Orange County — Board of Zoning Adjustment

VA-01-07-060 — Nicolas and Laura Nunez

Request: Variance in R-1A zone to enclose screened porch for permanent room addition existing at 26 ft. in lieu of 30 ft. from rear property line.

Decision: Approved

Hearing: The applicant stated the screened room was existing and in an unsafe condition when they bought the house. They proceeded to the enclose area but were cited by the Building Division for construction without a building permit. Staff had no objection to the variance as it is a minimal request (four feet). However, staff noticed a pool deck, wood deck, and a shed located within the zoning setback of the rear yard and within an utility easement. Staff had no objection to allowing the decks to remain as these are ground construction not impacting neighboring properties. The applicant agreed to relocate the shed. However, the applicant needed to ensure that the utility companies had no problem with allowing the easement encroachment. The applicant agreed with the four conditions proposed by staff, stating she has appointments already lined up to discuss the easement issue with the utililty companies. Staff noted if the companies had a problem with the encroachment, she would have to remove the offending structure. Several commentaries were received in favor; there was no opposition.