Orange County — Board of Zoning Adjustment

VA-16-01-134 — GLADYS LUJAN-BREGENZER

Request: Variances in the R-1 zoning district for accessory buildings as follows: 1) To allow existing carport to remain in front yard in lieu of side or rear yards; 2) To allow existing carport to remain 2 ft. from front (south) property line in lieu of 25 ft., and 2 ft. from side (east) property line in lieu of 5 ft.; and 3) To allow existing metal shed in rear yard to remain 3 ft. from rear (north) and side (west) property lines in lieu of 5 ft. (Note: This is a result of code enforcement action)

Decision: Approved

Hearing: The applicant is requesting approval of variances in the R-1 zoning district for accessory buildings as follows: 1) To allow an existing carport to remain in the front yard in lieu of a side or rear yard; 2) To allow an existing carport to remain two (2) feet from the front (south) property line in lieu of twenty-five (25) feet, and two (2) feet from the side (east) property line in lieu of five (5) ft.; and, 3) To allow an existing metal shed in rear yard to remain three (3) feet from the rear (north) and side (west) property lines in lieu of five (5) feet. Staff noted the location of the subject property, and showed historic aerials showing that there was no carport in 1999, however, in 2001 the carport was visible. Staff also noted that a review of aerials from 2004-5 showed that the carport had weathered the storms of 2004 intact. Staff further noted that the carport has been in place for so long, that it has become a part of the appearance of the neighborhood. Staff also noted that the applicant had that morning provided letters of support from five neighbors. The applicant explained the history of the carport, and the fact that no one from the County had ever questioned its existence until a neighbor who had been cited by code enforcement pointed the carport out. The applicant indicated their acceptance of the conditions proposed by staff. There was no opposition at the hearing. The BZA discussed the size of the structure, and how large the variances were. However, they acknowledged that the carport has been in existence for fifteen (15) or sixteen (16) years with no complaints. The Chairman added a new condition pertaining to the current structures.