Orange County — Board of Zoning Adjustment

VA-20-11-098 — Jose Contreras

Request: Variances in the R-1A zoning district as follows: 1) To allow an existing residence to be located 2.8 ft. from the north rear property line in lieu of 30 ft. 2) To allow an existing residence to be located 5.4 ft. from the east side property line in lieu of 7.5 ft. 3) To allow an existing residence to be located 2.4 ft. from the west side property line in lieu of 7.5 ft. 4) To allow a detached accessory structure to be located 6.4 ft. from the east side property line in lieu of 7.5 ft. This is the result of Code Enforcement action.

Decision: Approved

Hearing: SYNOPSIS: Staff discussed the proposal, covering the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval of variances 1-3, and reasons for a recommendation for denial of variance 4. Staff noted that two (2) comments were received in support and one (1) comment was received in opposition. The applicant stated that the accessory structure was off by about 1 foot, and that he has improved and cleaned up the property and brought everything else up to code. The BZA discussed the case and confirmed when the accessory structure was built and if the applicant would be able to obtain permits within 180 days. The BZA also asked the applicant what would happen to the accessory structure if variance 4 was denied. The BZA also discussed the possibility of approving the existing accessory structure only in the location and requiring new construction to meet codes if the structure is demolished. Code Enforcement stated that the applicant is willing to abide by codes, has removed part of the accessory structure, and has removed debris left by the previous owner. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of the variance by a 6-1 vote, subject to the four (4) conditions in the staff report.