Orange County — Board of Zoning Adjustment

VA-00-10-019 — Roy & Linda Watson

Request: Variances in R-1AA zone to erect detached accessory structure (3-car garage) as follows: 1. 875 sq. ft. of floor area in lieu of 500 sq. ft.; 2. 27 ft. in height in lieu of 15 ft.

Decision: Approved

Hearing: The property is in the Stonehurst Estates subdivision, near Winter Park. The applicant's home is under construction on-site. The applicant's variance documents indicated the proposed accessory building would be two stories in height with the bottom level being a three-car garage, and the upper level an attic for storage. However, a note on the drawings revealed plumbing for a future bathroom on the second story. The BZA does not support such provisions for accessory buildings due to the potential for future illegal conversion to a dwelling unit or commercial venture. A part of the height request is due to a pitched roof design which will be architecturally consistent with the proposed house. The applicant stated they are proposing the upstairs bathroom in case they have to move in a family member in the future. Staff reported there were several commentaries in favor, but there were two in opposition from abutting property owners to the rear, who were concerned about a privacy impact. One of the abutting owners subsequently reviewed the site plan and elevation drawings which showed there would be no windows on that side, and that the setback for the accessory buildling was a considerable distance from the rear property owner. Staff had assured the person that the building would not be used for dwelling purposes. Based on that information, this person sent a retracted commentary stating his approval of the request. The District BZA member explained to the applicant that it was not the BZA's policy to approve plumbing facilties on variances for oversized accessory buildings. He suggested that if and when the need arrives to move in a family member, he could refile another application at that time for review and consideration by the BZA.