Orange County — Board of Zoning Adjustment

VA-16-10-121 — EVANGELINA MALDONADO

Request: Variances in the R-T-1 zoning district as follows: 1) To permit a total of 564 sq. ft. of accessory structure floor area in lieu of 500 sq. ft.; 2) To permit an existing accessory structure to remain three (3) ft. from the side (east) property line in lieu of five (5) ft.; 3) To permit a separation distance between two accessory structures to remain at four (4) ft. in lieu of 10 ft.; and 4) To permit an existing addition to the rear of the mobile home to remain 22 ft. from the rear property line in lieu of 25 ft. (Note: The additions were made to the garage without building permits. The property owner was cited by code enforcement for having multiple complete dwelling units on the property, including the back half of the garage, and the front end of the mobile home being divided from the back half. This property is zoned to have 1 single family dwelling unit on it.)

Decision: Approved

Hearing: Staff noted that this request was the result of code enforcement action. The applicant added 3 additional dwelling units without zoning approval. Staff could not support this request unless the end result was the restoration of the property to only one (1) dwelling unit, per Code. The applicant indicated that they intend to bring everything into compliance. Staff noted that no correspondence in favor or opposition to the request had been received. The BZA discussed the request, and noted that the granting of the variances with the conditions recommended by staff would result in the restoration of the site to one unit. An 11th condition was added to require that should the small shed ever be removed or destroyed, it could not be replaced without authorization of BZA. There was no opposition at the hearing.