Orange County — Board of Zoning Adjustment

VA-02-06-068 — Todd Barton

Request: Variance in R-1A (single family - 7,500 sq. ft. lots) zone to allow addition to single family residence to remain 11 ft. from rear property line in lieu of 25 ft.

Decision: Approved

Hearing: The applicant hired a contractor to build an addition to the rear of their single family residence. A portion of the addition was built before a stop work order was placed on the property by the Building Inspector. The contractor was unlicensed and failed to obtain the necessary permits for the work and furthermore encroached 14-feet into the rear yard setback of 25-feet. The Board indicated to the applicant that the BZA does not grant variances for work done without obtaining building permits. In this case, the applicant had support from his rear neighbor and it was the Board's feeling that the applicant did give the impression they were doing everything legal by hiring a contractor to take care of the addition. However, the Board felt that the setback encroachment was to close and that a minimum 15-feet should be provided. No one spoke in opposition.