Orange County — Board of Zoning Adjustment

VA-01-06-042 — John K. Jones

Request: Variance in R-1A zone to allow carport addition to single family residence to remain currently in violation) on front property line (zero setback) in lieu of 25 ft.

Decision: Denied

Hearing: The applicant built the two-vehicle carport without permits. The Building Department cited the applicant and reported the construction that has taken place does not meet Building Codes. Furthermore, the carport extends beyond the front building setback and encroaches into the County right-of-way by 6 1/2 feet. The County Engineer's office conducted an on-site inspection and reported the encroachment must be removed. It was indicated there had been a carport attached to the residence, but that it was converted and enclosed for a bedroom. The applicant stated he wanted the carport to protect his cars from sap dropping off his trees. He did not want to cut the trees down. He stated he was willing to eliminate that portion of the carport existing in the right-of-way. One commentary was received in favor and five were received in opposition. The opposition was concerned with aesthetics. The district BZA representative noted the entire structure would have to be removed because of the right-of-way encroachment and lack of Building Code compliance. Further, this was an extreme Variance request; even if the amount of variance were reduced, this would leave the applicant with only part of the cars being protected. The BZA felt this was a self-imposed hardship. It was felt there were alternatives available to solve the problem, such as the use car covers or removal of the trees.