Orange County — Board of Zoning Adjustment

VA-21-01-130 — Hector Bentancourt

Request: Variance in the R-1A zoning district to allow the addition of an existing 138 sq. ft. addition to a residence with a 6.5 ft. east side setback in lieu of 7.5 ft. This is the result of Code Enforcement action.

Decision: Approved

Hearing: Staff noted that the request was the result of code enforcement action. An RV was observed on the property without a permit. It was then found that there were pavers installed, two (2) unpermitted sheds, and an addition to the east side of the home. The applicants have since obtained permits for the pavers and RV, and a demolition permit for an older small shed, plus a permit to relocate the larger newer shed. However, when they attempted to obtain a permit for the addition, it was found that a portion of it encroached up to one (1) ft. into the side setback. It was noted that due to the odd shape of the lot, only the front portion of the addition encroaches. Most of it outside of the setback. Staff noted that the applicant had provided two (2) letters of support, including one from the property owner to the east, and that after the report had been prepared, one arrived in support. No correspondence in opposition were received. The applicants apologized for doing the work without permits, as they come from a place where permits for such work is not required. They simply wish to resolve the final issue and appreciate the staff recommendation for approval. The BZA concluded that the applicants had done a good job in resolving the other issues, and that the shape of the lot and the location of the home were impediments to making a logical addition to the home. A motion to recommend approval passed by a unanimous vote.