Orange County — Board of Zoning Adjustment

VA-03-02-011 — Kristy Bautista

Request: Variance in R-1 (single family-7,500 sq. ft. lots) zone to construct a swimming pool and screened enclosure zero (0) ft. from the rear (north) property line in lieu of 5 ft.

Decision: Approved

Hearing: The BZA felt some Variance relief was warranted due to the fact that the lot's rear yard did not abut another resident's rear yard. Historically, the BZA has approved rear yard variances under such circumstances. However, the BZA has historically not granted variances for zero (0) setbacks. The BZA has always felt there must be room left for a margin of error so as not to create a potential encroachment onto an adjacent property. The BZA was especially concerned about the "margin of error" in this case because the adjacent property is a conservation area. Condition #2 is actually required by Code not under Zoning. It was included as a condition of the Variance approval, however, so the applicant and any other interested party is notified what must be done. The applicant did not appear at the public hearing. There was no opposition, and there were several commentaries in favor. Staff reported the applicant was made aware of the easement vacation requirement at the time she initiated her Variance application. The BZA felt there was sufficient information available to make this decision without the applicant being present.