BCC PUBLIC HEARING ON BZA #VA , MARCH 6, 2014 APPLICANT/APPELLANT: CHERYL SINKOWITZ BCC PUBLIC HEARING ON BZA #VA , MARCH 6, 2014 APPLICANT/APPELLANT: CHERYL SINKOWITZ Orange County Zoning Division May 13, 2014 (Continued from May 6, 2014)

CASE #:VA APPLICANT:Cheryl Sinkowitz REQUEST:Variance in P-D zone to construct pool, pool deck and pool screen 0 ft. from rear property line in lieu of 5 ft. ZONING:P-D (Eastwood) TRACT SIZE:75 ft. x 100 ft. LOCATION:East side of Tuten Way, west of Downpatrick Blvd., west of Lone Palm Rd. DISTRICT:#4 Background

Zoning Map

Aerial

Aerial

Site Plan Proposed pool at zero ft. setback (on rear property line)

Site Photograph

Staff Analysis  At time of PSP review, zoning staff advised developer a 15 ft. rear yard setback would not provide sufficient area to construct accessory uses (pools, sheds, etc.)  No similar variances have been granted in this subdivision

BZA Findings  The BZA, as a matter of policy, does not support zero ft. setbacks.  Approval of the request may establish an undesirable precedent in this subdivision  In 1993 staff advised developer of concerns prior to platting

Community Feedback At BZA  Adjacent neighbors submitted letters in support  Eastwood Community Association submitted letter in support  2 commentaries in favor and none in opposition were submitted to BZA

BZA Recommendation  Denied the variance request in that there was no unnecessary hardship shown on the land and the request did not meet the requirements governing variances as outlined in Section 30-43(3), Orange County Code. (unanimous 7-0)

BCC Action Requested Deny the request consistent with BZA’s recommendation of March 6, 2014

BCC PUBLIC HEARING ON BZA #VA , MARCH 6, 2014 APPLICANT/APPELLANT: CHERYL SINKOWITZ BCC PUBLIC HEARING ON BZA #VA , MARCH 6, 2014 APPLICANT/APPELLANT: CHERYL SINKOWITZ Orange County Zoning Division May 13, 2014 (Continued from May 6, 2014)

Variance Criteria, Sect