Orange County — Board of Zoning Adjustment

VA-20-12-119 — Shelby Walker

Request: Variance in the R-1AA zoning district to allow a covered porch with a north rear setback of 32 ft. in lieu of 35 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff described the property, including the site size, site conditions and street orientation, and the history of the subject property, which was developed with a home until 2013. Staff noted that the applicant provided two (2) letters of support from the homeowners to the east and north, and from the HOA. Staff provided an analysis of the six (6) criteria, and the reasons for a denial recommendation because new construction allows the opportunity to meet current code setback requirements. The applicant indicated that she initially assumed that the house plans met Zoning Code setback requirements, but there are more restrictive setbacks based upon the time the subdivision was platted, prior to 1997. She asserted that there are other houses in the neighborhood with similar setbacks, the request is minimal and is only proposed for a porch, and not living area, and that if she was allowed to meet the newer required setback requirements, a variance would not be needed. The BZA clarified with staff the difference between the different setback requirements based upon the time the plat was recorded. No one was in attendance to speak in support or opposition to the request. The BZA unanimously recommended approval of the variance by a 6-0 vote, subject to the four (4) conditions in the staff report.