Orange County — Board of Zoning Adjustment

VA-04-07-189 — Tasty's Caribbean Restaurant Inc.

Request: Variance in C-2 (general commercial) zone to allow on-site consumption of alcoholic beverages (beer and wine, 2 COP) 8 ft. from a religious use facility in lieu of 1,000 ft.

Decision: Denied

Hearing: The applicant operates a restaurant. He wants to sell beer and wine to be consumed on-premises. This requires a 2COP alcoholic beverage license. There is a church next door. The Zoning Code requires a minimum 1,000 ft. separation between churches and establishments that allow for the on-site consumption of beer and wine. Staff presented its analysis. The proposed separation between the church and the restaurant is only 8 feet. This constitutes a 99% deviation from code requirements. Staff advised the BZA that the cumulative impacts of allowing such variances are adverse to any community. In addition, the residents and property owners of the Pine Hills area are trying to rejuvenate the area for the betterment of the residents. Finally, if this request is approved, it will establish an undesirable precedent and hurt efforts to improve the Pine Hills community. The applicant informed the BZA he was trying to improve the profitability of his business and provide a service to the community. He spoke to the church representatives and was informed the church would not oppose the request. A spokesperson from the church spoke. He submitted a schedule of services and indicated the church would not oppose the request provided the restaurant did not sell beer and wine during those hours. The BZA had the following concerns: a. The church hours were staggered throughout the days and did not leave many hours available for the restaurant to sell beer and wine; b. Dividing the hours between the church and the restaurant was difficult to enforce; c. The request was excessive; d. The request would set an undesirable precedent; and e. The request clearly did not meet the variance criteria. The BZA voted unanimously to deny the request for the above reasons. Staff received 5 commentaries in opposition and none in favor.