Orange County — Board of Zoning Adjustment

VA-03-06-068 — Dan & Veronica Pokima

Request: Variance in R-1AA (single family-10,000 sq. ft. lots) zone to operate a community residential home (assisted living facility) 625 ft. from another community home to the west (1401 Sackett Circle) in lieu of 1,000 ft.

Decision: Approved

Hearing: The applicants want to operate a community residential home for the elderly (6 residents). Florida State Statutes permit by right all community residential homes in any residential area with a 6-resident cap. However, local zoning has the right to impose a 1,000 foot separation between community residential homes in order to avoid an undue concentration or clustering of such homes in any given neighborhood. Orange County Codes employ the 1,000 foot separation requirement. The applicant requests a variance the separation requirement in that the proposed home is 625 feet from another such home to the west. Staff recommended approval of the variance because that other home is entirely within a different subdivision and has no physical correlation with the proposed. Therefore, the requested variance meets the intent and purpose of the 1,000 ft. separation requirement. A group of residents residing on the same street as the proposed home spoke in opposition at the BZA hearing. However, their opposition was to having a group home in the neighborhood and not to the actual variance on the 1,000 foot separation requirement. In general, their concerns related to having a business in the neighborhood, increased traffic, crime and safety, overuse of septic tank, property values, and an increase in ambulance and rescue vehicles on the street. The BZA felt the Variance was reasonable given the unique geography between the two community residential home sites. Further, the BZA noted there is a great need for housing for the elderly, and that a home for the elderly in a residential area would not detrimentally impact other homes in the neighborhood.