Orange County — Board of Zoning Adjustment

SE-00-01-023 — Materials Recycling

Request: "Special Exception in A-2 zone for wood chipping and mulching operation in conjunction with existing composting business, to include, cantmil, woodspliter and other mulching-related equipment. Note: This request is a reconsideration of the applicant's November 4, 1999, limited Special Exception approval with conditions. Orange County Code Enforcement staff will be preparing a recommendation to the Board of Zoning Adjustment regarding the applicant's efforts to comply with those conditions at the January 6, 2000, public hearing."

Decision: Denied

Hearing: "At the November 4, 1999, BZA hearing, the applicant voluntarily agreed to comply with the conditions the BZA placed on that Special Exception approval. There were eleven (11) conditions, and the conditions are listed on the following pages. Staff of the Code Enforcement, Environmental Protection Division, and Fire Department made on-site inspections prior to the January 6, 2000, public hearing. The most recent inspection was on December 29, 1999, three days after the required compliance date of December 26, 1999. Staff reported the findings of the December 29th inspected showed the applicant has not complied with conditions #2, #4, #7, #8, #9, and #10. A detailed report on the findings of the December 29th by the Environmental Protection Division follows this report. Staff showed the BZA aerial photographs taken the day of the inspection on December 29th and compared them to photographs taken back in October for the November 4th public hearing. The photographs showed minimal change with regard to reduction in the amount of wood materials stockpiled on-site. The applicant was required (and he agreed) to reduce all existing on-site waste by 50 percent. Not only had this reduction not taken place, but a new pile was created from the wood chipping; this pile was very large and taller than the height of some other piles on-site; it had been expected that the applicant would comply with the Solid Waste Ordinance by reclying (sell and remove) the new chipped product, but instead the chippings have become another stockpile. The applicant apologized to the BZA for having not come into compliance with all the conditions. He stated he had not brought any new materials on the site. The Manager of the Environmental Protection Division, Anna Long, addressed the BZA in opposition to the request. She stated her division has worked for a very long time now with trying to help the applicant bring the property into compliance with their codes so that he would not have