1. Old Kings, LLC Variance Application

4. HISTORY 1993: ITT platted (the “1993 Plat”) approximately 24.34 acres of land located on Old Kings Road, north west of the original Public shopping center called the Palm Harbor Center Phase I (the “Subdivision”; Letter Ex. 2). ITT and Flagler County entered into a contract, a Plat Agreement (Letter Ex. 3) the building set back was thirty-five (35) feet but the landscape buffer was ten (10) fee from (Ex. 3). 1999: Palm Harbor Center LC re-platted the Subdivision, including the Property (Letter Ex. 4) and Plat Agreement (Letter Ex. 5) whereby the building set-backs remained at thirty-five (35) feet but the landscape buffers were increased to fifteen (15) feet. 2000: City adopts Ordinance 2000-023 2002: Dr. Alson purchased and developed an office complex on Lots 1 & 2 in the Subdivision (the “Alson Property”). The City required that the Alson Property and the Property share a common driveway between the two with the intent to minimize traffic entering onto Old King Road.

7. 1993 – 2008: The development standards of the area remained unchanged and all lots within the Subdivision were developed except for Property which remains vacant today (letter Ex. 7). 1993 and 2008: The Applicant and Owner of the Property had the understanding that development of the Property required the cross access as dictated by the City in its approval of the Alson Property. 2008: The City of Palm Coast adopted its LDC. The building setback remained at twenty-five (25) feet but the landscape buffer was also increased to 35’. Please note, the Property is the last undeveloped lot in the Subdivision/District and last undeveloped parcel along Old Kings Road in the area. 2010: The City granted the ABC Liquor store variance for the building setback and the landscape buffer. HISTORY

10. MOTION FOR APPROVAL 1.Find that the Property was designed and developed subject to a 15 ft. landscape buffer initially imposed in 1993. This development standard is in conflict with the LDC. Therefore, a)Circumstances exist which are peculiar to the land and not applicable to other adjacent properties in the Old Kings Road district (#1), and b)These circumstances are not self imposed (#2). 2.Because the LDC requires a landscape buffer of 35 ft. and building set back at 20 ft., “literal interpretation of the provision of the LDC would deprive the application of rights commonly enjoyed by others in the district (#3). 3.The variance is minimum relief necessary to reasonably develop the property (#4). 4.The variance will permit a 20 ft. landscape buffer and a 35 ft. building setback buffer. Such will be in harmony and general intent of the LDC. Furthermore, it will not be detrimental to public health safety or welfare nor injurious to the other property owners in the area (#5). 5.The variance is consistent with section 1.03 of LDC satisfying the “Purpose and Intent” of the LDC. 6.The variance is consistent with the front landscape buffer variance granted in the district to ABC Liquor stores in 2009.

13. MOTION FOR APPROVAL 1.Find that the Property was designed and developed subject to a 15 ft. landscape buffer initially imposed in 1993. This development standard is in conflict with the LDC. Therefore, a)Circumstances exist which are peculiar to the land and not applicable to other adjacent properties in the Old Kings Road district (#1), and b)These circumstances are not self imposed (#2). 2.Because the LDC requires a landscape buffer of 35 ft. and building set back at 20 ft., “literal interpretation of the provision of the LDC would deprive the application of rights commonly enjoyed by others in the district (#3). 3.The variance is minimum relief necessary to reasonably develop the property (#4). 4.The variance will permit a 20 ft. landscape buffer and a 35 ft. building setback buffer. Such will be in harmony and general intent of the LDC. Furthermore, it will not be detrimental to public health safety or welfare nor injurious to the other property owners in the area (#5). 5.The variance is consistent with section 1.03 of LDC satisfying the “Purpose and Intent” of the LDC. 6.The variance is consistent with the front landscape buffer variance granted in the district to ABC Liquor stores in 2009.