BCC PUBLIC HEARING ONBCC PUBLIC HEARING ONBZA #VA- 14-03-008, MARCH 6, 2014BZA #VA- 14-03-008, MARCH 6, 2014

APPLICANT/APPELLANT: CHERYL SINKOWITZAPPLICANT/APPELLANT: CHERYL SINKOWITZ

Orange County Zoning DivisionOrange County Zoning Division

May 13, 2014 (Continued from May 6, 2014)May 13, 2014 (Continued from May 6, 2014)

CASE #:CASE #: VA-14-03-008VA-14-03-008

APPLICANT:APPLICANT: Cheryl SinkowitzCheryl Sinkowitz

REQUEST:REQUEST: Variance in P-D zone to construct pool, pool deck and pool screen 0 Variance in P-D zone to construct pool, pool deck and pool screen 0 ft. from rear property line in lieu of 5 ft.ft. from rear property line in lieu of 5 ft.

ZONING:ZONING: P-D (Eastwood) P-D (Eastwood)

TRACT SIZE:TRACT SIZE: 75 ft. x 100 ft. 75 ft. x 100 ft.

LOCATION:LOCATION: East side of Tuten Way, west of Downpatrick Blvd., west of Lone East side of Tuten Way, west of Downpatrick Blvd., west of Lone Palm Rd.Palm Rd.

DISTRICT:DISTRICT: #4#4

BackgroundBackground

Zoning MapZoning Map

AerialAerial

AerialAerial

Site PlanSite Plan

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

Site PhotographSite Photograph

Site PhotographSite Photograph

Site PhotographSite Photograph

Staff AnalysisStaff 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 FindingsBZA Findings

The BZA, as a matter of policy, does not The BZA, as a matter of policy, does not support zero ft. setbacks.support zero ft. setbacks.

Approval of the request may establish an Approval of the request may establish an undesirable precedent in this subdivisionundesirable precedent in this subdivision

In 1993 staff advised developer of concerns In 1993 staff advised developer of concerns prior to platting prior to platting

Community Feedback At BZACommunity Feedback At BZA

Adjacent neighbors submitted letters in Adjacent neighbors submitted letters in supportsupport

Eastwood Community Association submitted Eastwood Community Association submitted letter in supportletter in support

2 commentaries in favor and none in 2 commentaries in favor and none in opposition were submitted to BZAopposition were submitted to BZA

BZA RecommendationBZA 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 RequestedBCC Action Requested

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

BCC PUBLIC HEARING ONBCC PUBLIC HEARING ONBZA #VA- 14-03-008, MARCH 6, 2014BZA #VA- 14-03-008, MARCH 6, 2014

APPLICANT/APPELLANT: CHERYL SINKOWITZAPPLICANT/APPELLANT: CHERYL SINKOWITZ

Orange County Zoning DivisionOrange County Zoning Division

May 13, 2014 (Continued from May 6, 2014)May 13, 2014 (Continued from May 6, 2014)

Variance Criteria, Sect. 30-43Variance Criteria, Sect. 30-43