Orange County — Board of Zoning Adjustment

SE-03-12-092 — Dennis J. Lapin

Request: Special Exception in Ind-2 (heavy industrial) zone for lime stabilization facility in conjunction with septic service operation.

Decision: Denied

Hearing: The Staff Report and Recommendation is located on Pages____ Zoning and EPD staff recommended denial of this request. Staff explained to the BZA that a waste treatment operation should be located on a larger parcel of land that is located away from populated areas such as this where people work and live. As stated in the report, the site is less than one-half acre in size and is adjacent to the County's Public Works Building, OUC Headquarters, and the County Correction's Visitor's Center. The applicant claimed the treatment process would help eliminate odor that presently exists on-site. Staff stated the opposite would occur. Staff explained that currently, the applicant is temporarily storing and transporting waste they collect from septic tanks and grease traps, etc.; that part of the business is a permitted use. However, once the waste treatment process (Special Exception required) is employed, the waste products have a greater exposure on-site and therefore creates more odor pollution in the area. The Orange County Corrections Department wrote a letter in opposition, and a representative also addressed the BZA at the public hearing. The representative stated that foul odor emissions would detrimentally impact visitors to the jail, which include families, children, and pregnant women, all whom must wait in an outdoor pavilion area that is adjacent to the applicant's rear property line. Further, the representative said that if odor infiltrates the jail, the County mabye subject to violation of State laws that have strict clean air requirements for inmates. The applicant requested the BZA approve the request on a temporary "trial and test" basis. However, the BZA felt this was not the appropriate location to grant either a permanent or temporary waste treatment operation.