Orange County — Board of Zoning Adjustment

SE-18-06-058 — ROLANDO MARTINEZ

Request: Special Exception and Variance in the R-1AA zoning district as follows: 1) Special Exception to validate an existing detached Accessory Dwelling Unit (ADU). 2) Variance to validate an existing ADU 8 ft. from the rear (south) property line in lieu of 10 ft.

Decision: Approved

Hearing: Staff noted that they attempted to determine if permits had ever been obtained for the construction of the Accessory Dwelling Unit (ADU), however, County records did not go back far enough to do so. However, through a review of historic aerials, they were able to determine conclusively that the structure was there as far back as 1995, verifying that the ADU was in fact there when the applicant purchased the property in 2016. This shows that the need for the variance was not self-imposed. The unit is to be occupied by the applicant's grandmother, who will be cared for by the applicant's wife. The unit will not be detrimental to the neighborhood. The applicant noted that the unit will provide his grandmother with the care she needs. He understands the rules regarding occupancy, and does not have any intention of using the ADU as a rental. One resident spoke in opposition, simply wishing to go on record that she is opposed to allowing these types of units to be converted to rentals. There being no one else in attendance to speak in favor of or opposition to the application, the public hearing was closed. The BZA concluded that the applicant was aware for the rules regarding occupancy and ownership, and that the ADU would serve a good purpose. In addition, it was noted that the adjacent most impacted neighbors supported the request. A motion to recommend approval of both the Special Exception and Variance was approved unanimously.