February 3, 2009 BCC PUBLIC HEARING ON BZA #VA , November 6, 2008 APPLICANT/APPELLANT: Hawaiian Plaza, Inc. (Continued from January 6, 2009)

BACKGROUND CASE:VA 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

AERIAL

DISTANCE MEASUREMENT MAP ABC Liquors

PEDESTRIAN ACCESS

SITE PHOTOGRAPH

STAFF ANALYSIS DATEAPPLICANTBZABCCNOTES June, 2002SaathofApprovalDeniedSelf-imposed hardship February, 2000CostcoDenialDeniedNo hardship December, 2003Goodings SupermarketApprovalApprovedGrandfathered establishment wanted to sell Goodings; no increase in # of licenses May, 1999Apopka Wine and SpiritsDenialApprovedCity 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, 1995AlbertsonsDenialDeniedApplicant too close to another alcohol establishment December, 2000Kash N KarryApprovalDeniedBCC overruled BZA December, 1999Count HouseDenialDeniedSheriff office spoke in opposition October, 1999CostcoDenialDeniedDid not meet variance criteria

BZA 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 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 , Orange County Code. (unanimous)

BCC ACTION REQUESTED ACTION REQUESTED: Deny the Variance request consistent with the BZA recommendation of denial

February 3, 2009 BCC PUBLIC HEARING ON BZA #VA , November 6, 2008 APPLICANT/APPELLANT: Hawaiian Plaza, Inc. (Continued from January 6, 2009)

ADDITIONAL CONDITION(S)