Orange County — Board of Zoning Adjustment

VA-24-10-096 — Luis Sosa for Ep Builders LLC

Request: Variances in the R-T-1 zoning district as follows: 1) To allow an existing deck with a north rear setback of 8.1 ft. in lieu of 20 ft. 2) To allow an existing addition with a north rear setback of 17 ft. in lieu of 20 ft. Note: This is a result of Code Enforcement.

Decision: Approved

Hearing: SYNOPSIS: 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 for denial. Staff noted that no comments were received in favor or in opposition to the request. The applicant discussed the staff recommendation of denial, noting the deck and addition were built prior to the owner purchasing the property, and unaware that the structures were built without permits. There was no one in attendance to speak in favor or in opposition to the request. Code enforcement staff discussed the history of citation. The BZA discussed the request determining the deck and addition were built prior to the current owner that was unaware of the code compliance citations and unanimously recommended approval of the Variances by a 5-1 vote, with one absent, subject to the four (4) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan and elevations date stamped October 8, 2024, 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). 2) Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all other applicable state or federal permits before commencement of development. 3) Any deviation from a Code standard not specifically identified and reviewed/addressed by the Board of County Commissioners shall be resubmitted for the Board's review or the plans revised to comply with the standard. 4) Prior to issuance of a permit for the deck and addition, the stairs attached to the deck and the portion of the A/C concrete pad which encroaches into the easements shall be removed and relocated to a code compliant location.