Orange County — Board of Zoning Adjustment

VA-25-07-027 — Steven McAuliffe

Request: Variance in the R-1A zoning district to allow a rear setback of 16.25 ft. in lieu of 30 ft.

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 one comment was received in favor and no comments were received in opposition to the request. The applicant was present and noted that the porch was designed with the understanding that the rear setback was only 5 ft. but was informed at permitting the rear setback requirement is 30 ft. The applicant described that the existing concrete paver deck was designed with footers to accommodate the porch and would aesthetically match the existing residence. The BZA discussed the different setback requirements for the pool and deck, a screen enclosure, and detached accessory structures and stated the structure could be located closer to the property lines if it was freestanding. The BZA also stated that the structure would match the house and be more visually appealing than redesigning the structure to comply with setbacks. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of the Variance as requested by a 5-0 vote, subject to the three (3) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan and elevations date stamped June 18, 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).