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Planning & Zoning Commission/ <br />Local Planning Agency <br />September 12, 2012 <br />Page 4 <br />4. Package sales of alcoholic beverages for off -site consumption are prohibited. <br />5. The hours of alcohol sales must be within business hours and shall comply with the hours set forth in <br />Section 10 -2 of the City of Casselberry Code. <br />6. The business shall remain in complete compliance with all City, County and State requirements. <br />7. There shall be no outside display or storage of goods, materials, services or vehicles. <br />8. The conditional use shall commence within 90 days of the approval. <br />9. The conditional use shall expire if the use is discontinued for more than 90 days. <br />10. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null <br />and void. <br />Mr. Meadows asked the applicant to come forward. The applicant was not present at the meeting. <br />Mr. Meadows asked if there was anyone in the audience who wished to speak in favor of, or in opposition <br />to, the request. No one came forward. <br />Mr. Meadows asked for final comments from staff. There were no final comments. <br />Mr. Meadows asked for a motion to address CU 12 -11. Mr. Hale made a motion to approve CU 12 -11 based <br />on the findings of fact and conclusions of the staff report dated September 12, 2012, and the conditions outlined in <br />the staff report for the on -site consumption of alcoholic beverages as allowed by 1 -COP state license in conjunction <br />with the operation of the Hibachi Restaurant located at 3950 South US Highway 17 -92, Suite 1072, Mr. Bryan <br />seconded the motion. The motion passed unanimously by voice vote. <br />Eighth Item of Business: BA 12.06: 1006 Camelot Way/ Hirmina Fernandez. Variance request to Article VII, <br />Section 2 -7.10 "Fences and Walls" of the Casselberry Unified Land Development Regulations to allow a 6.0 <br />foot fence to encroach 34 feet into a front yard. <br />Mr. Jason Sorensen, Planner I, reviewed the information provided in his memorandum dated March 23, <br />2011, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development <br />Department). Mr. Sorensen provided a PowerPoint presentation (a copy is attached and made a part of the <br />minutes). Mr. Sorensen said that this is an advertised public hearing and he has not received any comments from <br />the public. <br />Mr. Sorensen stated the variance application does not meet all six criteria for granting the variance; <br />however, staff supports a 9 foot variance. He said if the Planning and Zoning Commission chooses to approve the <br />variance for BA 12 -06, for the property located at 1006 Camelot Way, to allow a 6 foot tall fence 9 feet forward of the <br />front, side building line of a residential property, the motion would be based upon the Planning and Zoning <br />