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(d) If necessary, prior to the public hearing, the City may request additional
<br />information from the petitioner, specifying in sufficient detail what information is required.
<br />The petitioner shall have fifteen (15) days to provide the needed information. If the
<br />petitioner fails to respond, the City shall notify the petitioner and proceed with the hearing
<br />and issuance of its final written determination regarding the relief requested.
<br />(e) Notice of filing of a request for an exception, and the date, time, and place of
<br />the hearing thereon shall be published once at least 7 days prior to the hearing in a
<br />newspaper of general circulation within the city limits of the City of Casselberry, Florida.
<br />(f) In reviewing an application for an exception based upon a claim of
<br />extraordinary hardship, the City Commission shall consider, at a minimum, the following
<br />criteria:
<br />(1) The extent to which the applicant has, prior to Monday, August 10,
<br />2009, received City of Casselberry license, permit or approval for a
<br />pawn shop, tattoo parlor, body piercing salon, or used automotive
<br />sales use.
<br />(2) The extent to which the applicant has, prior to Monday, August 10,
<br />2009, made a substantial expenditure of money or resources in
<br />reliance upon license, permits or other approvals of the City of
<br />Casselberry directly associated with the operation or construction of a
<br />pawn shop, tattoo parlor, body piercing salon, or used automotive
<br />sales use, such as the installation of utility infrastructure or any other
<br />improvements.
<br />(3) Whether the applicant, prior to Monday, August 10, 2009, has
<br />contractual commitments in reliance upon license, permits or other
<br />approvals of the City of Casselberry to operate or construct a pawn
<br />shop, tattoo parlor, body piercing salon, or used automotive sales
<br />use.
<br />(4) Whether the applicant, prior to Monday, August 10, 2009, has in
<br />reliance upon license, permits or other approvals of the City of
<br />Casselberry incurred financial obligations to a lending institution
<br />which, despite a thorough review of alternative solutions, the applicant
<br />cannot meet unless a pawn shop, tattoo parlor, body piercing salon,
<br />or used automotive sales use is permitted or allowed.
<br />(5) Whether the moratorium will expose the applicant to substantial
<br />monetary liability to third persons; or would leave the applicant
<br />completely unable, after a thorough review of alternative solutions, to
<br />earn a reasonable investment backed expectation on the real property
<br />that is affected by this Ordinance.
<br />Ordinance 09 -1302
<br />Page 5
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