Orange County — Board of Zoning Adjustment

SE-21-01-125 — Greenbriar Landscaping (James Williard)

Request: Special Exception to allow a landscaping, irrigation and lawn care business in the A-1 zoning district.

Decision: Approved

Hearing: "SYNOPSIS: Staff discussed the proposal, covering the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval. Staff noted that no comments were received in support and no comments were received in opposition. The applicant stated that 6 acres of the property is used as a landscape nursery, that only the southeast portion is used for the landscape contracting business, and the owner did not know that a Special Exception was required. The applicant confirmed that the signage in the right-of-way will be removed. The applicant noted that staff recommended landscape buffering for the entire perimeter of the site, which includes the nursery areas, and he felt they should not buffer acres of trees. The applicant also noted that the warehouses were constructed 15 years ago, and he was confident that they were permitted, and that they do not know how to retro-permit buildings from 15 years ago. The BZA discussed the existing site improvements, the site plan, and the landscape plan, and asked Staff to confirm the hours and days of operation. Staff discussed the purview of the BZA and the landscape code, the need for meeting the landscape code during the permitting process, and stated that the condition pertaining to the requirement of building permits is worded as flexible as possible to meet Building Division requirements. The owner noted that he would prefer to just buffer the improved areas and the applicant felt that there is a distinction between the landscape business, which requires a Special Exception, and the nursery which is permitted by-right in the zoning district. The applicant further stated the landscape buffer around the nursery is a non-substantial deviation that is subject to the Zoning Manager¿s review and approval during the Building permit process.