Orange County — Board of Zoning Adjustment

VA-99-12-009 — Count House Sports Bar

Request: Variance in C-1 zone to allow on-site alcoholic beverage consumption (beer and wine) 790 ft. from a school (Oakridge High School) in lieu of 1,000 ft.

Decision: Denied

Hearing: Staff did not recommend approval of this request. Staff pointed out that requests to deviate from this regulation have only been approved when the applicant is an established restaurant wishing to incorporate beer and wine in to its menu. Furthermore, there is a sidewalk running in front of the property that provides direct access to heavy pedestrian traffic by children walking to and from neighboring homes to the school. Staff pointed out that the applicant was requesting a "bar", not a restaurant, and that approval of the request would be detrimental to the school children and their families living in this area. The applicant stated he had the support of neighboring businesses in the area and from an adjacent apartment complex. He stated this would be an upscale operation where food items would be served. He stated the hours of operation would be from 2:00pm to 2:00am. A deputy with the Orange County Sheriff's Department was present and spoke in opposition to the request. He stated the department has worked this area and specifically this property for several years to curtail the drug (heroin) traffic problem. He noted that Oakridge High School has heavy school activities occuring after regular school hours and into the night time. He stated that approval of this type of request would undermine the efforts the Sheriff's Department has accomplished here by attracting the same type of element that they had eliminated. The BZA agreed with the findings of the Zoning Division and the Sheriff's Department and denied the request. In speaking with the applicant, the BZA suggested his efforts would be better served in another area where the type of problems testified to by staff were not so prevelant. One commentary was received in opposition and none in favor.