Orange County — Board of Zoning Adjustment

VA-17-03-007 — LYIZZ KAZYMYRR

Request: Variances in the R-1A zoning district as follows: 1) To validate an existing residence located 25 ft. from the rear property line in lieu of 30 ft.; and 2) To enclose an existing carport 25 ft. from the rear property line in lieu of 30 ft.

Decision: Approved

Hearing: Staff noted that the home, which was constructed in 1957, is located only 25 ft. from the rear property line in lieu of the required 30 ft. R-1A setback. This renders the entire home a nonconforming structure. The applicant is not increasing the footprint of the home currently under roof, only converting the area under roof from nonliving to living area. Without the variances, she would not be able to do so, as could others in the R-1A zoning district. The applicant is not the original owner, and as such did not cause the existing situation. Staff noted that two neighbors had submitted letters of support, including the most impacted neighbor the to the east. The applicant indicated their agreement with the staff recommendation and the proposed conditions. There being no one in attendance to speak for or against this request, the public hearing was closed. The BZA noted that the nonconforming status of the home justified the need for the variance, without which the applicant would not be able to do something most other homeowners in the same zoning district would likely be able to do.