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February 3, 2009February 3, 2009
BCC PUBLIC HEARINGON
BZA #VA-08-11-010, November 6, 2008
APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)
BCC PUBLIC HEARINGON
BZA #VA-08-11-010, November 6, 2008
APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)
BACKGROUNDBACKGROUND
CASE: VA-08-11-010
APPLICANT: Hawaiian Plaza, Inc.
REQUEST: Variance in C-2 zone to allow 3APS alcohol beverage license (beer, wine, and liquor package sales vendor) 3,027 ft. from an existing beer, wine and liquor package sales vendor (ABC Fine Wine and Spirits) in lieu of 5,000 ft.
ZONING: C-2
TRACT SIZE: 1 acre
LOCATION: North side of Hawaiian Ct., west of International Dr., north of SR 528
DISTRICT: #6
ZONING MAP ZONING MAP ZONING MAP ZONING MAP
AERIALAERIAL
DISTANCE MEASUREMENT MAPDISTANCE MEASUREMENT MAP
ABC Liquors
PEDESTRIAN ACCESSPEDESTRIAN ACCESS
SITE PHOTOGRAPHSITE PHOTOGRAPH
SITE PHOTOGRAPHSITE PHOTOGRAPH
SITE PHOTOGRAPHSITE PHOTOGRAPH
SITE PHOTOGRAPHSITE PHOTOGRAPH
STAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISDATE APPLICANT BZA BCC NOTES
June, 2002 Saathof Approval Denied Self-imposed hardship
February, 2000 Costco Denial Denied No hardship
December, 2003 Goodings Supermarket Approval Approved Grandfathered establishment wanted to sell Goodings; no increase in # of licenses
May, 1999 Apopka Wine and Spirits Denial Approved City of Apopka Standards are less stringent than OC. Applicant wanted to occupy ABC’s site which was closer to the new Albertsons than Apopka approved
February, 1995 Albertsons Denial Denied Applicant too close to another alcohol establishment
December, 2000 Kash N Karry Approval Denied BCC overruled BZA
December, 1999 Count House Denial Denied Sheriff office spoke in opposition
October, 1999 Costco Denial Denied Did not meet variance criteria
BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS
• No special circumstances existed to warrant the variance
• Granting the variance would confer on this applicant a special privilege denied to others
• Granting the variance would set a precedent that would adversely impact the public welfare
BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION
Denied the Variance request in that there was no unnecessary hardship shown on the land; and further the request did not meet the requirements spelled out in Section 30-43, Orange County Code. (unanimous)
BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED
ACTION REQUESTED:
Deny the Variance request consistent with the BZA recommendation of denial
February 3, 2009February 3, 2009
BCC PUBLIC HEARINGON
BZA #VA-08-11-010, November 6, 2008
APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)
BCC PUBLIC HEARINGON
BZA #VA-08-11-010, November 6, 2008
APPLICANT/APPELLANT: Hawaiian Plaza, Inc.(Continued from January 6, 2009)
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