Orange County — Board of Zoning Adjustment

VA-01-04-026 — Tammy Ragland James

Request: Variance in P-D zone to allow existing addition to remain 3 ft. from side (north) property line in lieu of 5 ft.

Decision: Approved

Hearing: The request was continued from last month's meeting for the applicant and the homeowners association (The Atrium Civic Improvement Association) to resolve some issues concerning the subject property. The subject of the Variance request is a room addition built without a permit in violation of the sideyard setback on the north side property line. The association recently sent a letter to the Zoning Division and the applicant stating they would not oppose the Variance based on three conditions. The applicant fullfilled two of the conditions, which dealt with furnishing a letter of no objection from the immediate neighbor to the north, and replacing a deteriorated gate to a fence near the front of the house. As to the third condition, the association wanted the applicant to remove a short courtyard wall enclosure at the corner of the house, which was built without a permit. The applicant wanted to keep the wall enclosure. Staff advised the enclosure was permitted by right and does not require BZA approval. The applicant advised the BZA she obtained a permit for the wall enclosure and submitted a photo showing it had been painted to match the color of the house. The applicant submitted a petition with approximately 12 other residents with no objection. The BZA felt the applicant's request met the standards for the granting of variance and approved the room addition encroachment with the condition that a permit be obtained within sixty (60) days.