Orange County — Board of Zoning Adjustment

VA-00-04-012 — Maynard Alli - April 6, 2000

Request: Variance in R-1 zone to allow existing addition to remain 15 ft. from rear (south) property line in lieu of 25 ft.

Decision: Approved

Hearing: The addition was under construction without permits. A complaint was filed, and the applicant was cited by the Building Division. The applicant obtained a building permit with a site plan showing the rear yard setback could be met. A subsequent inspection by the Building Division revealed the violation of the setback requirement. The applicant then applied for the variance. Zoning staff was initially concerned that the addition may be setting up as a separate residence, based on the site plan and floor plan drawings submitted. An on-site inspection by Zoning staff revealed this not to be the case; however, staff found that the applicant was operating a day care home, and that the addition was being used to accommodate approximately ten (10) children. Although the Zoning Code allows a day care operation in the home for up to ten (10) children, the Building Code requires that commercial code standards be met for home operations catering to six or more children. The commercial code standards primarily relate to safety considerations. In order to ensure that safety requirements would be met and to avoid the potential future violations, staff recommended the two conditions of variance approval. The applicant agreed to comply with the requirements. Several commentaries were received from neighbors in favor of the request. There was no opposition.