Orange County — Board of Zoning Adjustment

VA-18-09-111 — FELIX JEAN

Request: Variance in the P-D zoning district to allow an existing addition located 20 ft. from the rear (south) property line in lieu of 25 ft. This is the result of code enforcement action.

Decision: Approved

Hearing: Staff gave a presentation on the case covering: the location of the property, the site plan, and photos of the site. The applicant stated that they used to have garage sales, but have stopped, and are not running any type of business at the property. The applicant stated that they hired a contractor, who did not get permits, and after getting cited, they paid the contractor to get permits and continue the work, but did not hear from the contractor again. They hired a new contractor. Code Enforcement explained that the Code Enforcement Board told the applicant to comply by July 15, 2018, or a daily fine will be imposed. The Applicant has now accrued a fine, but can request a reduction if the BZA case is approved. The Attorney for the HOA spoke against the application. She stated that the subject property is similar in size to other lots in the subdivision, and is not a corner lot or waterfront. She also pointed out that the applicant did the work first and is now asking for forgiveness, and that approval will give special rights to the applicant, and that financial loss cannot be considered. The BZA recognized that the lot is narrower towards the rear and angled at the back and considered this to be a special condition. Staff received no commentaries in favor of the application, and 3 in opposition to the application. The BZA approved the variance.