Orange County — Board of Zoning Adjustment

VA-01-07-053 — Anthony and Sylvan Pools

Request: Variance in P-D zone as follows: 1. Allow pool decking to remain and construct screened enclosure 2.5 feet from rear property line in lieu of 5 feet; 2. Allow pool equipment to remain 1.5 feet from side (west) property line in lieu of 5 feet.

Decision: Approved

Hearing: The applicant stated a field inspector with their pool company had approved an extension of the pool area beyond the rear yard setback requirement specified on the permit. They obtained a vacation approval of the easement lying within the rear setback area and then proceeded to file an application for Zoning Variance #1. Upon inquiry by the Zoning Staff, the applicant discovered the pool equipment was also in violation of the side yard setback on the west, and located in a utility easement. Variance #2 was consequently added per the applicant's instruction. Staff did not recommend approval of this variance due to the noise impact it would project on the adjacent neighbor, and the fact that the equipment could be easily moved out of the setback and easement area. There was no opposition present at the public hearing. BZA agreed to approve Variance #1 but felt Variance #2 was unnecessary and constituted a self-imposed hardship.