Orange County — Board of Zoning Adjustment

SE-21-07-063 — Whispering Oaks (Brianne Heffner)

Request: Board-Called on 8/24/21 Special Exception and Variance in the R-3 zoning district as follows: 1) Special Exception to allow a 3-story multi-family development to be located 30 ft. from the east property line in lieu of 100 ft. from the property line of a single-family dwelling district and use. 2) Variance to allow a maximum building height of 43 ft. in lieu of 35 ft.

Decision: Approved

Hearing: SYNOPSIS: 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 for each the Variance and Special Exception, and the reasons for a recommendation for approval of the Variance and Special Exception. Staff noted that no comments were received in support and one comment was received in opposition. The applicant and the engineer discussed the project, including the elevations, internal layout and the need for the variance and special exception. There were 4 persons in attendance to speak in opposition to the request and none to speak in favor of the request. The members of the public expressed concerns regarding traffic, height of the buildings, and water runoff. The BZA discussed the proposed site improvements, the permitted use of the site, the need for the variance, special exception, and the concerns that were discussed by members of the public. The BZA recommended approval of the variance and special exception by a 4-3 vote, subject to the four (4) conditions in the staff report.