Orange County — Board of Zoning Adjustment

VA-19-03-003 — MARK WILLIAMS

Request: Variance in the P-D zoning district to allow a cumulative total of 1,176 sq. ft. of accessory floor area in lieu of 651 sq. ft.

Decision: Approved

Hearing: Staff noted the applicant wished to convert their existing 3-car garage into a mother-in-law suite for their mother-in-law. The bedroom would be integrated into the homes floor plan, and would have no independent access. Staff noted that due to the fact that the rezoning of the property, and commencement of development, the property pre-dated the existing Comprehensive Plan. As a result, the development is not consistent with the (FLU0 designation placed on the property, which is R, Rural, which permits a maximum of one (1) unit per acre. The minimum lot size in the Live Oak Estates community is one acre. Staff explained that typically, the three zoning districts most commonly found in areas with a FLU of R are A-1, A-2, and R-CE. If the property had any one of these zoning designations, no variance would be required, as lots zoned such in excess of one acre are permitted up to 2,000 sq. ft. of living area. Staff also explained that once the floor area of the house was converted to 100% living area, the amount of the variance needed would lower from 80% to 26%. Finally, staff noted the HOA had submitted documentation that the proposed improvements were acceptable. Staff noted a member of the HOA review board explained they were not attempting to usurp the BZA's authority, as they were not aware a variance would be needed. Staff finalized presentation by indicating there was one person who objected, however, that individual was located over a block away. The applicant indicated agreement with staff recommendations and conditions. They explained that the person who would be living in the new suite was on in years and they wanted to have them closer. The BZA concluded that the timing of the development versus the adoption of the current Comprehensive Plan was a unique circumstance, and not of the applicant's doing. The lot was more than large enough to accommodate the proposed accessory structure. Motion to recommend approval was unanimously adopted.