Orange County — Board of Zoning Adjustment

VA-04-03-130 — Progressive Development Group

Request: Variance in C-1 (retail commercial) zone to replace existing gas island canopy 60 ft. from centerline of Apopka Ocoee Road in lieu of 100 ft. (NOTE: Applicant wants to replace damaged gas island canopy. It's located 60 ft. from centerline of Apopka-Ocoee Road; however, the roadway classification of Apopka-Ocoee Road has changed to Major Collector Rural and requires a building setback of 100 ft. from centerline).

Decision: Approved

Hearing: The applicant is requesting to replace the existing gas island canopy at its exact previous location. The canopy was struck by a truck and needs to be replaced. Staff informed the BZA that the new roadway classification was changed and now requires a 100 ft. canopy setback from the centerline of Apopka-Ocoee Road. Staff showed photographs of the site and other properties in the general area. Staff recommended approval subject to a condition that ensures that no compensation for the new structure is awarded to this applicant should this site be subject to eminent domain proceedings. There was no opposition.