1. BCC APPEAL PUBLIC HEARING ON BZA #VA-15-12-126 APPELLANT/APPLICANT: Pedro J. Malaret, Agent for Kung Fu-Sion, LLC Orange County Zoning Division February 9, 2016

2. CASE #:VA-15-12-126 APPLICANT:Kung Fu-Sion, LLC REQUEST:Variance in the P-D zoning district to allow on-site consumption of beer and wine (2 COP License) 369.8 ft. from Legacy Middle School in lieu of 1,000 ft. ZONING:P-D (Highpoint) TRACT SIZE:1.28 acres LOCATION:11425 Lake Underhill Road; North side of Lake Underhill Rd., east of Rouse Rd. DISTRICT:#4 Background

3. Project Data  Existing Use: Vacant building (formerly Hooters)  Proposed Use:To allow on-site consumption of beer and wine (2 COP license) with meals  Adjacent Land Uses:East and West- Retail commercial and restaurant uses South – Legacy Middle School North- SR 408  Hooters occupied the building from 2002 until 2013.

4. Variance Criteria, Sect. 30-43

5. Zoning Map SR 408 Lake Underhill Rd. Legacy Middle School

6. Aerial Map

7. Distance Measurement 369 ft.

8. Site Photograph

12. Staff Findings and Analysis 1.The applicant operates a restaurant and wants to sell beer and wine for on-premise consumption with meals. 2.Hooters occupied the building from 2002 to 2013. 3.Legacy Middle School opened for the 2005/2006 school year. 4.On July 24, 2015, the Zoning Division denied the applicant’s request for a 2COP license because the required 1000 ft. to the school was not met. 5.The request constitutes a 63% deviation from code requirements.

13. BZA Public Hearing  1,696 notices were mailed out  5 commentaries received in favor  7 commentaries received in opposition  OCPS objects

14. BZA Findings The BZA noted that:  The amount of deviation was substantial  BZA recommended denial the previous month on a similar case  The request does not meet the variance criteria

15. BZA Action  Denied the Variance request in that there was no unnecessary hardship shown on the land; and further, the request did not meet the requirements governing variances as spelled out in Orange County Code, Section 30-43(3). (Vote 4-0; 1 abstaining)

16. BCC Action Requested:  Deny the request consistent with the BZA’s recommendation

17. BCC Conditions Should the Commission find sufficient grounds to approve the request, the following conditions are recommended: 1.Development in accordance with site plan dated October 14, 2015, and all other applicable regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager's approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant's changes require another BZA public hearing; 2.Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all other applicable state or federal permits before commencement of development; 3.This approval shall be limited to Kung Fu-Sion, LLC, Danketsu Restaurant located at 11425 Lake Underhill Rd., for a 2 COP license to serve beer and wine for on-premise consumption only.

18. BCC APPEAL PUBLIC HEARING ON BZA #VA-15-12-126 APPELLANT/APPLICANT: Pedro J. Malaret, Agent for Kung Fu-Sion, LLC Orange County Zoning Division February 9, 2016

19. Code Requirement  Section 38-1415(b): Distance from a church or school or adult entertainment establishment shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the place of business to the main entrance of the church, and, in the case of a school, to the nearest point of the school grounds in use as part of the school facilities.