Orange County — Board of Zoning Adjustment

VA-26-04-013 — Nelson Fairfoot

Request: Variance in the R-1 zoning district to allow an existing shed with a north side setback of 3.88 ft. in lieu of 5 ft. NOTE: This is a result of a code violation.

Decision: Approved

Hearing: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six criteria and the reasons for a recommendation for denial of the Variance request. Staff noted that no comments were received in favor or in opposition to the request. The BZA asked Staff about COA #6 and its relation to the existing shed. Staff elaborated that the comment was in regard to stormwater runoff and curbing requirements from Development Engineering was standard for improvements within 5 ft. of the property line. The applicant was present and discussed the existence of the shed prior to his ownership. The BZA asked the applicant about building plans, construction material of the shed, and code compliance on the property. There was no one in attendance to speak in favor of the request. There was no one in attendance to speak in opposition of the request. The BZA discussed the request and determined the applicant would be denied the right to keep the shed that was on the property prior to the applicant's ownership of the property. The BZA recommended approval of the Variance request by a 6-0 vote, with 1 absent, subject to the 6 conditions of approval in the staff report.

Conditions: 1) Development shall be in accordance with the survey dated November 27, 2015, as modified to reflect Condition of Approval #6, and elevations dated December 12, 2023, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).