Orange County — Board of Zoning Adjustment

SE-16-11-144 — TROY D. RIVERA

Request: Special Exception in the A-2 zoning district to construct detached Accessory Dwelling Unit (ADU) for applicant's mother.

Decision: Approved

Hearing: Staff gave a presentation showing photographs, the location, and the proposed layout of the ADU. The applicant stated the ADU was for his mother. He and his wife are working parents and need their mother to watch his children. He also stated there were many other ADUs in the area and the HOA is not a mandatory association. The HOA President spoke in opposition to the request. He stated that Wedgefield is a deed restricted community which only allows one (1) single family residence per lot. He stated Orange County should not approve such requests when the community has such a deed restriction. Further, he objected to any possibility that this ADU would be rented out. Many ADUs were built with BZA approval, and after the family moves out, they are used as rentals. The BZA informed the HOA President that Orange County must respond to all valid applications. The HOA's review is entirely separate from the County's review. The BZA asked the applicant if they could move the ADU closer to the house and attach them with a breezeway. The applicant stated that the ADU could not be attached to the house due to the layout and location of the master bedroom window. He stated this was the plan and design they have committed to. Staff received two (2) commentaries in favor of the application and one (1) in opposition. The BZA advised the HOA President that rental prohibitions are up to the HOA to enforce and approved the Special Exception.