Orange County — Board of Zoning Adjustment

VA-03-12-136 — William E. Murphy

Request: Variance in R-2 (residential-1-4 unit structures) zone to build two single family residences on each of three (3) lots with substandard lot width (proposed lot width is 60 ft.; the minimum requirement is 90 ft.) (NOTE: A total of six (6) dwelling units are proposed. Each lot will have two (2) dwelling units).

Decision: Approved

Hearing: The applicant wanted a Variance to build tandem housing on three substandard sized lots. The result would have netted him 6 single family residences on three small lots. Zoning Code would have netted him 3 or possibly 4 with a minor property split, without the need of a Variance. Staff recommended denial of the request as it does not meet the Variance criteria, is inconsistent with the CPP, and the layout presents a crowded situation with a lack of sufficient yard space on the property. Staff did offer the BZA several options under a proposed compromise if an approval was considered (note: see staff memorandum attached). In response to the recommendation for denial, the applicant stated he felt the Variance was appropriate due to the number of duplexes (attached units) in the area. The applicant stated the existing house on-site was in bad shape and needed to be removed. He said he really needed all six units for financial purposes and preferred detached versus attached units. Five commentaries were received with no objection to the request, and one was received in opposition. One letter of no objection was from the adjacent Kingswood Manor Homeowner's Association, which requested the development be restricted to single story units. The BZA felt a compromise on the number of units would be fair, but that the individual lots could not withstand more than one detached unit due to the small size of the lots. Therefore, BZA granted a maximum of five units,