Orange County — Board of Zoning Adjustment

SE-22-09-094 — Julian Coto for B2MAX LLC

Request: Special Exception and Variance in the R-2 zoning district as follows: 1) Special Exception to allow a 2-story multi-family development to be located 68 ft. from the east property line of a single-family dwelling district in lieu of 100 ft. from the property line of a single-family dwelling district and use. 2) Variance to allow structures containing three (3) or more dwelling units to maintain a building separation of 15 ft. separation between any other structure on the same lot or parcel in lieu of 20 ft.

Decision: Denied

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval of the Special Exception and denial of the Variance. Staff noted that no comments were received in support, forty-nine (49) comments were received in opposition, and one (1) neutral comment was received. The applicant noted the requested Variance only impacts the subject property and the code requirement does not match any building or fire code requirements. The applicant also noted that the Special Exception requested for distance is from a church use, not a residence, which is located in a residential district. There was no one in attendance to speak in favor of the request. There were 13 speakers in attendance in opposition of the request. The BZA discussed the Special Exception and Variance, stated the negative impacts to the surrounding area, inconsistency with the six (6) criteria and unanimously recommended denial of the Special Exception and Variance by a 6-0 vote, with one absent.