Orange County — Board of Zoning Adjustment

VA-26-04-016 — William and Cynthia Andrews

Request: Variance in the R-1AA zoning district to allow an existing shed with a side setback of 3.4 ft. in lieu of 5 ft. NOTE: This is the result of a code violation.

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 criteria and the reasons for a recommendation for approval of the Variance. Staff noted that no comments were received in favor and none in opposition to the request. The BZA asked Staff about the Code Compliance on the site in relation to the shed. The applicant was present and discussed the need for the shed and the applicant expressed agreeance with the Conditions made by County Staff in relation to the shed and its encroachment into the drainage easement. There was no one in attendance to speak in favor or in opposition to the request. Eric Warren with Orange County Development Engineering was present and discussed the imposed Conditions of Approval in relation to the pipe that was within the easement. The BZA discussed that the shed was not encroaching into the pipe itself but into the dedicated easement for access to the pipe. The BZA recommended approval of the Variance request by a 7-0 vote, with none absent, subject to the 7 conditions found in the staff report, with a modified condition of approval #4 that now reads: Prior to the issuance of a permit for the wood shed, an updated drainage easement, in a form acceptable to the County, shall be dedicated to the County and recorded in public records.

Conditions: 1) Development shall be in accordance with the survey and elevations dated January 6, 2026, 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).