Orange County — Board of Zoning Adjustment

VA-18-03-011 — LOUIS RHODES

Request: Variances in the P-D zoning district as follows: 1) To permit a cumulative total of 1,296 sq. ft. of accessory floor area in lieu of 500 sq. ft. 2) To permit an existing accessory structure 22 ft. in height in lieu of 20 ft. Note: The subject property is more than twice the minimum size of a lot in this P-D, and backs up to N. Dean Rd. The applicant has submitted letters of support from 16 residents residing in nine (9) neighboring residences. This is the result of code enforcement action.

Decision: Approved

Hearing: The property is over twice the size of the minimum lot size for the Arbor Ridge P-D. Staff was only able to find records for a permit for a 20x24 ft. garage, not a 24x24 ft. garage. Due to the age of the permit, the records did not indicate whether the permit had ever been closed. No County records for the pole bard addition to the garage or the shed could be located. Staff noted that due to the size of the variance and the lack of satisfying any other criteria, the application could not be supported. The applicant explained how they had applied originally for a 20x24 ft. garage, but at the recommendation of a County inspector, they poured a footer for a 24x24 ft. garage. They returned to the Building Division where they added the pole barn and shed, which were approved. All of the applicant's records were destroyed by a broken water main and sever pipe which were damaged during the widening of Dean Rd. which flooded their home and those of their neighbors. Staff had received 16 signatures from 9 residences, and 0 in opposition. 6 neighbors spoke in support, noting that the applicant always follows the rules, so they must have obtained permits. They explained that the applicant uses equipment stored under the pole barn to help neighbors, and to help clean up after storms. No one spoke in opposition. A representative of Code Enf explained that the original complaint, which included a report of multiple families living in the accessory structures, was unfounded. It was noted that the applicant had been very cooperative. The BZA found that the applicant met the special conditions in that due to the flood, all records of the construction had been destroyed. The need for the variance was not self-created, in that it appeared that County had issued permits for the work. The denial of the request would deny the neighborhood an important resource, resulting in a hardship. Due to the quantity of equipment the applicant stores, which is used to help the resident