Orange County — Board of Zoning Adjustment

VA-02-02-020 — Parbatee Persaud

Request: Variance in R-1A zone (single family-7500 sq. ft. lots) to construct room addition (Florida room) to single family residence 17 ft. from rear property line in lieu of 30 ft.

Decision: Approved

Hearing: Staff recommended denial of the request. The request does not meet the Variance criteria nor any of the policies established by BZA for the granting of such Variances. There have been no variances granted in the neighborhood and the rear yard backs up to other homesites. Staff advised the BZA members if they are inclined to approve a Variance, consideration should be given to a reduced setback. Two commentaries were received in opposition. Staff reported there is an existing homeowner's association on record, but the applicant has not obtained a letter of no objection from them. The applicant told the BZA the addition is already built. She was not aware that a building permit was needed until someone informed her afterwards. She said she did not have the funds to tear it down and rebuild with a new configuration. The BZA discussed this case at length. The BZA was concerned about the safety issue associated with an unpermitted/uninspected building. The BZA considered denial of the reques. A BZA member suggested a reduced setback (25') could be imposed. He noted that a portion of the building would have to be removed for the reduced setback, but pointed out portions would have to be removed anyway in order for the Building Division inspectors to conduct all the proper inspections. Although the BZA was inclined to deny the request, after much discussion, the consensus was to allow a small variance (5'). Further, they gave the applicant 120 days to bring the building into compliance (either remove it totally or rebuild with the approved Variance). Normally, the BZA would have granted only a maximum of 90 days, but gave the applicant two extra months to secure the additional funds for the project.