Orange County — Board of Zoning Adjustment

VA-04-01-109 — Maynard Alli

Request: Variance in R-1 (single family-7,500 sq. ft. lots) zone to allow addition to single family residence to remain 22 ft. from rear property line in lieu of 25 ft.

Decision: Denied

Hearing: This request came to the BZA as a result of violations cited by Code Enforcement for operating a boarding house and for an addition existing at the rear of the house without a building permit and in violation of the rear yard setback. The applicant owns and leases out the house on the subject property. Her own residence is at 1218 Jordan Avenue, across the street. The house was built as a three-bedroom home. The applicant converted the home's carport into living area for a fourth bedroom (that conversion was legally permitted). The applicant stated the addition at the rear of the house consists of two rooms that would be used for storage. However, staff expressed concerns about the potential misuse of the addition for boarding house purposes. Photographs taken of the addition showed there are two entry doors on the back wall of the addition and windows on each side. There is a portable air conditioning unit in one of the windows, and a TV cable cord running out the other window. Further, the subject addition does not have access to the rest of the house. Several commentaries were received in favor of the request and two in opposition. The two in opposition were concerned about homes in the subdivision being modified to allow for secondary apartment units. The BZA denied the request. They felt the circumstances surrounding the addition were conducive to a future zoning violation. The BZA noted that most Variance approvals for house additions are for residential living purposes and not storage, and are for applicants who are occupy the home.