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Planning & Zoning Commission/ Local Planning Agency April 12, 2017 Page 4 administrative official the ability to provide leniency in certain circumstances; however as the Code was currently written there was no provision for an override of the requirements. Chairman Henson asked the applicant to come forward. Ms. Cheryl Chandler Laws, 87 North Winter Park Drive, thanked the Commission for their consideration of the variance request, and gave a brief history of what led to the current fence being built and some of the issues in the area concerning the retention areas. She also thanked staff for their assistance in moving the request forward. Chairman Henson asked if there was anyone in the audience who wished to speak in favor of or in opposition to the request for variance. No one came forward to address this item. MOTION: Ms. Campbell moved that the Planning and Zoning Commission grant the front yard fence height and design variance, BA 17-01, for property located at 87 North Winter Park Drive based upon the Planning and Zoning Commission's findings of fact and conclusions, the staff report dated April 12, 2017 and the three (3) conditions outlined in the staff report, as follows: 1. The front yard encroachment of the proposed 6' vinyl fence shall not exceed the length of existing wood fence, approximately 88 feet. 2. A building permit shall be required prior to the installation of the proposed vinyl fence. 3. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. Motion was seconded by Mr. Van Meter. Motion passed unanimously by voice vote. 7. CU 17-05: Conditional Use Extension Request for CU 16-18 (4COP/SRS Sur Restaurant. A conditional use request to extend an approved conditional use to serve beer, wine and liquor at 1283 S. US Highway 17-92. Parcel ID 04 -21 -30 -519 -OA 10-0000 Staff Presentation: Mr. Dean Fathelbab, Planner/, reviewed the information provided in staff's memorandum dated April 12, 2017, and gave a PowerPoint presentation to the City of Casselberry Planning and Zoning Commission (a copy of the PowerPoint presentation is attached to and made a part of these minutes). Mr. Fathelbab advised that staff recommends the Planning and Zoning Commission approve CU 17-05 to allow for the extension request for on- site consumption of alcoholic beverages, 4COP/SRX, in conjunction with the operation of the anticipated restaurant located at 1275 and 1283 South U.S. Highway 17-92. He stated that staff's approval is based on the findings of fact and conclusions of the staff report dated April 12, 2017 and the original staff report dated December 15, 2016, and the twelve (12) conditions of approval from the original approval, as follows: 1. The conditional use shall be limited to the location of 1275 and 1283 South U.S. Highway 17-92; 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. Conditional use approval for beer, wine, and liquor sales shall be in conjunction with a restaurant which primarily serves food; 5. Package sales of alcoholic beverages for off-site consumption shall be prohibited; 6. The hours of on-site alcohol consumption and sales shall comply with the hours set forth in Section 10.2 of the City of Casselberry's Code and shall only be during times when the primary use (the restaurant) is serving food; 7. The business shall remain in compliance with all City, County and State requirements;