Orange County — Board of Zoning Adjustment

VA-00-03-004 — D. R. Horton, Inc.

Request: Variance in P-D zone to allow single family residence (currently under construction) to remain 14.6 ft. from front property line in lieu of 20 ft. (Note: footprint of the single family residence was flipped without any amendment to original permit.)

Decision: Approved

Hearing: The applicant stated an error was made by the construction company during the initial construction phase. The footprint of the house was "flipped" to change the garage/driveway from the left to the right side of the property due to interference of the driveway with the stormwater drainage facility. The builder neglected to take into consideration an indented curve in the front of the property which caused a necessary increase in the building setback. The error was not caught until after the foundation and framing was finished. The builder stated this was an honest error, and showed photographs of the house under construction with the corner of the garage encroaching into the setback. The photos showed the encroachment would not create a significant visual impact on the other homes existing or under construction along the street. The BZA accepted the applicant's testimony and felt the amount of variance requested was negligible. There was no opposition present on this request.