Orange County — Board of Zoning Adjustment

VA-01-07-054 — Michael Gasdick

Request: Variance in R-1AA zone to erect swimming pool, decking, and pool enclosure 10 ft. from normal high water elevation (NHWE) of Lake Tibet-Butler in lieu of 35 ft.

Decision: Approved

Hearing: The lot is located in the Bay Hill subdivision. The applicant's proposed pool area is 30' in depth by 45' in width. Three written documents were received in opposition and two in favor. One opposition was a letter from John Connolly with the Windermere Water Navigation and Control District (copy of letter attached). Staff pointed out that a similar Variance had been approved two lots to the north. That Variance request was the subject to similar opposition; the request was for 8 feet from the NHWE, but the BZA felt this was too close and required a minimum 20 ft. setback. The subject lot is less constrained than the neighbor's two lots to the north, with respect to the irregular location of the NHWE. Staff recommended that is the BZA approved a variance, it should be of no less than 20 feet from the NHWE for the Gasdick Variance. This would be consistent with the Variance granted to the neighbor and would allow a reasonably sized pool area of 20' x 46'. The applicant's representative stated his preference for a 10 foot setback but did not indicate opposition to the BZA's imposition of a 20 foot setback. There was no opposition present at the public hearing.