Orange County — Board of Zoning Adjustment

VA-16-06-056 — TONIA MYERS

Request: Variance in the R-1A zoning district to allow existing sunroom to remain 19 ft. from the rear property line in lieu of 30 ft. (Note: The current owners purchased the home as is. A prior owner had obtained permits to build a screen room with solid roof, which they actually closed in with glass making it living area. Also, the actual house was constructed only 25 ft. from the rear property line, 5 ft. short of the required 30 ft.)

Decision: Approved

Hearing: Staff explained that a prior owner had obtained a permit to construct a screen room on the rear of the house, which is permitted to encroach up to thirteen (13) feet into the rear setback. At some point, and without permits, the owners then converted the screen room into a sunroom. Once glass windows are installed, the area of the sunroom becomes living space and must meet setbacks. The applicants discovered the issue when they applied for permits for interior alteration. Staff also noted that the main home did not meet the thirty (30) feet setback, being only twenty-five (25) feet from the rear property line. The applicants indicated that they were in agreement with the staff recommendation. There being no one in attendance to comment in favor or opposition to the request, the public hearing was closed. The BZA noted that it appeared that the original permit had been completed, and that the widows were retrofitted, most likely after the County had inspected the screen room. Finding that the improvements were not a result of action by the applicant, a motion to recommend approval of the request was unanimously approved.