Orange County — Board of Zoning Adjustment

VA-03-08-091 — David S. Greenberg

Request: Variance in R-2 (residential-I-4 unit structure) zone to build triplex on a substandard sized lot area 11,000 sq. ft. in lieu of 11,250 sq. ft. (NOTE: Existing residential structures will be demolished)

Decision: Denied

Hearing: The property is located in a neighborhood that is primarily composed of single family dwellings that are single story in height. There are some duplexes in the area as well. The applicant stated they had developed plans for the triplex and then learned they were short on meeting the minimum lot square footage requirement. He stated he could not financially afford to build a duplex (which requires less square footage than a triplex) because of the amount of money he spent on the property. Staff advised a duplex could be built on the property without the need of a Variance, and a financial hardship does not constitute legal grounds for a Variance approval. Also, there have been no Variances granted by BZA in this area to allow for the construction of triplexes on substandard sized lots. Staff further advised that a preliminary review of the project indicated that other minimum zoning requirements, such as open space and vehicular parking, are not being met. One commentary was received in favor and five in opposition. A letter in opposition was received from the City of Winter Park, whose jurisdiction is located one block to the east and one block to the south of the property. The gist of Winter Park's opposition is that triplexes on R-2 zoned properties are held to a stricter standard, and that the project, as proposed, would be too intense and out of character with the area. Neighboring commentaries cited similar concerns. The BZA noted that although the amount of the Variance request was minimum, an approval of this request would set a precedent that would allow other similar variance requests that could ultimately change the character of the neighborhood. The BZA felt the applicant did not prove his request met the criteria for the granting of a Variance and therefore recommended denial of the request.