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Despite 1,000 ft being required to exist between a liquor store and any school or church, the Board of Zoning Adjustment is recommending approval of a variance request allowing a liquor store to open despite the the liquor store being:
- 0 ft. from a church - Church of Living Waters Apostolic, Inc - This church sent the City a letter of support. It's located in the same shopping center as the proposed liquor store.
- 350 ft. from a church - River of Life Church - Behind the shopping center
- 480 ft. from a school - 200 ft right of way
The President of Oasis Liquors submitted the Variance Request for the 2,450 sq ft package store in the shopping center at 5772 N Orange Blossom Trl.
Per LDC Sec. 58.710 a minimum separation of 1,000 ft. from churches and schools is required to operate a full liquor store. If the proposed location is less than 500 ft. from a church or school then it may only be approved through a Variance.
Per LDC Sec. 58.710 “The distance shall be measured by the shortest, most direct bearing and distance from the property line of the church or school grounds in use as part of the church or school facilities to the nearest entrance of the establishment serving alcoholic beverages open to the public during normal business hours.” Using this method provides a separation of just ±480 ft. to the OCPS school, ±350 ft. to the River of Life Church and as the Church of Living Waters Apostolic, Inc. is located on the same property as the liquor store there is a separation of 0 ft..
The City considered the following when they made their approval recommendation:
- The hours of the church in the same plaza and liquor store should be minimal
- Staff does not anticipate any negative consequences to the church from the establishment of the liquor store in the shopping plaza.
- The OCPS School (Positive Pathways Transition Center) is located on the north side of Orange Blossom Trail. In this section of OBT the road contains 4 travel lanes as well as substantial shoulders and median. The ROW is nearly 200 ft. wide. Staff feel that the 200 ft. ROW as well as the location of the liquor store within the core of the shopping center provide adequate buffer from the school.