BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

PCM130107 9 th and Thomasville Rd.
conforming by the adoption of the Plan, to be certified as legally conforming. A PELUC
allows a property owner to continue the present use of the property although the land use and
zoning codes would not allow this use, and to also rebuild any structures to their existing
form and use if they are more than 50 percent destroyed.
Based on direction given to staff by the Long Range Target Issue Committee on November
30, 2011, the City Commission voted on March 14, 2012 to waive the fees for a PELUC
application addressing the two parcels upon which the hair salon and its adjacent parking
area are located. The PELUC application was submitted to the City by the owner of the
subject parcels. The Tallahassee – Leon County Board of Adjustments and Appeals (BOAA)
reviewed this application at their regular meeting on April 12, 2012, and then voted
unanimously to approve the PELUC with the following conditions:
1. That an 8 foot high opaque fence be erected along the rear property line of
the site to buffer the adjacent residential lots from the hair salon; prevent
use of the adjacent residential lot for parking; and prevent vehicular access
across the residential lot;
2. That a fence or barrier be constructed along the southern property line to
ensure containment of the use to the site.
3. That a unity of title uniting the lots be recorded and recognized by the
Leon County Property Appraiser’s office.
4. That changes to the parking lot and spaces resulting from the buffer fence
installation be consistent with current code requirements.
5. That the existing dumpster be relocated consistent with current code
requirements.
6. That the sign on Grape Street be removed.
7. That all conditions be completed within 30 days of the recording of the
certificate.
On May 24, 2012, the applicant submitted a Request for Relief from the PELUC mitigation
measures that halted the implementation time period for the PELUC. On September 7, 2012,
Mr. Cassedy, his attorney, and his planner met with the Special Master, City staff, and five
neighborhood participants to discuss the challenge. At the end of the meeting, the parties
reached a settlement agreement as part of the Special Master’s recommendation.
On September 19, 2012, this settlement agreement was reviewed by the City Commission
with a staff recommendation to approve the agreement through a City Commission order and
revising the PELUC Order consistent with the agreement. The settlement agreement and City
Commission order was approved at that meeting, and the BOAA PELUC Order was revised
and recorded in the public records of Leon County (Attachment #3).
The September 19, 2012 agenda item also included a request on behalf of Marshall Cassedy,
the property owner, that the City Commission initiate a Comprehensive Plan amendment to
change the Future Land Use Map designation to Neighborhood Boundary and the zoning to
Neighborhood Boundary Office on a portion of the Grape Street residential lot shown in the
settlement agreement, and on the two parcels used by the hair salon. This request was
approved by the Commission at that meeting.
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Page 311 of 622 Posted at 5:00 p.m. on April 1, 2013