Orange County — Board of Zoning Adjustment

SE-18-04-019 — SUMATE VORASIANGSUK

Request: Special Exception and Variances in the R-1 zoning district as follows: 1) Special Exception to allow a guest house located over a detached garage. 2) Variance to allow a two-story accessory structure. 3) Variance to allow an accessory structure with a height of 24 ft. in lieu of 20 ft. Note The applicant submitted three letters of support for their request.

Decision: Approved

Hearing: Staff explained that a very large portion of the property is comprised of wetlands identified on the survey. The proposed location of the guest house is on the south side of the property behind the home. While the applicant was proposing a 15 ft. setback, staff was recommending that the setback be increased to 25 ft. to preserve the airspace of an adjacent lot. The proposed use will not generate any negative impacts not generated by a typical residence, and in fact will be less intrusive as it cannot be occupied on a full time basis. The applicant indicated that they were concerned that the garage/guest house may begin to encroach on their residence. The requested that it be allowed to remain as proposed or be moved to only 20 ft. There being no one present to speak in favor or opposition of the request, the public hearing was closed. The BZA asked what the normal setback for a guest house is. Staff noted that there is no specific setback called for by the Code. If this were an ADU, the setback from side and rear is 10 ft. A setback for a detached accessory structure such as the garage is only five ft. The BZA concluded that the location of the garage/guest house was acceptable as proposed by the applicant, and directed staff to eliminate the condition requiring that it have a rear setback of 25 ft. A motion to recommend approval with the amended conditions passed unanimously.