Orange County — Board of Zoning Adjustment

VA-18-04-015 — ALEX NOKHODCHI

Request: Variances in the R-1A zoning district as follows: 1) To allow a side setback of 1.8 ft in lieu of 5 ft. (DENIED) 2) To allow a rear setback of 3.8 ft in lieu of 5 ft. (APPROVED)

Decision: Partial Approval

Hearing: Staff gave a presentation on the case and stated that the structure is existing and is a result of code enforcement. The applicant attempted to allow this structure to remain as an accessory dwelling unit, however since there is not a homestead exemption on the property that is not an option. The applicant decided to apply to allow this structure to remain for storage only. Staff recommended denial of the variances as there were no special conditions and there is enough space to meet setbacks. The applicant stated that they bought the property in 2013 and the structure was existing. They simply want to keep it as a storage building. The neighbor to the east spoke in opposition to the request stating the building had previously been used a rental unit and caused a nuisance. Code enforcement spoke at the hearing and explained that the officer cited the owner for construction without a permit and for using the structure as an ADU. The BZA discussed the use and safety of the structure with the applicant. The applicant stated they would not use the structure as an ADU any longer and will make sure it meets all code requirements. The BZA agreed the rear setback variance was minimal and approved variance #2. They felt the side setback variance was excessive and denied variance #1. The BZA also added a condition that the applicant must remove all plumbing from the structure.