Orange County — Board of Zoning Adjustment

VA-16-06-064 — LUCILLE VERHOEST

Request: Variances in the R-2 zoning district as follows: 1) To allow an existing accessory structure to remain in the front of the principal structure in lieu of along side or rear yards; 2) To allow existing accessory structures with 578 sq. ft. of floor area in lieu of 500 sq. ft.; 3) To validate an existing single family residence constructed 10 ft. from the rear (north) property line in lieu of 25 ft.; 4) To validate an existing 7 ft. x 4 ft. accessory structure located 2 ft. from the rear (north) and side (east) property lines in lieu of 5 ft.; and, 5) To allow RV to be parked in front yard in lieu of side or rear yards. (Note: The residence which was constructed in 1940, is located 10 ft. from the rear property line. The applicant hired a contractor to construct the new 22 ft. x 25 ft. accessory structure with the understanding a permit would be obtained. No permit was obtained. The applicant was cited by code enforcement.)

Decision: Approved

Hearing: Staff noted that the home was constructed in 1940, and is located only ten (10) feet from the rear property line. As is, there is nowhere on the property to place any improvements other than in front of the principal structure. The applicant's pool for which she obtained a variance is in front of the home. The applicant presented the BZA with a copy of a permit she obtained in 2002, at the same time she permitted the pool, to park her RV in the front yard. However, a code officer had informed her that the permit was not valid as she never obtained a variance to park it there. The BZA concluded that there was no alternative due to the location of the home on the lot. As such, it was determined that the situation was not a result of the applicant's action. A motion to recommend approval was unanimously approved.