Orange County — Board of Zoning Adjustment

VA-00-03-008 — Michael J. Diglio

Request: Variance in I-2 zone to erect an office warehouse (13,500 sq. ft.) 29.5 ft. from the side (West) property line abutting residential zoning in lieu of 60 ft.

Decision: Approved

Hearing: Staff explained this is an area that is mostly industrial, but that there are some residential uses and zoning nearby. The performance standards of the industrial zones contain stringent bufferyard and setback requirements to protect residential uses from neighboring industrial businesses. The subject variance involves only the west property boundary, where the abutting property is zoned R-1A. Staff noted, however, the parcel to the west contains an abandoned, deteriorated residence; further, the abutting R-1A parcel is designated for industrial land use, according to the Comprehensive Policy Plan. The applicant indicated he had purchased the abutting residential lot to the west and would be tearing the deteriorated house down. Staff indicated that under these circumstances, there was no practical objection to the variance request. It was pointed out, however, that there was no confirmation on record as to the applicant's ownership of the adjacent parcel. Further, it was noted that the project had gone through commercial site plan review; the findings of County staff reveal that numerous changes need to be made for compliance with other County code requirements, which may drastically alter the site plan submitted for the variance request. Two residential property owners residing to the south along Eunice Avenue addressed the BZA with concerns about the proposed development of the site. However, their concerns dealt mostly with the drainage, landscape buffers, noise, and other issues that fall under other regulatory authority. The BZA assured the neighbors that such concerns would be addressed through the applicant's revised plans under commercial permitting and/or other enforcement agencies. The applicant understood that more work is required with respect to the commercial permitting process. In response to the BZA's suggestion to rezone the adjacent residential parcel to industrial in lieu of requesting a variance, the applicant stated that tim*