Orange County — Board of Zoning Adjustment

VA-01-06-043 — Yoki Lee

Request: Variances in P-D zone as follows: 1. Allow second kitchen (ancillary "summer" kitchen); 2. Addition to single family residence (screened room and summer kitchen) 20 ft. from rear property line in lieu of 25 ft.

Decision: Denied

Hearing: The property is located in Hunters Creek. As to Variance #1: The applicant stated she wanted the second kitchen for the cooking of meats. She stated she is a vegetarian, and wanted her visiting meat-eating relatives to cook their meals away from the confines of her household. Staff recommended denial of the secondary kitchen as the request was for personal convenience and not a hardship. The only Variances the BZA has approved for second kitchens have been for bonafied guest cottages and large estate communities employing on-site staff requiring separate living quarters. It was noted that in the alternative, the applicant could remodel the existing kitchen or utilitze an outdoor grill for meat cooking. Two letters were received in favor of the Variance for the building setback. One commentary was received in favor and two in opposition. A letter was received from the homeowner's association: there were concerns from neighbors that the applicant may be operating a business or place of assembly from the home. Staff commented that a recent on-site inspection by Code Enforcement indicated the applicant was already in possession of the facilities for the second kitchen; it was noted the facilities were were not household kitchen appliances but were industrial grade kitchen equipment typically found in a restaurant. As to Variance #2: The applicant's rear yard abuts commercial property where a Target store is located. Historically, the BZA has approved reductions to rear yard setbacks when the lot abuts a green area or nonresidential use. Therefore, the BZA approved the reduction in setback, with the condition that it is only for a screened room and no kitchen.