Orange County — Board of Zoning Adjustment

VA-21-02-135 — Bolivar Pluas (Ronald Sikes)

Request: Variance in the R-1 zoning district to allow an existing ADU to be located 3.9 ft. from a proposed new east rear property line resulting from a proposed subdivision in lieu of 5 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the history of the site, including the original platted lot configuration, the current parcel size, the proposed subdivision plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for the recommendation for denial since the owner has the opportunity to shift the proposed lot line in order to eliminate the need for the variance. Staff noted that no correspondence in favor and no correspondence in opposition had been received. The owner noted that the intent was to maintain the original platted block pattern to avoid creating a new irregularly shaped lot. There was no one present to speak in support or in opposition. The BZA concluded that the special conditions and circumstances particular to this lot is a direct result of the existence of the current structures being located within the border of the lot prior to any adopted zoning regulations; that the applicant is not responsible for the current location of each structure¿s location on the lot because the structures were built prior to any established zoning district; that the approval of this variance will not confer any special privilege to the applicant as compared to others in the same area and zoning district in order to maintain the current larger structure as a single family residence and the smaller structure as an accessory dwelling unit which is permitted in the R-1 zoning district; that without approval of this variance the applicant would be deprived of their right to enjoy the use of the existing accessory dwelling unit; that approval of this variance would be the minimum variance required to allow the applicant to own and maintain the accessory dwelling unit in its current location; and that the purpose and intent is satisfied with the variance approval to cure lot configurations for residents to lawfully possess an accessory dwelling unit. The BZA recommended approval of the var