Orange County — Board of Zoning Adjustment

VA-01-06-045 — Gregory and Susan Wilder

Request: Variance in R-CE zone to allow swimming pool, decking, and screened enclosure 28 ft. from normal high water elevation of Lake Roberts (canal) in lieu of 50 ft.

Decision: Approved

Hearing: The lot is located in the Waterford Pointe subdivision. The BZA found there were unique circumstances to warrant a variance approval. The front yard setback requirement under RCE zoning is 35 ft.; however, the subdivision convenants and restrictions are more than double, being 75 ft. The homeowners association granted a waiver allowing for a 64 ft. setback. However, the lot is one of a few of the smaller lots on the lake with a depth shorter than most of the lakefront lots. One other similar variance was approved on a lot in the subidivision abutting the lake. The Wilders' lot is abutting a canal, not the actual lake, which is the BZA determined constitutes a much lesser impact. The applicant produced letters in favor from neighboring property owners and from the homeowner's association. The BZA determined the pool area was large enough to allow for a minor reduction in the amount of Variance requested. A two-foot reduction was recommended, resulting in an approval for a 30 ft. setback. The applicant did not oppose the BZA's recommendation.