Orange County — Board of Zoning Adjustment

VA-20-02-150 — Lilian Segarra

Request: Variances in the R-1A zoning district as follows: 1) To allow an existing addition 3.3 ft. from the south side property line in lieu of 7.5 ft. 2) To allow an existing addition 20 ft. from the rear property line in lieu of 30 ft. Note: This is the result of Code Enforcement action.

Decision: Approved

Hearing: Staff gave a presentation on the case covering the location of the property, the site plan, and photos of the site. The applicant had nothing to add to staff's presentation. The BZA asked about fines and confirmed that a contractor had constructed the addition. They were also concerned about the safety of the structure, and wanted to know why it took 2 years to apply for the variance. The applicant stated that the reason for the delay was due to not knowing how to file and being unable to find anyone to help with the plans. The applicant also stated that they hired a contractor who stated that they took care of everything, including permits, and they cannot locate the contractor now. Code Enforcement confirmed that the addition had been built without permits, that a fine was accruing every day, and that a permit was needed to stop the fines. Code Enforcement also confirmed that they were not able to enter the building. Staff received one (1) commentary in favor of the application, and one (1) in opposition to the application. There being no one present to speak in favor or opposition to the request, the public hearing was closed. The BZA made a motion to deny the application, which failed. A second motion was made to recommend approval of the requested variances, which passed with a 3-1 vote, subject to the four (4) conditions found in the staff report.