Orange County — Board of Zoning Adjustment

VA-20-02-160 — Lisbon Portuguese Cuisine

Request: Variance in the C-1 zoning district to allow a wall sign to extend 18 inches above the roof line.

Decision: Approved

Hearing: Staff noted that while the variance was advertised for 18 inches, a variance for only 12 inches is necessary based on information the applicant provided. Staff explained the timeline for the project leading up to the variance, including the fact that the applicant had hired a sign contractor who submitted for a permit for the sign. However, the contractor was advised that the permit could not be approved because the sign extends above the roofline. The contractor proceeded to install the sign without a permit. The first that the applicant knew that there was no permit was when she was contacted by the property manager, who had been cited by Code Enforcement for installing a sign without a permit. Staff noted that the applicant could modify the design of the sign, reduce the size of the sigh, or a combination of both, to make the sign comply with the sign code. Staff concluded by noting that they had received one (1) correspondence in support from the property manager, and one (1) in opposition from the Dr. Phillip's Co.; however, that objection was withdrawn. The applicant noted that they had paid over $600 to the sign contractor for the permit. When they confronted the contractor, the contractor insisted that there was a permit. However, after contacting County staff and being informed that the permit was never issued due to the signs location, the contractor broke off correspondence. There being no one in attendance to speak for or against the request the public hearing was closed. The BZA felt that due to the location of the storefront, and that both storefronts on either side of the subject property had overhangs obstructing the view of the sign, that there were special conditions and circumstances regarding this application. Further, the need for the variance was not self-created, and other signs similar in design had been approved. Based on these factors, the variance was granted. The BZA unanimously voted to recommend approval of the variance fo