Orange County — Board of Zoning Adjustment

VA-00-09-002 — Yellow Dog Eats, Inc.

Request: Variance in C-1 zone to allow on-site alcoholic beverage consumption (beer and wine, 2COP) 95 ft. from a church in lieu of 1,000 ft.

Decision: Approved

Hearing: The applicant operates a gourmet deli/country store. He wants to sell beer and wine in conjunction with meals. The zoning regulations require a minimum 1,000 foot separation distance from churches and schools for such establishments. There is a church 95 feet away across the street. The church was constructed in 1913, prior to Orange County zoning regulations. Staff gave a historical analysis of these requests. Staff stated the main concern was that a church was located 95 feet away from this establishment and the church was there prior to the commercial establishment. On the face of the application, Staff felt the request did not comply with the zoning variance criteria. Extensive discussion ensued regarding the frequency of services held at this location. Three (3) persons spoke in opposition. They felt the ordinance should be met and they felt approval of this request would promote driving while impaired. The applicant stated he would agree to conditions that would not conflict with the church activities. The BZA felt this request was reasonable if proper conditions were imposed. The applicant felt the lack of a charter meant the church was an unapproved church. He stated this was an upscale restaurant which has provided a valuable service to the community. The church did not meet as frequently as typical churches, perhaps a couple of times a month. In addition, the sale of beer and wine with meals would not adversely impact the church. He submitted a petition containing approximately 900 signatures in support. The BZA approved the request with conditions. The BZA felt a compromise could be reached because of several factors such as the limited frequency of church gatherings, the fact that the church was not chartered and the fact that the restaurant was willing to restrict its hours it would serve beer and wine to avoid any conflicts with the church. Staff received six (6) commentaries in favor and eleven (11) in opposition. was not *