Orange County — Board of Zoning Adjustment

VA-18-08-097 — TIMOTHY PEPKE

Request: Variances in the R-CE zoning District as follows: 1) Variance to allow a cumulative total of 2,455 sq. ft. of accessory floor area in lieu of 2,000 sq. ft. 2) Variance to allow an accessory structure to be located in front of the Principal Structure. 3) Variance to allow an accessory structure with a height of 22 ft. in lieu of 20 ft.

Decision: Approved

Hearing: Staff explained that due to the presence of stream which flows through the rear of the property, the entire rear yard and the side yard containing the tack room and corral flooded after Hurricane Irma. The applicant had no control over this, making the variance non-self-imposed. The proposed location is still over 140 ft. from the front property line. In addition, while it is not known if every one is permitted, there are numerous large sheds, stables and other accessory structure of similar size and location. One of these did obtain a variance and permits. Staff noted that it had received two commentaries in support, and none in opposition. The applicant presented the BZA with 12 letters of support from every abutting property owner and the owners from across the street. The applicant indicated his agreement with the staff recommendation, however, he had been told that he would have to make the shed look like the house. While it will have the same color as all of the other accessory structures, but will not match the house. Staff advised the applicant that due to the rural nature of the area, that condition was not attached. There being no one in attendance to speak for or against the request, the public hearing was closed. The BZA concluded that due to the stream, the locations where the shed could go which would satisfy the location criteria were prone to flooding. Further, the variance was not self-imposed, as the applicant can not control the flooding. Also, due to the rural nature of the area, and the size of the property, the Variance criteria have been satisfied. A motion to recommend approval was passed unanimously.