Orange County — Board of Zoning Adjustment

VA-19-02-192 — NELSON JIMENEZ

Request: Variance in the R-1A zoning district to allow an existing enclosed sunroom to remain 22 ft. from the rear property line in lieu of 30 ft. This is the result of Code Enforcement action.

Decision: Approved

Hearing: Staff noted that the special circumstance particular to this property was the placement of home when it was originally constructed. Due to the major setback from the fort property line, the rear northeast corner of the hose actually encroaches two (2) ft. into the rear setback. When the screen porch was constructed, the builder simply followed the rear building line, as would be the normal practice. If the home had been constructed closer to the front building line, no variance would have been needed. Staff noted that the most impacted neighbor to the east is in support of the request. The applicant's attorney spoke to clarify when the owners took possession of the property, and to state that the shed, carport and permanently roofed screen porch were their when they took ownership. There being no one else in attendance to speak in favor of or opposition to the request, the public hearing was closed. The BZA concluded that the need for the variance was not self-imposed, and that the special circumstances justified the granting of the variance. A motion to approve the requested variances passed unanimously.