Orlando council upholds approval for two‑car garage with ADU after neighbor’s appeal

The Orlando City Council on Jan. 13 adopted a hearing officer’s recommended order denying a neighbor’s appeal and affirming the Historic Preservation Board’s approval to build a two‑car garage with a second‑floor accessory dwelling unit (ADU) at 108 Kennison Drive.

Tim McClendon, assistant manager of city planning, told the council the Historic Preservation Board originally deferred the application in August and asked staff and the applicant to explore one‑story alternatives. Staff and the applicant concluded a single‑story design would not meet code limits for lot coverage and the proposed two‑story design complied with applicable standards; the HPB later unanimously recommended approval with conditions. A hearing officer who conducted a quasi‑judicial de novo hearing in December concluded the petitioner failed to produce competent, substantial evidence to overturn the HPB decision and recommended denying the appeal.

Kimberly Rogers, the adjoining neighbor and petitioner, urged council not to adopt the hearing officer’s order. Rogers said the staff report and the recommended order contained factual errors and that a correct analysis of the historic-district pattern supports only a single‑story accessory structure. "This recommended order is full of errors and I'm asking you to please take the time to fact check it and correct it before this is adopted," Rogers said during her allotted time.

The homeowners and applicants, Jennifer Veilar and her husband, addressed council together and said they had worked for nearly three years with an architect to design a garage and ADU that "mimic the original architecture of the existing homes closely as possible." Jennifer Veilar said the owners will not use the ADU as a short‑term rental and do not plan to park additional vehicles on the street.

Commissioner Sheehan moved to adopt the hearing officer’s recommended order; the motion passed after the council’s recorded voice vote. The adopted order affirms the HPB approval and allows the applicant to proceed subject to the HPB and building‑code conditions listed in the staff recommendation and the hearing officer’s findings.

Why it matters: The case highlights tension in historic districts between property owners’ desires to add living space and neighbors’ interest in preserving historic pattern and setbacks. The council’s action leaves the two‑story garage/ADU approved, while reaffirming the formal quasi‑judicial findings that were entered on the record.