Orange County — Board of Zoning Adjustment

VA-16-09-108 — ANI COSTA

Request: Variances in the R-1 zoning district as follows: 1) To allow an existing accessory structure (enclosed shed w/covered storage) to remain 0 ft. from the side (east) property line in lieu of five (5) ft.; and, 2) To allow the accessory structure to have 600 sq. ft. of floor area in lieu of 500 sq. ft. (Note: The shed and covered storage were permitted in December 2009. However, the reviewer only looked at the setback for the enclosed shed (10 ft. x 15 ft.) which is located under the overall 20 ft. x 30 ft. roof structure, which has open sides and encroaches into the side setback).

Decision: Approved

Hearing: Staff noted that a building permit was approved in 2009 for what currently exists on the site. The applicant was unaware that the permit required follow-up for an inspection. It was only when a permit was sought for unrelated improvements that they were made aware of the outstanding permit, and subsequently, of the error in the original permit. The applicants noted their desire to correct the issue. They also noted that the most impacted neighbors were in support of their request. The BZA surmised that the variance was necessary to validate the construction of something which was actually built in compliance with the permit issued by the County.