Orange County — Board of Zoning Adjustment

VA-02-12-157 — Joseph McLeod

Request: Variance in R-T-1 ) zone to allow existing accessory structure to remain at 16.5 ft. in height in lieu of 15 ft.

Decision: Approved

Hearing: The applicant constructed an accessory structure to cover his deep sea fishing boat. The structure is 16.5 feet in height. The code limits accessory structures to 15 feet in height. The applicant's site plan showed a 14 foot high structure but the applicant constructed a 16.5 foot structure instead. Staff showed the BZA photographs of the structure. Zoning informed the BZA the structure was not compatible with residential communities and resembled an industrial-type structure. In summary, the structure was unsightly and could devalue nearby homes. The most impacted neighbor spoke in opposition. She stated the structure affected her property values and should be located in an airport to service aircraft. Additional neighbors spoke in opposition as well. They felt the structure did not belong in a residential area and should be located in an industrial park. The neighbors wanted the applicant to remove the structure and construct a more conventional building to store the boat. However, the applicant wants to reduce the height of the structure to 15 feet and leave the structure as is. The BZA felt the structure did not meet the intent of an accessory use regulations. They felt the structure should be replaced with a conventional storage structure with a pitched roof, walls and doors. They approved the variance with the intent of allowing the applicant to construct a conventional structure up to 16.5 feet in height but to require the removal of the existing structure since they felt it was not in harmony with the intent of the zoning regulations. The applicant submitted a petition containing 97 signatures in favor of leaving the structure as is. However, no one spoke in favor of the request at the hearing.