Orange County — Board of Zoning Adjustment

VA-24-04-011 — Charles Durst

Request: Variances in the R-CE zoning district as follows: 1) To allow an addition to an existing residence with an east front setback of zero in lieu of 35 ft. 2) To allow an existing detached garage with an east front setback of zero in lieu of 35 ft. 3) To allow an addition with a south side setback of 8 ft. in lieu of 10 ft. 4) To allow an existing residence with a south side setback of 7.2 ft. in lieu of 10 ft. 5) To allow an existing residence with a north side setback of 6.2 ft. in lieu of 10 ft. 6) To allow a pool and deck with a 38 ft. setback from the Normal High Water Elevation (NHWE) in lieu of 50 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval of Variances #1, #2, #4 and #5, and denial of Variances #3 and #6. Staff noted that three (3) comments were received in favor of the request, and no comments were received in opposition to the request. The applicant team presented reasons for the need for the Variances, compared the requested side and Normal High Water Elevation (NHWE) setbacks within the area, and rebutted the staff recommendation of denial for Variances #3 and #6, describing the location of the additions. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the requests, noted the constraints due to the configuration of the existing residence in relation to the lot lines, compared the subject property with the surrounding properties with structures encroaching the Normal High Water Elevation (NHWE) and unanimously recommended approval of the Variances by a 6-0 vote, with one seat vacant, subject to the three (3) conditions in the staff report, with a modification of Condition #1, which states, "Development shall be in accordance with the site plan and elevations dated November 14, 2023, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC)." and the addition of Condition #4, which states, "Prior to the issuance of any building permit, the property owner shall record in the official records of Orange County, Florida an Indemnification/Hold Harmless Agree