Orange County — Board of Zoning Adjustment

VA-25-09-039 — Beresford Gittens

Request: December 16, 2025 BCC Outcome: Approval w/Conditions Variances in the R-L-D zoning district for a detached accessory structure (shed) as follows: 1) To allow a 1 ft. north side setback in lieu of 5ft. 2) To allow a 1 ft. rear setback in lieu of 5ft. NOTE: This is a result of Code Enforcement.

Decision: Approved

Hearing: 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 denial of the Variance. Staff noted that no comments were received in favor or in opposition to the request. The property owner was present and discussed the installation of the shed and pavers. The property owner provided four letters stating approval from neighboring property owners. There was no one in attendance to speak in favor or in opposition to the request. The BZA and applicant discussed at length the chosen placement of the shed, the water runoff, the lack of obtaining permits, and impacts to adjacent property owners. A representative from Development Engineering spoke to the additional conditions related to stormwater runoff and the installation of gutters. Code Enforcement was also present and discussed the cited violations and noted that the case has not yet been heard by the Special Magistrate. The BZA voiced concerns with adverse impacts to adjacent property owners, and recommended denial of the Variance requests by a 5-1 vote with one (1) absent.

Conditions: 1) Development shall be in accordance with the site plan date stamped September 17, 2025, 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). 1) Development shall be in accordance with the site plan date stamped September 17, 2025, 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).