Orange County — Board of Zoning Adjustment

VA-04-06-172 — Harv Bernfeld

Request: Variances in R-CE (single family-1 acre lots) zone to allow construction of single family residence on substandard size lot as follows: 1) 9,865 sq. ft. lot area in lieu of 43,560 sq. ft. (one acre); 2) 75 ft. lot width in lieu of 130 ft. (NOTE: The mobile home on-site has a lifespan of 7 to 10 years. Once the mobile home is removed, the applicant wants to have the ability to construct a single family residence).

Decision: Approved

Hearing: The property contains a legal non-conforming mobile home. It is legally non-conforming because the mobile home was placed on the property prior to the single family rezoning to R-CE. In addition, the size of the property does not meet the R-CE size requirements (lot size and lot width). Staff advised the BZA that approval of the variance would expedite the removal of the non-conforming mobile home by replacing it with a conventional single family residence. This request would promote the intent and purpose of the R-CE zoning district. A nearby resident spoke in opposition. He felt this would allow smaller size lots in the area. Staff advised the BZA this lot was already created and all future requests would be required to maintain the 1 acre lot size. The BZA agreed and approved the request. Staff received 7 commentaries in favor of this request.