Orange County — Board of Zoning Adjustment

SE-02-11-094 — Curtis Adams/Orlando Flea Market

Request: Special Exception and Variances in C-2 (general commercial) zone as follows: 1. Special Exception to allow mobile home for night watchman; 2. Variance for unpaved parking in lieu of paved; 3. Variance to allow market to operate seven (7) days per week in lieu of three (3) consecutive days each week.

Decision: Approved

Hearing: Staff explained this had been a long-standing Code violation that needed to be resolved. Staff did not support the applicant's request to maintain his existing limerock based parking lot as it creates air pollution (dust), and lake pollution in that sediments from the parking lot drain into Lake Tyler. The applicant indicated an interest in using stone materials for the parking lot. Staff did not support allowing an open air market to operate seven days per week. This would be akin to granting a special privilege without having to meet standard code requirements typical of any other business that operates more than three days per week. Several commentaries were received in opposition, particularly regarding the unpaved parking lot. A letter in opposition was received from the South Orange Blossom Trail Development Board and the owner of the Waterways Apartment project abutting the south of the subject property. Several representatives from Waterways were present and spoke in opposition at the public hearing. A set of 123 commentaries signed by residents of the apartments were submitted. Complaints pertained to aesthetics of the property, trucks parking overnight, and dust pollution from the limerock parking lot. The residents complained that there is no order to the parking, and accidents have been caused near the entrance to the property due to the lack of that order. They stated the operation is an attractive nuisance that lures transients to the area. One of the vendors at the market testified that she had spent money for leasing her operation seven days a week at the flea market. In response to that concern, the BZA granted a 30-day "grace period" for the applicant to cease and desist operating seven days per week. Code Enforcement pointed out that the night watchman's quarters existing on-site is a recreational vehicle and not a mobile home. The applicant stated it was his desire to keep a residential unit on-site at all times as he felt i*