Orange County — Board of Zoning Adjustment

VA-03-03-026 — Luis Sigcha

Request: Variances in C-3 (wholesale commercial) zone to allow on-site alcoholic beverage consumption (beer, wine and liquor) in conjunction with restaurant (La Familia Pizza Restaurant) at Eastland Shopping Center as follows: 1. 550 ft. from a school (to the east of Eastland Christian School) in lieu of 1,000 ft.; 2. 800 ft. from a church (to the east of Eastland Baptist Church) in lieu of 1,000 ft.

Decision: Approved

Hearing: The applicant stated he has a diverse restaurant serving Italian and Hispanic meals. He also has a small food market here. He indicated the business has had a financial struggle since "911". He found there was a strong desire by his existing clientele to serve alcoholic beverages, which would help the business survive. Mr. Sigcha stated he had visited the Eastland Church/School twice about his business. He said he explained to an official there the Variance request he was seeking. He said Eastland was noncommittal one way or the other about the variance request. Zoning staff notified Eastland about the Variance request as well. Zoning received no correspondence from Eastland. The applicant submitted many letters and commentaries from neighbors and other businesses and institutions in the community. Some correspondence testified as to the good reputation of the applicant and indicated a favorable position to the Variance. Five commentaries were received in opposition from neighbors to the south and east of the subject property. The BZA felt that with conditions, the Variance request could be approved. The BZA approved only the beer and wine based on the type of businesses the applicant has and based on previous similar variance approvals for restaurants. The hours of operation were chosen as having the least potential amount of conflict with the Eastland Church/School. Out of the abundance of precaution, the BZA directed staff to write an immediate letter to Eastland advising of the Variance approval, and incorporated a condition voiding the Variance approval if Eastland consequently responds in writing with objection to the Variance. A copy of the letter to Eastland is on page ____. There was no opposition present at the public hearing.