Orange County — Board of Zoning Adjustment

SE-19-04-022 — CESAR DAVID GIRALDO

Request: Special Exception and Variances in the A-2 zoning district as follows: 1) Special Exception to allow an existing Accessory Dwelling Unit (ADU). 2) Variance to allow an ADU with 1,106 sq. ft. in lieu of 1,000 sq. ft. 3) Variance to allow a mobile home as an ADU on a lot with .9 acres in lieu of 3 acres.

Decision: Approved

Hearing: Staff noted that the mobile home which became the ADU had actually been on the property since at least 1975, and that the house was constructed in 1980. At that time no one required that the mobile home be removed, so it has since remained. Staff further noted that the property was likely larger, however, due to eminent domain acquisition by a power company for right-of-way (r-o-w) for a power line, and by the Expressway Authority for SR 417, the lot now sits at .9 acres. Staff noted that the 1 1/2 times the minimum lot size was meant for more suburban sized lots, and not for rural lots which are typically larger and contain larger structures. The applicant indicated their agreement with the staff recommendation. There being no one present to speak for or against the request, the public hearing was closed. The BZA concluded that given all the factors noted by staff, and the rural nature of the east side of the road, the requested ADU fit the character of the neighborhood and the criteria for the variance. A motion to recommend the Special Exception and Variance was passed unanimously.