BCC APPEAL PUBLIC HEARING ON BZA #VA , OCTOBER 2, 2014 APPLICANT/APPELLANT: JOSE HOLGUIN Orange County Zoning Division DATE: December 2, 2014

CASE #:VA APPLICANT:Jose Holguin BZA REQUEST:Variances in R-1AA zone to allow detached accessory buildings to remain as follows: 1) 888 cumulative sq. ft. in lieu of 586 sq. ft.; 2) 0.8 ft. (approximately 10 inches) from property line in lieu of 5 ft.; and 3) Made of materials (metal) not commonly used for single family home construction. ZONING:R-1AA TRACT SIZE:150 ft. x 140 ft. LOCATION:East side of Branchtree Dr., east of Hiawassee Rd. DISTRICT:#1 Background

Applicant’s Amended Request Amended Request: Variance to allow detached accessory building to remain with 844 cumulative sq. ft. in lieu of 586 sq. ft. (Note: Variances #2 and #3 are not required)

Zoning Map

Aerial Accessory bldgs.

Site Plan Submitted to BZA 888 cumulative sq. ft. of accessory uses.8 ft. (10 inches) from rear property line Construction materials comply with code

Applicant’s Amended Site Plan for BCC 844 cumulative sq. ft. of accessory use (44 sq. ft. decrease) Redesign shed to comply with 5 ft. rear yard setback Construction materials comply with code

Elevation Plan

Site Photograph Subject accessory Bldg.

Site Photograph Subject Accessory Bldg.

Project Data  Existing Use: Single Family Residence  Proposed Use:To allow 844 cumulative sq. ft. of accessory use to remain (2 accessory buildings)  Construction materials comply with code  Accessory buildings comply with 5 ft. rear setback  Cited by Code Enforcement Division  Duke Energy submitted letter of no objection to locate within their easement

Staff Findings and Analysis  A 10 inch rear setback was too close to adjacent property  Size of accessory building should be reduced

Community Feedback at the BZA Public Hearing and Community Meeting  No residents spoke in opposition at the BZA public hearing  12 commentaries received in favor  0 commentaries received in opposition

BZA Findings  Level of deviation was extensive  Objected to a 10 inch rear setback  Concerns about setting a negative precedent in this neighborhood  No objection to the construction materials

BZA Recommendation  Denied Variances #1 and #2 in that said variances did not comply with Section 30-43(3), Orange County Code  Approved Variance #3 in that said variance met the requirements outlined in Section 30-43(3)  Vote (6-0)

BCC Action Requested: Approve the modified request, subject to 2 conditions

BZA Conditions 1.Development in accordance with site plan dated “Received October 17, 2014” and all other applicable regulations. Any deviations, changes or modifications to the plan are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes to be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or determine if the applicant’s changes require another BZA public hearing. 2.Pursuant to Section , Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section , the applicant shall obtain all other applicable state or federal permits before commencement of development.

BCC APPEAL PUBLIC HEARING ON BZA #VA , OCTOBER 2, 2014 APPLICANT/APPELLANT: JOSE HOLGUIN Orange County Zoning Division DATE: December 2, 2014

Variance Criteria, Sect