Orange County — Board of Zoning Adjustment

VA-20-05-024 — Patrick Hernandez

Request: Variances in the R-CE zoning district as follows: 1) To allow the existing house to remain 44 ft. from the Normal High Water Elevation (NHWE) in lieu of 50 ft. 2) To install a pool 43 ft. from the NHWE in lieu of 50 ft. 3) To install a pool deck 42 ft. from the NHWE in lieu of 50 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff explained that the property was rezoned from R-1 or R-1A to R-CE in 1966. Due to the shallowness of the lot, the rear setback would not be the standard 50 ft., but rather 20 or 25 ft. if the property was still zoned either of those districts, and no variance would be needed. However, since it was rezoned to R-CE, the rear setback is 50 ft. Staff explained that the applicant was not attempting to encroach beyond the existing rear building line of the residence; however, since the shoreline moves northeast as it extends east, the deck and pool have a lesser setback than the house. Staff concluded that they had received one (1) correspondence in support, and one in opposition. The applicant stated their agreement with the staff recommendations and all of the conditions. A representative of the pool company noted that the property was unique and tight. There being no one wishing to speak in favor or opposition to this request, the public hearing was closed. The BZA concluded that due to the shape of the property and the shallowness of the lot, and the fact that they are attempting to keep the variance to the minimum, the variance was warranted. The BZA unanimously recommended approval of the variances subject to the four (4) conditions in the staff report.