Orange County — Board of Zoning Adjustment

VA-01-01-007 — Royal Custom Builders, Inc.

Request: Variance in a P-D zone to allow swimming pool, decking, and screened enclosure on the rear of property line (zero setback) in liew of a 5 foot setback.

Decision: Approved

Hearing: The pool, decking, and enclosure were built in the wrong place by the contractor. The error was caught prior to final inspection. The lot abuts a retention pond at the rear. All of these improvements not only encroach into the zoning buidling setback, but they also encroach into a platted 10-ft. wide utility easement located across the back of all the lots in the subdivision. The builder attempted to vacate the easement, but the DRC denied it. They discussed replatting the lot to extend the property line and relocate the easement, but there were concerns from Public Works about potential impact of the adjacent retention pond. The applicant told the BZA he clearly understood that even if the zoning variance were approved, they would still have to go back to the DRC to pursue replat and/or vacation. The homeowner's association and adjacent property owners registered no objection to the variance. One letter in opposition was received from a nearby property owner on Kilgore Road, outside of the subdivision. He felt there were other building code violations in the subdivision which should be investigated further before the BZA took action on the subject variance. The BZA was concerned about the violation allegations, the DRC issues with respect to the vacating and retention pond, and the fact that the contractor's error in placing the improvements in the wrong location was blatant. The BZA felt the violations purported in the letter from the nearby property owner could be investigated on a separate basis. The BZA approved the request, but added conditions addressing their concerns relative to the issues the DRC has with the easement encroachment.