Orange County — Board of Zoning Adjustment

SE-18-03-017 — DARRIN GRIFFIN

Request: Special Exception and Variance in the P-D & C-3 zoning district as follows: 1) Special Exception to permit an attached Accessory Dwelling Unit (ADU) over an attached garage. 2) Variance to permit additional development on an existing flag lot with a 5 ft. wide fee simple connection to a public right-of-way in lieu of a 20 ft. wide connection.

Decision: Approved

Hearing: Staff explained that the ADU is for the applicant's parents, and would be located over the attached garage. The addition is designed to blend seamlessly into the main house, which is also a two-story structure. While landscaping is not required between single family structures, there is a significant amount of landscaping surrounding the rear yards. The nature of an ADU is generally similar and compatible to single family homes with respect to noise, odor, and other negative impacts. No variances are being requested, so the ADU will comply with all dimensional requirements of the P-D. While two (2) neighboring property owners are in support of the request, staff did receive one (1) correspondence in opposition. The opponent live north of the subject property and does not oppose the addition or the height, but is concerned that the ADU may become a rental unit. Staff noted that the ADU guidelines had in fact been changed to allow this. It was staff's opinion that the proposed ADU will not prove detrimental to the neighborhood. The applicant waived their right to speak, noting that they were in complete agreement with the applicant. There being no one present to speak for or against the application, the public hearing was closed. The BZA concluded that the use met the criteria for a Special Exception. A motion to recommend approval was passed unanimously.