Orange County — Board of Zoning Adjustment

VA-18-02-156 — ANGEL MURIEL

Request: Variance in the R-1 zoning district to construct an accessory structure 1.7 ft. from side (north) property line in lieu of 5 ft.

Decision: Denied

Hearing: Staff explained that the applicant constructed an addition to the existing shed without permits and was cited by code enforcement. The addition encroached into the side setback and they were instructed to apply for a variance. The applicant stated that the accessory structure would be used for a pool house/storage and that no one would reside in the structure. Staff noted that the utility easement in the location where the addition was constructed was vacated through Orange County Utilities. The applicant submitted 2 (two) letters of support from the adjacent neighbors, one of which spoke in favor of the application at the hearing. The neighbor stated that the shed was not a nuisance to them and they were fine with the location. No one spoke in opposition of the request. The BZA noted that the need for the variance was self created, there were no unique circumstances, and was a result of code enforcement action. The BZA denied the request as the application did not meet any of the variance criteria.