Orange County — Board of Zoning Adjustment

VA-16-01-140 — IVETTE ENSENAT

Request: Variance in R-1 zoning district to allow an addition to single family residence 3 ft. from side (east) property line in lieu of 6 ft. (Note: This is the result of code enforcement action)

Decision: Denied

Hearing: The applicant is requesting a variance to allow an addition to a single family residence three (3) feet from the side property line in lieu of six (6) feet. Staff presented its findings. Staff advised that Code Enforcement had visited the site (since the staff report had been composed) and cited the applicant for operating a rooming house. The applicant stated the property is a rental house and is leased to one family and they did not know it was being used as a boarding house. They purchased the property 1.5 years ago and began construction one (1) year ago when they hired a contractor, who they assumed pulled permits. A neighbor spoke against the case, stating the addition was done without permits and that three (3) unrelated individuals with questionable backgrounds were renting rooms there. Code Enforcement confirmed they visited the site and spoke to two (2) individuals who confirmed that there were three (3) individual renters there. Code Enforcement observed two (2) new bedrooms and a bathroom under construction. The applicant is accruing daily fines for the addition without permits.