Orange County — Board of Zoning Adjustment

VA-16-09-112 — JOHN KASSIK OF K. HOVNANIAN HOMES

Request: Variance in the P-D zoning district to allow addition to single family residence (under construction) 21 ft. from the rear property line in lieu or 25 ft. (Note: The unit is currently under construction, and it was found when they attempted to add a lanai that it would encroach four (4) ft. into the rear setback.)

Decision: Approved

Hearing: Staff explained the required rear setbacks for a unit built interior to the project as opposed to along the exterior of the project. Staff noted that the permit issued for this unit did show a setback of 21+ ft. It was the result of an inspection which revealed that the unit was an exterior unit and needed a 25 ft. rear yard setback versus 20 ft. It backs up to a major stormwater pond for SR 414. There are two options, demolish the substantially constructed structure to correct the setback or grant the variance. Staff finds demolition to be unwarranted. The applicant was in agreement with the staff findings, recommendation and proposed conditions. The BZA concluded that demolition was excessive, and that the variance was necessary to correct a permitting oversight.