Orange County — Board of Zoning Adjustment

VA-18-09-121 — ALMELLIA BROWN

Request: Variance in the R-1A zoning district to permit conversion of an existing screen room into living space with a rear setback of 21 ft. in lieu of 30 ft.

Decision: Approved

Hearing: Staff explained that the property was platted in 1971. As such the rear setback was 30 ft. Were the property platted after March 1997, the rear setback would only be 25 ft., and the request would be for a much lesser variance. The front of the house is at the minimum 25 ft. setback line, leaving no room to allow the applicant to expand to accommodate a growing family. Staff noted there had been several similar variances granted in the same neighborhood in the past including one earlier in 2018 across Cal Ct. from the subject property, and therefore, granting the variance will not be conferring any special privilege on the applicant. Staff also noted that five (5) neighbors, including three (3) of the most impacted, have provided correspondence in support of the request. The applicants are not requesting to expand the footprint of the structure, thus this is the least variance needed. Finally, a sizable rear yard will remain, making the request consistent with the purpose and intent of the code. The applicant indicated their agreement with the staff recommendation and conditions of approval. There being no one present to speak in support or opposition to the request. the public hearing was closed. The BZA found that due to the size and depth of the lot, and the fact that there is no other location on the lot to expand the home, the request warranted the granting of the request. A motion to recommend approval with the conditions recommended by staff passed unanimously.