Orange County — Board of Zoning Adjustment

VA-22-09-083 — Ednert Thomas

Request: Variances in the R-1 zoning district for the construction of a single-family residence as follows: 1) To allow a lot width of 25 ft. in lieu of 50 ft. 2) To allow a lot area of 2,745 sq. ft. in lieu of 5,000 sq. ft. 3) To allow a north side setback of 3 ft. in lieu of 6 ft. 4) To allow a south side setback of 3 ft. in lieu of 6 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval of Variances #1 and #2, and denial of Variances #3 and #4. Staff noted that two (2) comments were received in favor of the application, and six (6) in opposition to the application. The applicant confirmed the withdrawal of Variances #3 and #4 due to revising the design of the house to meet the Department of Health code for the septic design. Additionally, he mentioned the opposition of the request by the abutting properties was due to the continued use of the subject property. There were two (2) in attendance to speak in opposition of the request and discussed concerns of water contamination, fire hazard due to close proximity of the abutting properties, and obstruction of view. There was no one in attendance to speak in favor to the request. The BZA discussed Variances #1 and #2, the applicant¿s withdrawal of Variances #3 and #4, and regulatory state requirements, determining cannot prohibit the use of the property relative to Variances #1 and #2 but can regulate the use. The BZA recommended approval of Variances #1 and #2 by a 6-1 vote, subject to the three (3) conditions in the staff report, and an amended Condition #1, which states ¿Development shall be in accordance with the survey received August 15, 2022, 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).¿