Orange County — Board of Zoning Adjustment

VA-26-03-005 — Donn Sharpe

Request: Variances in the PD zoning district as follows: 1) To allow a pool to be located in the side street yard in lieu of the side or rear yard. 2) To allow a pool and deck with a side street setback of 10.5 ft. in lieu of 15 ft. 3) To allow mechanical equipment (pool equipment) to be located in the side street yard in lieu of the side or rear yard.

Decision: Approved

Hearing: Staff presented the proposal, outlined the property's location, site plan, and site photos, reviewed the six criteria and explained the reasons for recommending denial of the Variances. Staff noted that no public comments were received in support and two in opposition to the request. The BZA asked Staff about the 2024 code change and its implications to the location of the pool and pool equipment. The applicant, who was present, explained that the proposal would be in harmony with surrounding development and would not be intrusive. The applicant also presented a letter of medical need from the property owners in regard to size and installation of the pool on the property. The BZA asked the applicant about HOA approval and the applicant explained that the property owners were awaiting the outcome of the variance request prior to gaining that approval. There was no one in attendance to speak in opposition or in favor to the request. The BZA discussed the minimal visibility of the pool and pool equipment due to the fencing encapsulated by privacy hedge and the difficulty to determine side street yard and rear yard as outlined in County code. They also discussed difficulty with placing the pool equipment in a code compliant location due to the existing driveway and location of the home. The BZA recommended approval of the Variance requests by a 6-0 vote, with one absent, subject to the three conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped October 30, 2025, 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).