Orange County — Board of Zoning Adjustment

SE-19-05-033 — Elan Azuz

Request: Special Exception in the R-2 zoning district to permit a detached Accessory Dwelling Unit (ADU).

Decision: Approved

Hearing: Staff explained the history of the property, including the fact that in January 2019, the applicant had obtained a Special Exception approval for a guest house. That approval included a similarly sized structure with a similar footprint and elevations. The request meets all criteria for an ADU, which will be occupied by their father. Staff concluded by noting that they had received one correspondence in favor of the request, and no correspondence in opposition.

The applicant indicated that they wanted to ensure that once their father decided to retire and downsize, that they would be able to stay in the ADU permanently, which would not be possible with a guest house. In addition, due to the fact that they travel for business on a regular basis, they wanted to ensure the their father had access to their own kitchen.

One individual spoke in opposition noting that the ADU could be used as an air b&b. There was also discussion regarding whether the subject property had a Homestead Exception. It was established that the property had maintained an exception in the past, and that it did qualify for continuation of an exception. The applicant indicated that they had in fact filed for one. There being no one else present to speak in favor or opposition to the request, the public hearing was closed.

The BZA concluded that the request was in compliance with the criteria for granting a Special Exception. A motion to recommend approval was approved unanimously.