Orange County — Board of Zoning Adjustment

SE-15-11-104 — MICHAEL HEAVENER

Request: Special Exception in the A-1 zoning district to construct a detached Accessory Dwelling Unit (ADU)

Decision: Approved

Hearing: The applicant is proposing a detached accessory dwelling unit for his mother and father. Staff gave a brief presentation. Staff advised the BZA the subject parcel is surrounded by urban-type densities and subdivisions. This is one of the last remaining agricultural zoned parcels in the area. The request met the intent of the accessory dwelling unit regulations. The applicant advised the BZA he did not agree with condition of approval #3 which did not allow the dwelling unit to be rented out. He advised the BZA that the parcel was 5.75 acres in size and his resulting density is 2 dwelling units per 5.75 acres of land. The surrounding area is allowed to have up to 4 homes per acre. The applicant wants to be able to rent out the ADU once his parents pass away. Staff advised the BZA it did not object because of the resulting density of 2 homes per 5.75 acres. The BZA agreed with staff but indicated if this was a smaller lot in an urban area, they would prohibit house from being rented