Orange County — Board of Zoning Adjustment

VA-99-08-005 — David Bendall

Request: For Variance in R-CE zone to convert an accessory building into a two-story single family residence and to allow residence to be 24 ft. from rear (south) property line in lieu of 50 ft.

Decision: Approved

Hearing: The applicant's property is situated at the rear of an existing one-story ranch house, in the Palm Lake Manor Subdivision, which was platted in 1956. The trend in this area has been to split the original 2 and 3-acre tracts into 1 and 1 /2-acre tracts. The property received BZA approval in 1981 for a large accessory structure (2,220 square feet). The structure was used for storage by the owner of the primary ressidence and appears to be a large concrete block shed or barn. The property was split as a flag lot in 1999, consistent with the surrounding 1-acre densities. However, the applicant's intent to convert the accessory structure into a house involves some constraints. The existing shed is positioned close to the rear lot line (24 feet), which abuts the Sand lake Hills Subdivision to the south. The abutting subdivision has typical lot sizes of 85' x 130', with a combination of R-1A and R-1AA zoning. Although the applicant's intent to convert the shed to a two-story residence was not the original use of the structure, it does present a potential upgrade to the surrounding area. Because the structure already exists, and can use the spacious side yard for porches or additions, if needed, the proposed rear setback variance appears to be the minimum possible variance. To reduce the variance distance, the existing structure would have to be relocated, resulting in a potential deprivation of rights relating to the logical upgrade of an existing structure.