Orange County — Board of Zoning Adjustment

VA-26-02-092 — Gustavo Reyes

Request: Variances in the PD zoning district as follows: 1) To allow an existing accessory structure (Structure 1) with an east side setback of 1.75 ft. in lieu of 5 ft. 2) To allow an existing accessory structure (Structure 2) with a west side setback of 2.33 ft. in lieu of 5 ft. NOTE: This is a result of Code Enforcement.

Decision: Approved

Hearing: Staff presented the proposal, outlined the property's location, site plan, and site photos, reviewed the six criteria and explained the reasons for recommending denial of the Variances. Staff noted that three public comments were received in support and no correspondences in opposition to the request. The BZA asked Staff about code compliance and how the property was cited. The BZA also discussed what the area behind the property was being utilized for and if the HOA had granted approval of the applicant's request. The applicant was present and explained to BZA why permits were not initially applied for and the issued with the applicant's contractor. BZA went on to ask the applicant about drainage and some of the design choices for the two structures. The BZA discussed compatibility of the structures with the surrounding area and the noted letters of support received for the request. There was no one in attendance to speak in opposition or in favor to the request. The BZA recommended approval of the Variance requests by a 6-0 vote, with one absent, subject to the three conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan and axonometric drawing dated December 15, 2025, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).