Orange County — Board of Zoning Adjustment

SE-03-02-006 — Joe Rhyne

Request: Special Exception in Ind-3 (industrial) zone for commercial wood chipping and mulching operation.

Decision: Denied

Hearing: The Staff Report and Recommendation is located on Pages____ The applicant justified his request by stating there is a great need to recycle wood instead of wasting space at landfills. He felt the business would be compatible with the area, citing a variety of industrial type operations in the area. He showed photos of the types of equipment that would be used and opined they would not cause an air pollution (dust) or noise problem. Forty-five commentaries were received in opposition. Nine people were present in opposition, with most of them speaking. The speakers represented owners who reside in the area and people who own businesses, particularly in the 424 Industrial Park. They were opposed based on noise, dust pollution, and an over-abundance of truck traffic in the area. They were also concerned about potential odor problems caused by decaying wood or mulch left out in the open. Another property owner advised that Apopka Boulevard will be expanded which will result in an upgrading of high quality businesses in the area; the proposed operation by the applicant would be out of character with this plan. Secondary complaints spoke to the unsightly appearance of the property, and that there was not enough land area to conduct the proposed wood chipping business and still maintain the existing storage activity on-site. The BZA concluded the proposed operation was not compatible with the nature and character of the area and that the effects of such an operation would aggravate the senses of those who live and work in the area. One BZA member pointed out the photographs of the other operations in the area shown by the applicant were indicative of storage facilities and not operations that had noise or dust impacts. Another BZA member pointed out that the area the applicant proposed on-site for this operation consisted only of 2-3 acres, which was way too small for this; he pointed out that the photographs shown by the applicant on the equipment in operati*