October 30, 2007 BCC CALLED PUBLIC HEARING BZA #VA-07-09-008, 9/6/07 APPLICANT: La Cucharita Inc.

October 30, 2007October 30, 2007

BCC CALLED PUBLIC HEARING

BZA #VA-07-09-008, 9/6/07

APPLICANT: La Cucharita Inc.

BCC CALLED PUBLIC HEARING

BZA #VA-07-09-008, 9/6/07

APPLICANT: La Cucharita Inc.

CASE: BZA #VA-07-09-008

APPLICANT: La Cucharita Inc.

REQUEST: Variances in C-2 zone to allow sale of alcoholic beverages (beer, wine and liquor) for on-site consumption as follows:

1. 710 ft. from La Iglesia Catolica Rey De Reyes Church in lieu of 1,000 ft.;

2. 750 ft. from Covenant Partners Outreach Ministry in lieu of 1,000 ft.;

3. 808 ft. from Voz De Esperanza Al Mundo Church in lieu of 1,000 ft.

ZONING: C-2 (General Commercial)

LOCATION: East side of Semoran Blvd., north of State Road 408

DISTRICT: #3

CASE: BZA #VA-07-09-008

APPLICANT: La Cucharita Inc.

REQUEST: Variances in C-2 zone to allow sale of alcoholic beverages (beer, wine and liquor) for on-site consumption as follows:

1. 710 ft. from La Iglesia Catolica Rey De Reyes Church in lieu of 1,000 ft.;

2. 750 ft. from Covenant Partners Outreach Ministry in lieu of 1,000 ft.;

3. 808 ft. from Voz De Esperanza Al Mundo Church in lieu of 1,000 ft.

ZONING: C-2 (General Commercial)

LOCATION: East side of Semoran Blvd., north of State Road 408

DISTRICT: #3

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND

ZONING MAPZONING MAP

SEMORAN BLVD

La Cucharita Restaurant

3 Churches

AERIALAERIAL

3 Churches 710 ft. to 808 ft. away

La Cucharita Restaurant

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

SITE PHOTOGRAPHSITE PHOTOGRAPH

STAFF FINDINGS STAFF FINDINGS STAFF FINDINGS STAFF FINDINGS

• Applicant wants to serve beer, wine and Applicant wants to serve beer, wine and liquor for on-site consumptionliquor for on-site consumption

• 2 of the 3 affected churches submitted 2 of the 3 affected churches submitted letters of no objectionletters of no objection

• Staff received 15 commentaries in favor Staff received 15 commentaries in favor and 121 in oppositionand 121 in opposition

• Staff recommended the zoning standard Staff recommended the zoning standard be upheldbe upheld

BZA FINDINGS BZA FINDINGS BZA FINDINGS BZA FINDINGS

• Family-operated restaurant with a bakeryFamily-operated restaurant with a bakery

• Did not support on-site consumption of Did not support on-site consumption of liquorliquor

• Approved request for this applicant onlyApproved request for this applicant only

• No opposition at the hearingNo opposition at the hearing

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

Approved the Variance request in that the Board found Approved the Variance request in that the Board found it met the requirements spelled out in Orange County it met the requirements spelled out in Orange County Code, Section 30-43. Further, said approval is subject Code, Section 30-43. Further, said approval is subject to the following conditions:to the following conditions:

1.1. Approval is for this applicant/restaurant only Approval is for this applicant/restaurant only (La (La Cucharita Restaurant). This approval is not Cucharita Restaurant). This approval is not

transferable; andtransferable; and

2.2. Approval is for the on-site consumption of beer Approval is for the on-site consumption of beer and wine only. No liquor.and wine only. No liquor.

(Unanimous) (Unanimous)

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:ACTION REQUESTED:

Approve the request consistent with the Approve the request consistent with the Board of Zoning Adjustment’s Board of Zoning Adjustment’s

recommendation with recommendation with conditions;conditions;

OROR

Deny the request in that it does not comply Deny the request in that it does not comply with the variance criteria outlined in Section with the variance criteria outlined in Section 30-43, Orange County Code.30-43, Orange County Code.

October 30, 2007October 30, 2007

BCC CALLED PUBLIC HEARING

BZA #VA-07-09-008, 9/6/07

APPLICANT: La Cucharita Inc.

BCC CALLED PUBLIC HEARING

BZA #VA-07-09-008, 9/6/07

APPLICANT: La Cucharita Inc.

ADDITIONAL CONDITIONS ADDITIONAL CONDITIONS ADDITIONAL CONDITIONS ADDITIONAL CONDITIONS

• Beer & Wine consumption until 10 PM Beer & Wine consumption until 10 PM (Restaurant open until 2 AM on (Restaurant open until 2 AM on Friday/Saturday).Friday/Saturday).

• Beer & wine to be served with meals onlyBeer & wine to be served with meals only