Orange County — Board of Zoning Adjustment

VA-25-07-028 — Applicant

Request: Variances in the R-1A zoning district as follows: *1) To allow a cumulative square footage for a detached accessory structure of 1,873 sq. ft. in lieu of 925.6 sq. ft. *2) To allow an Accessory Dwelling Unit (ADU) with living space of 748 sq. ft. in lieu of 723 sq. ft. 3) To allow an ADU with a rear setback of 5.74 ft. in lieu of 15 ft. 4) To allow an ADU with a south side setback of 6.25 ft. in lieu of 7.5 ft. 5) To allow an addition (carport and porch) with a front setback of 14.66 ft. in lieu of 25 ft. *Modified approval of VA#1 and VA#2 was deemed unnecessary based on revised plan. *COA #1 and #4 were modified by BZA

Decision: Approved

Hearing: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation of denial of the Variances. Staff noted that no correspondence was received in favor or in opposition to the requests. The applicant was present and described their justifications for requesting the Variances and how the project met all the Variance criteria. The applicant submitted 5 feedback forms in support of the requests from surrounding property owners. The applicant also presented alternate plans that modified the elevation and reduced the living space square footage of the ADU to comply with code and therefore Variance #2 was no longer necessary. BZA discussed Variances #3 and #4 are for the existing walls of the structure and could not be moved. They also discussed in regard to Variance #5, the house does not have a covered entry, and other properties has similar encroachments. additions in relation to the needs of the owners. They also noted that the Variances are required due to the unique lot configuration and placement of the existing home. Also, the additions are designed to match the existing home. There was one individual in attendance to speak in favor and no one in attendance to speak in opposition to the request. The individual who spoke in favor of the requests was the applicant's son and stated he travels as a flight attendant and would live in the ADU. The BZA recommended a modified approval of Variance #1 as follows: 1) To allow a cumulative square footage for a detached accessory structure of 1,848 sq. ft. in lieu of 925.6 sq. ft. The BZA recommended approval of Variances #3-#5 as requested by a 6-0 vote with one (1) absent, subject to the five (5) conditions found in the staff report with the following modifications: 1. With the exception of reduction of the square footage of the living space of the Accessory Dwelling Unit to no more than 723 sq. f

Conditions: 1) With the exception of reduction of the square footage of the living space of the Accessory Dwelling Unit to no more than 723 sq. ft., development shall be in accordance with the site plan and elevations date stamped July 17, 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).