Orange County — Board of Zoning Adjustment

VA-00-02-006 — Jeffrey Bonynge

Request: Variances in R-1AA zone as follows: 1. erect carport 10.2 ft. from the front property line in lieu of 30 ft.; 2. erect addition (living room) 25.2 ft. from the front property line in lieu of 30 ft.; 3. erect a 6 ft. wall within front yard setback in lieu of 4 ft. in height.

Decision: Approved

Hearing: The property is located in Merritt Park subdivision. This is an older, established subdivision, where homes have been built on narrow lots located on narrow streets. Staff pointed out it is difficult to recommend approval of variances into the yard setbacks in such situations as they encroach on neighbors' air space rights and are incompatible with the symmetry of the neighborhood. Variance requests #2 and #3 were considered minimal encroachments. The living room addition (variance #2) was less than a five foot encroachment and would line up with the existing building line. Variance #3 is a small wall wrapping around the corner of the deck along the front of the house tying in to the vertical building line of the house. Variance #1 was considered excessive. The proposed carport would encroach more than half-way into the front yard setback area. Staff recommended denial of this variance due to the air space impact and symmetry inconsistency. Five commentaries were received in opposition to this request from neighboring property owners. One was received in favor. The neighbor to the east abutting the proposed carport was at the public hearing and addressed the BZA in opposition to the request.