Orange County — Board of Zoning Adjustment

VA-25-07-025 — David Acosta and Mercy Marquez

Request: "Variances in the A-2 zoning district to convert an existing structure into an Accessory Dwelling Unit (ADU) as follows: 1) To allow an ADU in front of the primary dwelling unit in lieu of the side or rear. 2) To allow an ADU with 1,403 sq. ft. of living area in lieu of 1,192.5 sq. ft."

Decision: Approved

Hearing: 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 Variances #1 and #2. Staff noted that no comments were received in favor or in opposition to the request. The applicant was present and noted that when they purchased the property the structure was on the property, and they could not redesign the existing structure to comply with the code requirements. They also noted that the structure was originally constructed to match the existing home. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the fact that the structure has been on the property since the 1990s and was permitted to comply with accessory structure requirements rather than accessory dwelling unit requirements. The board also noted that the subject property is approximately 8 acres therefore the structure is not visible from or intrusive to the surrounding properties. The BZA recommended approval of both Variances as requested by a 5-0 vote, subject to the three (3) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan and elevations, date stamped May 30, 2025, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).