Orange County — Board of Zoning Adjustment

VA-04-08-202 — La India Sabrosa Spanish Restaurant

Request: Variances in C-1 (retail commercial) zone to allow the sale of alcoholic beverages (beer and wine) for on-site consumption within 1,000 ft. of three churches as follows: 1) Sky Lake Baptist Church, 6229 Vinegard Road: 736 ft.; 2) La Luz Del Mundo Iglesia Del Dios, 6415 Winegard Road: 675 ft.; 3) Church of the Brothern, 6622 Winegard Road: 700 ft.

Decision: Approved

Hearing: The case involves a Variance for on-site consumption of beer and wine within 1,000 feet of three churches, the closest being 675 ft. away. Historically, the BZA and the BCC have approved some Variances similar to this, with conditions, for legitimate restaurants when there has been no opposition from the impacted churches. This case has some unique circumstances. First, zoning approval was issued in error on the alcoholic beverage license application - it was issued without conducting a measurement to determine if it was 1,000 ft. away from the churches. Next, the owner of a competing bar in the same commercial strip center subsequently filed a complaint (the competing bar has been there for 30 years and is "grandfathered-in" with respect to the distance separation from churches). Zoning subsequently investigated and found the three churches within 1,000 feet and advised the owner to file for the Variance. At the public hearing, the only opposition came from the owner of the competing bar. The churches had been individually noticed of the public hearing, and the applicant testified he had spoken with church representatives. No opposition was received from the churches. However, the BZA heard testimony that put into question whether or not the applicant was operating a legitimate restaurant or just another bar. The applicant testified he had just started up the business this year. He had been serving only cooked finger foods and occasional barbecues, but has since hired a cook now serving lunch and dinner meals catering to the Spanish community. During the discussion period, most of the BZA members felt a temporary approval would be appropriate, under the circumstances. BZA approved the Variance with a number of conditions that included a 12-month "trial and test" period with limited hours of operation conducive to a restaurant. The BZA noted the applicant is just starting out with his business, and that placing the business in this "trial and test*