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BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

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OR BK 4427 PG 1367<br />

TVA120005<br />

Page 2<br />

7. The subject hair salon use is classified as neither Heavy Infrastructure nor Heavy Industrial use.<br />

CONCLUSIONS <strong>OF</strong> LAW<br />

The Board of Adjustment and Appeals determined that the subject property is consistent with Land Use<br />

Policy 1.5 .1 of the 2010 Comprehensive Plan and Section 10-105 of the City of Tallahassee Land<br />

Development Code based on the following:<br />

1. The impact of the subject property's nonconformity is minimal upon surrounding land use and is<br />

not detrimental to the health, safety and welfare.<br />

2. The subject property meets the requisite criteria in the City of Tallahassee Land Development<br />

Code for issuance of a PELUC Certificate.<br />

3. The subject property's nonconforming status was occasioned by the change m zoning<br />

classification exclusively, and not through the actions of the Petitioner.<br />

ORDER<br />

Based upon the findings of fact, conclusions of law, and pursuant to Ordinance 94-0-0024, by Motion<br />

and duly seconded, which carried by a vote of 6 in favor to 0 opposed, it is hereby ORDERED:<br />

1. That a Previously Established Land Use Conformity (PELUC) Certificate be issued to the<br />

Petitioner with the following conditions:<br />

a. That an 8 foot high opaque fence be erected east of the rear property line of Lot 13, as<br />

shown on Exhibit A attached hereto and made a part hereof, to: buffer the remainder of the<br />

adjacent residential lot east of the fence ("adjacent residential lot") from the hair salon;<br />

prevent use of the adjacent residential lot for commercial parking; and prevent vehicular<br />

access across the residential lot to the commercial site.<br />

b. That a fence or barrier be constructed along the southern property line to ensure containment<br />

of the nonconforming use to the site.<br />

c. That a unity of title uniting the two lots identified above in Finding of Fact #3 be recorded<br />

and recognized by the Leon County Property Appraiser's office.<br />

d. That changes to the parking lot and spaces for the hair salon resulting from the buffer fence<br />

installation be consistent with current code requirements.<br />

e. That the existing dumpster be relocated consistent with current code requirements.<br />

f. That the off-site directional sign on Grape Street for the hair salon be removed.<br />

g. That all conditions be completed within 30 days of the recording ofthe certificate.<br />

REVISED BY ACTION <strong>OF</strong> THE CITY COMMISSION PURSUANT TO CITY COMMISSION<br />

POLICY 414, SPECIAL MASTER PROCEEDINGS, ON WEDNESDAY, SEPTEMBER 19, 2012.<br />

DONE AND ORDERED this<br />

2012.<br />

s- J:!!:- day of Oc.Tc:>t:> f--17... , 2012, nunc pro tunc, September 19,<br />

Page 528 of 622 Posted at 5:00 p.m. on April 1, 2013

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