Orange County — Board of Zoning Adjustment

VA-04-02-115 — Bruce R. McCullen

Request: Variances in R-CE (single family-1acre lots) zone to construct additions (screen porch and bathroom) to single family residence as follows: 1) Screen porch on south side: 6.7 ft. in lieu of 10 ft. 2) Bathroom addition on north side: 2.5 ft. in lieu of 10 ft.

Decision: Approved

Hearing: The applicant wants to construct screen porch and solarium additions to the south side of his home 6.7 ft. from the side property line in lieu of 10 ft. and a bathroom addition to the north side 2.5 ft. from the side property line in lieu of 10 ft. The applicant submitted a BZA application with a site plan depicting an existing room located on the north side of the residence 2.5 ft. from the side property line that he was proposing to expand. Though the room existed, expanding it requires a variance for the entire room not just the additions. However, results of on-site inspection by staff revealed the room had been completely demolished. The applicant expressed his opinion that the room was a non-conforming use and that he should be able to restore the room back to its original state without a variance. Staff responded there is no proof the room was legally non-conforming, but if it had been, the Zoning Code would not permit reconstruction with non-conforming setbacks since it was destroyed. At that point, any reconstruction demands compliance with current code requirements. This is why the applicant needs Variance #2. Five neighbors, including the adjacent property owner's to the north and south, spoke in opposition at the public hearing regarding the visual impacts and the lack of privacy that would be created with the additions. Furthermore, they stated the request did not meet any of the variance criteria. The Board approved the request imposing two conditions of approval proposed by staff and added two additional conditions to address the neighbors concerns. In approving this request, the BZA noted this community was once an old fish camp where homes were built close to the property lines than what current R-CE standards permit. Several other similar variances have also been granted. Directly after the public hearing, the neighbor to the north went down to the Zoning counter and filed an appeal on this case.