Orange County — Board of Zoning Adjustment

VA-18-07-072 — MICHAEL PROVINI

Request: Variance in the R-1A zoning district to permit a cumulative total of 1,350 sq. ft. of accessory floor area in lieu of 567 sq. ft. (25% of living area).

Decision: Approved

Hearing: Staff noted that the subject property was over four (4) times the size of the standard R-1A zoned lot. Due to the distance the structure in question was from the road, it appeared in scale with the property. Additionally, the applicant had already dismantled one shed, and will dismantle a second to reduce the amount of variance needed. The shed has been in existence for at least eight (8) years. The cause of the code enforcement action was due to a complaint that the applicant was operating a business from the property, which the Code Enforcement Officer found not to be valid. The applicant waived their right to speak, agreeing with the staff recommendation. There being no one to speak for or against the application, the public hearing was closed. The BZA discussed the case and determined that there should be an additional condition prohibiting the structure from being used for non-residential purposes. Staff prepared a new condition limiting the use of the structure to residential storage only. The BZA adopted a motion as amended to recommend approval of the staff recommendation by a vote of 5-1.