Orange County — Board of Zoning Adjustment

SE-02-05-029 — Kamlesh Shah

Request: Special Exception in R-1A (single family-7500 sq. ft. lots) zone to convert existing single family residence into a religious organization and meeting place and Variance to allow unpaved parking areas in lieu of paved. (NOTE: No exterior construction is proposed)

Decision: Denied

Hearing: The Staff Report and Recommendation is located on Pages _____ The applicant wants to convert an existing residence into a place of prayer and worship. The staff report recommended approval based on the fact that the use would be limited in scope and the area residents supported the request. Just prior to the public hearing, staff received new information which resulted in an amended staff recommendation. Specifically, the applicant has been using the site for the proposed use without proper land use approvals. In addition, the applicant constructed a media room without obtaining permits. Since then the applicant has obtained a permit, but the permit was for a house addition. Also, the applicant's petition had 13 signatures in favor. Further research of that petition indicates that only 4 of those signatures are actually property owners in the area. Finally, the applicant advertises to the general public on the internet. Their web site offers programs and schedules events throughout the month. Staff felt this would change the character of the area. Staff informed the BZA the use was not appropriate for this area. This area was built and zoned for residential homes. The proposed use would route non-residential traffic through a residential area. Five property owners spoke in opposition to the request. They felt the request would be incompatible with the homes in the area. The BZA agreed. Staff received 46 commentaries in opposition.