Orange County — Board of Zoning Adjustment

VA-18-09-119 — ARACELIA CUEVAS

Request: Variances in the R-2 zoning district as follows: 1) Variance to validate a completely enclosed porch 24 ft. from the rear (east) property line in lieu of 25 ft. (APPROVED w/CONDITIONS) 2) Variance to validate a lanai with a permanent roof 14 ft. from the rear property line in lieu of 25 ft. (DENIED) This is the result of code enforcement action.

Decision: Partial Approval

Hearing: Staff explained that the reason this case has returned to the BZA is due to the fact that the BZA, after four (4) attempts failed to successfully pass a motion at its September 6th hearing on this item. Staff explained that the County Attorney's office determined that the BZA must adopt a position on each case brought before it. Staff provided a recap of the case. Because this item was advertised as being for decision only, there was no further testimony from the applicant nor the public. The BZA discussed the aspects of the case at length. A great deal of discussion centered on the special conditions and circumstances of the case. After lengthy discussion, a motion was made to approve Variance #1 and deny Variance #2. The motion passed by a vote of 4-1.