Orange County — Board of Zoning Adjustment

VA-20-11-106 — Barbara Gottlieb

Request: Variance in the A-2 zoning district to allow a 1,300 sq. ft. detached accessory dwelling unit above a garage in lieu of 1,000 sq. ft.

Decision: Approved

Hearing: SYNOPSIS: Staff discussed the proposal, the ongoing construction occurring on the site, the location of the property, and the photos of the site. Staff noted the intent of the ADU regulations are to ensure that an ADU remains subordinate to the principal residence and explained how the living area of an ADU is calculated. Staff also described the applicant's rationale for the request. Staff provided an analysis of the six (6) criteria, and the reasons for a recommendation of denial. Staff noted that letters of support were received from the HOA and four (4) property owners, and one (1) letter was received in opposition. The applicant agreed with the staff presentation and noted that the builder recommended duplicating the same footprint as the lower level, to lower the chances of water leakage. The applicant also noted the minimal difference in the cost of construction of 1,000 sq. ft. versus the 1,300 sq. ft. The applicant further described some additional reasons for the additional needed living area. There was no one present to speak in favor or in opposition to the request. The BZA concluded the property could be considered as a infill site and, at the advice of a builder, the building lines of the lower level need to be followed in order to allow for appropriate visual aesthetics was considered a special condition and circumstance, the footprint and size is not self-created, and the granting of the additional 300 sq. ft. for the ADU is a minimal request and will not confer special privilege. The BZA unanimously recommended approval of the variance, subject to the six (6) conditions in the staff report.