Orange County — Board of Zoning Adjustment

VA-19-12-134 — Fernando Alzate

Request: Variances in the R-1A zoning district as follows: 1) To allow an existing home to remain 7.5 ft. from the side street property line in lieu of 15 ft. 2) To allow construction of an addition 5 ft. from the side street property line in lieu of 15 ft. 3) To allow an existing carport to remain 15 ft. from the front property line in lieu of 25 ft.

Decision: Approved

Hearing: Staff explained the history of the subject property, including the fact that due to the construction of SR 408, a portion of the subject property was acquired to construct Bamboo St. to avoid land locking lots to the east. The construction of Bamboo St. and SR 408 not only made the subject property oddly shaped, but also caused it from being a conforming interior lot to a nonconforming corner lot. Because of the floor plan of the existing home, there is no other location to construct the proposed addition, which is for the applicant's father. Staff clarified that this was not an ADU. With regard to the carport, staff noted that the carport first clearly appeared in a 1995 aerial, and has been continuous existence since. It has not been the cause of any code enforcement violations, as does not pose a detriment to the neighbor hood. The applicant explained that they had recently married, and that they need somewhere for their father to be able to go and get away from the activity of daily life. There being no one present to speak in favor or opposition to the request, the public hearing was closed. The BZA concluded that the need for the variances was clearly the result of the construction of SR 408 and Bamboo St., and was not the result of any action by the applicant. Further the existing carport has been in existence for over 20 years and was also not the result of any action by the applicant. A motion to recommend approval of both variances was passed unanimously.