Orange County — Board of Zoning Adjustment

VA-20-02-159 — Daniel Palladino

Request: Variances in the R-CE zoning district as follows: 1)To allow a new pool/pool deck/cabana 21 ft. from the Normal High Water Elevation (NHWE) in lieu of 50 ft. 2) To allow an existing residence 28 ft. from the front property line in lieu of 35 ft. 3) To allow an existing residence 7 ft. from the side (west) setback of in lieu of 10 ft. 4) To allow the existing residence to remain 41 ft. from the NHWE in lieu of 50 ft.

Decision: Approved

Hearing: Staff explained the history of the property, including the fact that the County had administratively rezoned the subject property as well as the remainder of the lots in the subdivision to R-CE from R-1 or R-1A. This rendered all lots nonconforming and increased setbacks, making many of the homes nonconforming. Staff explained that if a lot has a depth less than 150 ft. above the NHWE, the setback to the NHWE line reverts from 50 ft. to the rear setback for the zoning district in which it is located. Had the property not been rezoned, then the rear setback would have been 25 or 30 ft., rather than the 50 ft. required for R-CE and the amount of variance for the rear setback would have been greatly reduced. Additionally, there would have been no need for a variance for the front setback at all, and the side setback would be compliant or need a minimal variance. Staff noted that the applicant had provided letters of support from three (3) of their neighbors, and that staff had received one (1) correspondence in support. There was no correspondence in opposition. The applicant indicated their agreement with the staff recommendation and conditions. There being no one present to speak in support or opposition, the public hearing was closed. The BZA unanimously recommended approval of Variances #1 through #4, subject to the four (4) conditions contained in the staff report.