Orange County — Board of Zoning Adjustment

VA-15-06-049 — Alex Nett, Agent for Caribe Blu

Request: Variance in a P-D zoning district to permit on-site consumption of beer and wine only (2COP License) 392 ft. from a religious use facility (Life Song Church) in lieu of 1,000 ft.

(Note: On October 5, 2006, the BZA granted the same variance to another tenant. One of the conditions of approval was that the approval was for that tenant only. This is a new tenant. The Lifesong Church has submitted a letter of no objection to this request).

Decision: Approved

Hearing: The applicant is requesting a variance in a P-D zoning district to permit on-site consumption of beer and wine only (2COP License) 392 ft. from a religious use facility (Life Song Church) in lieu of 1,000 ft.

Staff noted that on October 5, 2006, the BZA granted the same variance to another tenant in the exact same location. One of the conditions of approval was that the approval was for that tenant only. This is a new tenant. The Lifesong Church has submitted a letter of no objection to this request. Because the Church owns the entire shopping center where the church and restaurant are located, it is the landlord. Unlike past requests where a sizable number of objections were submitted via correspondence, only one person responded within the one mile radius of the mailing, and they were in support. With the exception of Caribbean cuisine versus Italian in the prior restaurant, there is no difference between this application and that approved by the BZA in 2006. The restaurant is a high-quality table service restaurant which anticipates on 10-20% of profits will come from the sale of beer and wine.

The applicant noted that they were in agreement with the conditions as posed by staff. No one was in attendance to support or oppose the application.

The BZA determined that given the complete similarity between this application and the prior one granted in 2006, this variance warranted similar approval.