February 3, 2009February 3, 2009

BCC PUBLIC HEARINGON

BZA #VA-08-11-010, November 6, 2008

APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)

BCC PUBLIC HEARINGON

BZA #VA-08-11-010, November 6, 2008

APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)

BACKGROUNDBACKGROUND

CASE: VA-08-11-010

APPLICANT: Hawaiian Plaza, Inc.

REQUEST: Variance in C-2 zone to allow 3APS alcohol beverage license (beer, wine, and liquor package sales vendor) 3,027 ft. from an existing beer, wine and liquor package sales vendor (ABC Fine Wine and Spirits) in lieu of 5,000 ft.

ZONING: C-2

TRACT SIZE: 1 acre

LOCATION: North side of Hawaiian Ct., west of International Dr., north of SR 528

DISTRICT: #6

ZONING MAP ZONING MAP ZONING MAP ZONING MAP

AERIALAERIAL

DISTANCE MEASUREMENT MAPDISTANCE MEASUREMENT MAP

ABC Liquors

PEDESTRIAN ACCESSPEDESTRIAN ACCESS

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

STAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISDATE APPLICANT BZA BCC NOTES

June, 2002 Saathof Approval Denied Self-imposed hardship

February, 2000 Costco Denial Denied No hardship

December, 2003 Goodings Supermarket Approval Approved Grandfathered establishment wanted to sell Goodings; no increase in # of licenses

May, 1999 Apopka Wine and Spirits Denial Approved City of Apopka Standards are less stringent than OC. Applicant wanted to occupy ABC’s site which was closer to the new Albertsons than Apopka approved

February, 1995 Albertsons Denial Denied Applicant too close to another alcohol establishment

December, 2000 Kash N Karry Approval Denied BCC overruled BZA

December, 1999 Count House Denial Denied Sheriff office spoke in opposition

October, 1999 Costco Denial Denied Did not meet variance criteria

BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS

• No special circumstances existed to warrant the variance

• Granting the variance would confer on this applicant a special privilege denied to others

• Granting the variance would set a precedent that would adversely impact the public welfare

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

Denied the Variance request in that there was no unnecessary hardship shown on the land; and further the request did not meet the requirements spelled out in Section 30-43, Orange County Code. (unanimous)

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:

Deny the Variance request consistent with the BZA recommendation of denial

February 3, 2009February 3, 2009

BCC PUBLIC HEARINGON

BZA #VA-08-11-010, November 6, 2008

APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)

BCC PUBLIC HEARINGON

BZA #VA-08-11-010, November 6, 2008

APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)