Orange County — Board of Zoning Adjustment

VA-18-02-164 — MELISSA MERKLINGER

Request: Variances in the R-CE zoning district as follows: 1) To allow additional development on a substandard lot with a lot width of 100 ft. in lieu of 130 ft. 2) To allow additional development on a substandard lot with lot area of .3 acres in lieu of 1 acre. 3) To validate an existing home with a setback of 20 ft. from the front (north) property line in lieu of 35 ft. 4) To allow an addition to an existing lanai 25 ft. from the rear (south) property line in lieu of 50 ft. 5) To allow a lanai 40 ft. from the Normal High Water Elevation (NHWE) in lieu of 50 ft. 6) To allow a pool/deck/enclosure 25 ft. from the NHWE in lieu of 50 ft.

Decision: Approved

Hearing: Staff noted that the entire subdivision had been rezoned from R-1A to R-CE in 1967, causing the entire subdivision to become nonconforming. Therefore, the need for the variance is not self-imposed. Staff showed a graphic which indicated that virtually every property owner in the subdivision which made improvements to their property required a variance. Staff also noted that five property owners, included the two most impacted, had submitted letters or correspondence in support of the application. No opposition had been received. Staff concluded in explaining that since the request included a variance to the Normal High Water Elevation, a Hold Harmless Agreement between the applicant and the County would be needed, and that the applicant was aware of this. The applicant indicated their agreement with the staff recommendation and conditions. There being no one in attendance in support or opposition to the request, the public hearing was closed. The BZA concluded that the need for the variance was not self-imposed, was the minimum needed, and was in harmony with the intent of the Zoning Code. A motion to recommend approval of the request passed unanimously.