Orange County — Board of Zoning Adjustment

VA-00-02-012 — Costco Wholesale

Request: Variance in P-D zone to allow alcoholic package sales (3PS) approximately 4,078 ft. in lieu of 5,000 ft. from another alcoholic package sales (ABC Liquors to the west).

Decision: Denied

Hearing: On August 13, 1999, Orange County Staff issued Costco Wholesale an approval to sell alcohol from its new building on Forsyth Road. Soon thereafter, Staff determined the approval was issued in error since the Costco Wholesale establishment was located 4,078 feet away from ABC Liquors on Semoran Boulevard. The code requires a minimum separation of 5000 feet. Thus, the need for a variance approval. Staff presented the facts and admitted that a mistake was made. However, Staff's position is that all property owners are responsible for conducting their own due diligence. In a previous telephone conversation, an agent for Costco informed the Zoning Manager that the only due diligence conducted by Costco was the application to Orange County. No field reconnaissance was attempted. Staff position was that the applicant could have assisted by conducting its own due diligence since they operate many Costco stores in Central Florida. In addition, approval of this variance would confer on this applicant a special privilege that is not conferred to others in the same zoning district. The applicant informed the BZA that they relied on Staff's approval prior to closing on the property. Further, he stated they felt the ordinance should be amended to address the distance requirement in general. Two (2) spokespersons for ABC Liquors stated the request did not comply with the variance criteria. Further, they stated there was sufficient case law that upheld denial of variances even when local government approvals were issued. The BZA felt the applicant should have been aware of the requirement since it is common knowledge that all local governments have regulations regarding package sales of alcohol. Further, they felt the applicant did not demonstrate compliance with the zoning variance criteria. There was no opposition at the hearing.