Orange County — Board of Zoning Adjustment

VA-20-05-019 — Franklin Munoz

Request: Variances in the R-1A zoning district as follows: 1) To allow the existing residence to be located 6 ft. from the south side setback in lieu of 7.5 ft. (APPROVED WITH CONDITIONS) 2) To allow an addition with a side (south) setback of 0 ft. in lieu of 7.5 ft. (DENIED) Note: This is the result of Code Enforcement action.

Decision: Denied

Hearing: SYNOPSIS: Staff explained that the home was built prior to zoning, which could explain the reduced setback for the existing home. Staff stated that the applicant purchased the home in 2019, and that the family occupying it is a member of their family. That family member constructed the improvements without the applicant's knowledge and without permits. The Code Enforcement Board heard the case and found the owner in violation. Staff stated that the property owner to the south submitted a letter of support, and they had received one (1) correspondence in opposition. Staff noted that there was a 15 ft. drainage tract between the subject property and the property to the south. The applicant acknowledged that their relative had made a mistake and they would like to keep the deck as is. There being no one wishing to speak in favor or opposition, the public hearing was closed. The BZA concluded that Variance #1 was warranted, however, Variance #2 was not. The BZA unanimously recommended approval of Variance #1, subject to the three (3) conditions in the staff report and denial of Variance #2.