Orange County — Board of Zoning Adjustment

SE-18-05-047 — JAMIE GRANT

Request: Special Exception and Variance in the R-1 Zoning District as follows: 1) Special Exception to construct 500 sq. ft. Accessory Dwelling Unit (ADU). 2) Variance to allow an ADU with a rear (south) setback of 5 ft. in lieu of 10 ft.

Decision: Approved

Hearing: Staff noted that the proposed ADU would replace an existing accessory structure, for which no permits could be found. This structure had been constructed by a prior owner of the property. The applicants purchased the property as is. The house is located on the rear 2/3 of the property, leaving little usable rear yard, most of which is covered by the pool and deck. The proposed location is the only location for any structure. The variance will ensure that the 10 ft. separation distance, which is a life/safety issue, will be preserved. Staff noted that the property to the south is a privately owned/maintained stormwater management tract, and to the west is a large stormwater pond owned by the County. A total of three (3) correspondence were received, all of which were in support of the request, including the most impacted neighbor to the east. The applicant indicated their agreement with the staff recommendation and conditions. There being no one in attendance to speak for or against the request, the public hearing was closed. The BZA found that the six (6) criteria for granting a variance have been met. In addition, the use will be compatible to the neighborhood, and therefore, it satisfies the criteria for a Special Exception. A motion to recommend approval of the variance and Special Exception passed unanimously