PZ 08/13/2014 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency August 13, 2014 Page 2 Fifth Item of Business: CU 14 -13 — 1014 State Road 436 - Bowiyen: Conditional use request for a 2COP (beer /wine) license. Mr. Jason Sorensen, Planner I, reviewed the information provided in his memorandum dated August 13, 2014, to the City of Casselberry Planning and Zoning Commission. Mr. Sorensen said staff recommends approval with the following conditions: 1. Expansion of the tenant space or of the consumption area shall require additional conditional use review. 2. At least 51 % of the interior space shall be for retail sales and /or consumption of alcohol. 3. All consumption and sales shall be in -doors and in the outside area as shown in Exhibit B after the outside area has been approved (and perhaps amended) by the Development Review Committee. The outside patio area shall be defined by a fence and gate barrier and shall be decorated with potted plants and /or flowers in front of the fence. 4. The conditional use shall be limited to the location of 1014 State Road 436 and adjacent outdoor patio within the barrier. 5. The hours of alcohol sales shall comply with the hours set forth in Section 10.2 of the City of Casselberry's Code as long as the use is in conjunction with a restaurant. 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. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. A brief discussion ensued regarding approval for the outside seating area, the use of a restaurant classification for the business, deletion of the word "services" from number 7 of the conditions of approval and the city attorney's review and comments on this item. Mr. Meadows asked the applicant to come forward. Mr. Bobbi Bowen and Mr. Kevin Wigen, owners, 1014 State Road 436, Casselberry, Florida and Mr. Trevor Brewer, 620 Wymore Road, Maitland, Florida came forward. In response to the Commission's question, the applicants felt that 120 days was sufficient to obtain the 2COP license. A general discussion ensued regarding the design of the outside seating area and the state licensing requirements and exceptions to the three tier system that separates the functions of the manufacturer, distributor and retailer. 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.