Orange County — Board of Zoning Adjustment

VA-16-06-047 — GENE CAIN

Request: Variances in the A-1 zoning district as follows: 1) To construct an accessory structure (garage) in front of the principal structure in lieu of the side or rear yards; 2) To construct a pool and screen enclosure which will encroach 1 ft. beyond (inside) the NHWE line in lieu of 50 ft. away; and, 3) To validate the existing residence constructed 18 ft. from the NHWE line in lieu of 50 ft. (Note: According to the Property Appraiser's web site, the existing home was constructed in 1972. The proposed addition of the pool with screen enclosure will be 1 ft. into the NHWE.)

Decision: Approved

Hearing: Staff explained the lot was basically a flag lot, therefore, the accessory structure will be back off the road, nearly invisible. Also, the lot is a lakefront lot. As such, it is common that accessory structures be located in front of the main residence. Additionally, due to the placement of the home, there is no room in the rear yard for an accessory structure. Staff then explained to the BZA that unlike other newer seawalls, the top of this seawall, which was not installed by the current owners, is actually below the NHWE. The actual NHWE is in the middle of the back yard. As currently proposed, this would place approximately one (1) ft. of the pool deck and enclosure lakeward of the NHWE, which EPD had stated they cannot support. Therefore, staff is amending condition #4, to require that the deck and enclosure be no closer than one (1) ft. from the NHWE. The BZA concluded the request was similar to other approvals in the area.