1. June 5, 2007 BCC Public Hearing on BZA # VA-07-04-008, 4/5/07 Applicant/Appellant: Hazael Munoz

2. Case:VA-07-04-008 Applicant:Hazael Munoz Request:Variance for carport 3.5 ft. from side (east) property line in lieu of 7.5 ft. Zoning:R-1A Tract Size:75’ x 110’ Location:North side Lakner Way, 380 ft. west of Barksdale Drive, North of Curry Ford Road District:#3 Case:VA-07-04-008 Applicant:Hazael Munoz Request:Variance for carport 3.5 ft. from side (east) property line in lieu of 7.5 ft. Zoning:R-1A Tract Size:75’ x 110’ Location:North side Lakner Way, 380 ft. west of Barksdale Drive, North of Curry Ford Road District:#3 Background

3. Zoning Map

4. Location Map Subject Site

5. Pictures

6. Site Plan

7. Front Elevation Plan

8. Side Elevation Diagram

9. Project Data Proposal is to construct concrete block carport for single car parking. Carport location on east side of house atop concrete slab extension leading from driveway. Diagrams show subject as a “proposed terrace” with ceiling lights. Exterior diagram shows vertical construction consisting of columns and kneewalls across all three sides of proposed carport.

10. Floor Plan

11. Staff Analysis 1) The minimum width requirement for a car parking space is 9 feet. 2)With the proposed columns and kneewalls, the interior space within the carport falls two feet short of the minimum 9-foot width requirement. This results in car doors hitting the side of the house on one side and kneewall on the opposite side, when opened. 3)Applicant had a garage, but converted it into a den as a part of the house living area.

12. BZA Findings 1)BZA determined the request was a self-imposed hardship in that the applicant had converted his pre- existing garage into living area (den). 2)A carport structure located as such would be too close to the side property line. Guttering would extend over the property line. 3)BZA concerned this Variance approval would set a precedent for similar violations and subsequent Variance requests. 4)No opposition present at the public hearing.

13. 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).

14. BCC Action Requested ACTION REQUESTED: Uphold the BZA recommendation and deny the Variance request.

15. Conditions of Variance Approval Approval is for a carport addition that shall be open on all three sides. Columns or posts shall only be used for roof support. Carport roof material may be vinyl, aluminum, or corrugated metal. Color shall be consistent with existing roof color. No roof overhang. Guttering shall be installed along the east side of the roof with downspout directed to the driveway.

16. June 5, 2007 BCC Public Hearing on BZA # VA-07-04-008, 4/5/07 Applicant/Appellant: Hazael Munoz