Orange County — Board of Zoning Adjustment

SE-16-04-020 — VINIT SUKHADIA

Request: Special Exception in the C-1 zoning district to allow a food truck.

Decision: Denied

Hearing: The applicant is requesting a Special Exception in the C-1 zoning district to allow a food truck at a business which is not located under a canopy. Staff noted that correspondence had been received from two (2) properties. The correspondence from the home immediately east of the subject property noted that their main concern was the odors from the truck. Staff closed with saying that odor is one of the most common issues when a new business establishes itself in an area, and one of the most difficult to control. The applicant noted that the truck would be selling tacos and similar types of food, and that the food would be prepared elsewhere and brought to the site and kept warm in the truck. They also noted that the actual hours of operation would be 12:00 noon to 9:00p.m. most week nights. The food truck would leave the site before the convenience/gas store closed. One (1) person was in the audience who spoke in opposition to the truck. He noted that when the truck had been there before, odor was an issue and he lives four (4) houses east of the subject property. He also commented on the trash which blows down Votaw from the site which he picks up regularly. There being no one else present to speak on this application, the public hearing was closed. The BZA concluded that while one odor may be pleasant to some, it is not to others. The truck is to be parked right next to the adjacent residence's property line. Even if the food is not prepared there, the odors will be present for up to nine (9) hours every day the truck is there. They discussed whether the truck could be placed on the other side of the store; however, staff noted that the truck must be a minimum of ten (10) feet from Thompson Road right-of-way. Ultimately, the BZA noted the proposed use would impact the homes to the east and did not support the request.