Orange County — Board of Zoning Adjustment

VA-20-06-029 — Dean Fogg

Request: Variance in the R-1A zoning district to allow an existing accessory structure to remain 4.4 ft. from the east side property line in lieu of 5 ft. Note: This is the result of a Code Enforcement action.

Decision: Approved

Hearing: SYNOPSIS: Staff explained the history of the property, including the fact that the applicant constructed the existing home in 2017. In 2018, they hired a contractor to build a shed who stated that no permits would be needed. After they were cited by Code Enforcement, the applicant attempted to permit the shed, and discovered that the shed was partially located in the side setback, and in two (2) utility easements. They applied for a partial vacation of the two (2) easements, which was granted by the BCC in March 2020 and submitted the variance request to remedy the setback violation. Staff indicated that four (4) correspondence in support and three (3) in opposition were received. The applicant noted that they came to Florida from Texas where permits for sheds are not required. They also indicated that they had gone through the abandonment process, and they now needed the variance to finish the permitting process. The BZA asked the applicant if they had the name of the contractor, to which the applicant replied they did, however, the phone number was disconnected. There was no one else present to speak in favor or in opposition to the request. The BZA concluded that the reliance on a contractor who misinformed them was both a special condition and circumstance, which also indicated that the need for a variance was not self-imposed. Others in the same situation have been able to locate a shed in a similar location, so the variance is not conferring any special privilege, and that this is the minimum variance needed. The BZA unanimously recommended approval of the variance request with the four (4) conditions recommended in the staff booklet, plus a 5th condition that if the shed is ever destroyed or removed, any replacement must meet the setbacks in effect at that time.