Orange County — Board of Zoning Adjustment

SE-03-02-007 — Williesteina Jacobs

Request: "Special Exception in P-O (professional office) zone to convert existing residence into a restaurant (no drive-through or pick-up window) and the following Variances: 1. Provide 6 parking spaces in lieu of 9 spaces; 2. Provide unpaved parking areas in lieu of paved; 3. Allow substandard lot width, lot size and side setback as follows: a). 70 ft. lot width in lieu of 85 ft.; b). 7,872 sq. ft. of lot size in lieu of 10,000 sq. ft.; c). 6.7 ft. side setback in lieu of 10 ft."

Decision: Denied

Hearing: "The Staff Report and Recommendation is located on Pages_____ The applicant stated he was willing to implement any conditions proposed by staff or the BZA saw fit to allow for the restaurant. A couple of commentaries were received in opposition to the request, stating the feeling a restaurant is not appropriate in an office zone nor in along this roadway which experiences heavy traffic. However, there was no opposition present at the public hearing. The BZA discussed the case at length after closing the public hearing. The BZA's final conclusion was that a restaurant is not a compatible use to approved uses under P-O zoning in this area. Further, a restaurant is a more intense use than the previously-approved beauty salon on-site, and, most importantly, the property was way too small to accommodate a restaurant use and be able to provide enough parking and safe on-site-vehicular maneuverability. For these reasons, the BZA unanimously recommended denial of the Special Exception and Variance requests."