Orange County — Board of Zoning Adjustment

VA-18-06-053 — RONALD FIGUEROA

Request: Variance in the R-1A zoning district to validate an existing screened porch with permanent roof converted to living area by installing glass windows, which is located 20 ft. from the rear (south) property line in lieu of 30 ft. Note: The applicant has obtained letters of support from the three (3) most impacted neighbors, and the porch is an extension of an existing addition to the house for which a variance was obtained in 1983.

Decision: Approved

Hearing: Staff noted that the entire permanently roofed structure was in place when the applicant purchased the property last year. After the storms of last year, the applicant found that the porch, which was screened, flooded. He then enclosed it with glass windows and doors. However, he did not obtain a permit. In 1983, the then owner had obtained a variance to construct a portion of the porch, and at some point prior to the applicant's purchase of the property, someone had extended across the entire rear of the house. The variance is not a self-imposed hardship. The applicant did not extend the porch any further into the rear setback, so this is the least variance needed. The addition is a very common type of addition, and the three most impacted neighbors have provided letters of support. Therefore, it will not be detriment to the neighborhood and will not impair the integrity of the Zoning Code. The applicant noted that he had done the work himself, not realizing that permits were needed for such simple work. He knows that he must obtain the permits, and is certain that the work will meet code. He simply enclosed the porch, which was there when he purchased the property from Orange County. There being no one present to speak for or against the application, the public hearing was closed. The BZA found that the variance was minor, and was simply an extension of the previously approved variance. A motion to recommend approval passed unanimously.