. Parkhurst asked for a motion to address CU 10-12. Mr. Aramendia recommended approval of CU 10- 12, Spice Khazana, as presented. Mr. Van Meter seconded the motion. The motion passed unanimously by voice vote. Fifth Item of Business: SPR 1019: Thermocarbon Tree Waiver Waiver request from the replacement requirements for tree removal provided in ULDR Section 314.8, Tree Replacement Requirements. Property located at 391 Melody Lane, Casselberry, Florida. Mr. Jason Sorensen, Planning Technician, reviewed the information provided in his memorandum dated January 7, 2011, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Sorensen stated Staff has found that the applicant has met only one of the required criteria for approval; however, due to the natural event of lightning striking and killing the tree, a waiver can be granted via Section 3-14.2 (B). He said Staff therefore recommends approval of the waiver request. Mr. Sorensen said the Planning and Zoning Commission approval of SPR 10-19, for a tree removal permit and a waiver from replacement requirements for the property located at 391 Melody Lane, should be based on the Planning and Zoning Commission's findings of fact and conclusions of the staff report dated January 7, 2010 and the following conditions: 1. The applicant is exempt from tree replacement requirements for 19" dbh. Mr. Sorensen said that the Planning and Zoning Commission denial of SPR 10-19, for a waiver from replacement requirements for the property located at 391 Melody Lane would be based on the findings of fact and -- _ __conclusions-of he_staff report dated.January-7;.2040-and-the following conditions: - - ------- -_-_ ---