1. October 9, 2007 BCC PUBLIC HEARING ON BZA #VA-07-08-019, 8/2/07 APPLICANT/APPELLANT: Lori Ann Nieves

2. BACKGROUND APPLICANT: Lori Ann Nieves REQUEST: Variance to allow existing shed to remain 5 feet from side street (Cardamon Dr.) property line in lieu of 15 feet ZONING: R-1A TRACT SIZE: 85 ft. x 110 ft. LOCATION: Northwest corner Sorrel Drive and Cardamon Drive (Peppertree Subdivision) DISTRICT: #3

3. ZONING MAP

4. AERIAL

5. SITE PLAN Shed

6. SITE PHOTOGRAPH: Street side view of shed Shed

7. SITE PHOTOGRAPH: View of shed from sidewalk Shed

8. SITE PHOTOGRAPH: Close-up view of shed within side yard

9. STAFF ANALYSIS Shed built without permit. Code Enforcement citation issued based on complaint. Location not aligned with other structures along Cardamon Road due to location violating setback requirement. Shed is wood frame construction, 75 square feet in size. Could be relocated to northwest corner of rear yard without the need of a Variance.

10. BZA FINDINGS Nine (9) commentaries received in favor and five (5) in opposition. No opposition present at BZA hearing. Shed located on pavers, not on foundation. Applicant not willing to relocate shed to rear yard as it would be aesthetically-displeasing next to swimming pool. BZA concluded this is a self-imposed hardship. Further, the shed’s proximity to the property line was out of character with other structures located along Cardamon Road.

11. BZA RECOMMENDATION Denied the Variance request in that there was no unnecessary hardship shown on the land; and further it did not meet the requirements governing Variances as spelled out in Orange County Code, Section 30-43 (unanimous).

12. BCC ACTION REQUESTED ACTION REQUESTED: Uphold the Board of Zoning Adjustment recommendation to deny the Variance.

13. October 9, 2007 BCC PUBLIC HEARING ON BZA #VA-07-08-019, 8/2/07 APPLICANT/APPELLANT: Lori Ann Nieves