Orange County — Board of Zoning Adjustment

VA-15-11-107 — CHINA GARDEN

Request: Variance in the P-D zoning district to allow on-site consumption of beer and wine (2 COP License) 259 ft. from Olympia High School in lieu of 1000 ft.

Decision: Approved

Hearing: The applicant is requesting a variance in the P-D zoning district to allow on-site consumption of beer and wine (2 COP License) 259 ft. from Olympia High School in lieu of 1000 ft. Staff noted that the subject location had obtained a 2 COP license in early 2000, before Olympia High School had opened. Since the license was properly obtained, after the opening of the high school, it took on the status of a non-conforming use, which could continue indefinitely as long as it was properly maintained through renewals, transfers, etc. However, if the use discontinued for more than 180 continuous days, the use would terminate. As some point in the past, the license did in fact lapse. In 2011, a new tenant, also a Chinese Restaurant, had applied to have a new 2 COP license issued at the subject location. However, due to the distance issue, the license was denied. The applicant is now requesting variance to get the license issued. Staff noted that Orange County has historically taken a very conservative approach to issues involving alcohol. Most variances granted in the past involved extenuating circumstances, and many involved places of worship, where the place of worship actually supported the granting of the variance. This is an instance where the applicant had failed to maintain the license, it lapsed, and must now comply with the County Code. The request represents a 74% deviation from code requirements and approval of the request would create a precedent for other tenants in the same shopping center. Staff also noted that the School District had provided an e-mail correspondence stating their opposition to the request. The applicant noted that the business had operated for a number of years selling beer and wine without any incident. The restaurant was frequented by families, and has never been a drinking establishment, nor have they ever had incidents with high school students. They also noted that the school entrance used for the SEE FILE FOR MORE