Orange County — Board of Zoning Adjustment

SE-04-05-129 — Michael Nabavi

Request: In R-CE (single family-1 acre lots) zone to amend BZA's condition of approval # 3 of April 6, 2000 which required a rear yard building setback of 22 ft. (NOTE: The applicant constructed the residence 17.8 ft. from the rear property line. He is requesting approval to allow the residence to remain 17.8 ft. from the rear property line in lieu of 22 ft. as required by the BZA on April 6, 2000. The property owner to the rear has no objection).

Decision: Approved

Hearing: On April 6, 2000, the applicant received variances to construct a home within the front yard setback. The BZA required a rear yard setback of 22 ft. The intent of the condition was to protect the neighbor to the rear. The applicant informed the BZA his contractor poured the foundation 17 feet from the rear property line instead of 22 feet. The house is now 80% complete. He met with the neighbor to the rear and the neighbor has no objection. He submitted a letter of no objection signed by the neighbor to the rear. The BZA concluded the request was minimal and the neighbor's support was important for this request to be approved. There was no opposition to this request.