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Planning & Zoning Commission/ Local Planning Agency March 14, 2012 Page 7 Eighth Item of Business: CU 12.03: 1271 SR 436/Bistro 436. Conditional use request to sell beer and wine in a PMX -H zoning district. Mr. Jason Sorensen, Planning Technician, reviewed the information provided in his memorandum dated March 14, 2012, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Sorensen provided a PowerPoint presentation (a copy is attached and made a part of the minutes). Mr. Sorensen said upon review of the conditional use request, the Planning and Zoning Commission's approval of CU 12 -03 to allow the on -site consumption of beer and wine as allowed by the 2COP state license, in conjunction with the operation of a restaurant located at 1271 State Road 436, Suite 151 -153, would be based on the findings of fact and conclusions of the staff report dated March 14, 2012, and the following conditions: 1. The conditional use shall be limited to the location of 1271 State Road 436, Suite 151 -153. 2. All sales and consumption of alcoholic beverages shall be on -site and indoors. 3. The sale of alcohol shall not exceed 49% of total revenue. 4. Package sales of alcoholic beverages for off -site consumption are prohibited. 5. The hours of alcohol sales shall comply with the hours of operation provided in the staff report. 6. The business shall remain in complete 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 120 days of the approval. 9. The conditional use shall expire if the use is discontinued for more than 90 days. 10. Property owner authorization will need to be provided before the conditional use begins. 11. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. Mr. Meadows asked the applicant to come forward, The applicant was not available. Mr. Meadows 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. Meadows asked for a motion to address CU 12 -03. Mr. Wadley made a motion that the Planning and Zoning Commission approve CU 12 -03 to allow the on -site consumption of beer and wine as allowed by the 2COP state license, in conjunction with the operation of a restaurant located at 1271 State Road 436, Suite 151 -153, based on the finding of fact and conclusions of the staff report dated March 14, 2012 including the eleven conditions of approval in the staff report. Mr. Bryan seconded the motion. The motion passed unanimously by voice vote. Tenth Item of Business: Other Business.