Orange County — Board of Zoning Adjustment

VA-99-08-007 — Hudson Construction, Inc. - August 5, 1999

Request: For Variance in R-L-D zone to erect single family residence 22 ft. from front (west) property line in lieu of 25 ft.

Decision: Approved

Hearing: The existing condition is a home under construction on Lot 132, in a new subdivision known as Water's Edge and Boca Pointe at Turtle Creek. The applicant's contention is that the foundation was poured prior to the realization of a survey error. The subject lot had a survey marker placed in error on the inside of the mansory wall. The marker wass not the correct corner pin, and was used for reference in error. Using the incorrect marker, the foundation was poured. The mistaken position of the survey marker was not identified until the home construction on Lot 132 was 50% complete. The option to a variance would be to move the house or remove the front three (3) feet of the garage, at considerable cost. Moreover, the garage size will need to be large enough to at least accommodate mid-size cars. The homeonwer's association has provided a letter saying they are in favor of the variance. Since the variance requestes is less than three (3) feet from the normal front setback of 25 feet, the request would not present a major impact to the surrounding neighborhood.