Orange County — Board of Zoning Adjustment

SE-17-12-132 — DOWN TO EARTH LANDSCAPING

Request: Special Exception and Variance in the A-2 zoning district as follows: 1) Special Exception to operate a landscaping business; and 2) Variance to allow unpaved parking in lieu of paved. (Note: This application is the result of code enforcement action.)

Decision: Approved

Hearing: Staff noted that according to the Tax Collector's records, the subject property has been legally used as a plant nursery for the last 14 years. It was also noted that the applicant has been storing their vehicles on the site since 2016. Code enforcement became aware of the landscaping business as a result of investigating the storage of a motorhome and large metal storage containers on the property, plus a fence which had been erected without a permit. The only remaining outstanding violation remaining on the property is the permitting of the fence, which is on hold pending the outcome of the Special Exception. Staff noted that one property owner across Boggy Creek Road from the subject property thought that the variance for the paved parking should not be granted. However, staff noted that given the rural nature of the area, such parking would not be out of character. Staff noted that based on a conversation with a code officer, a new condition should be added to ensure that all permits needed for on-site improvements, such as the fence, should be obtained by February 1, 2018 to ensure that the site is violation free before it's compliance period expires. The BZA enquired as to whether any required handicap parking should be paved. Staff added a condition requiring such. The applicant noted that they were in agreement with the staff recommendation and the conditions, including the new ones. There being no one present to speak for or against the application, the public hearing was closed. The BZA concluded that with the conditions, as amended, the use would be compatible with the neighborhood and would not impose any negative impacts. A motion to recommend approval passed unanimously.