Orange County — Board of Zoning Adjustment

VA-04-02-113 — David S. Dowell

Request: Variances in R-1A (single family-7,500 sq. ft. lots) zone to construct detached garage as follows: 1) 22 ft. from normal high water elevation of Lake Hiawassee in lieu of 30 ft.; 2) 875 sq. ft. in size in lieu of 500 sq. ft.

Decision: Approved

Hearing: In addition to their two cars, the applicant stated he and his wife have a jeep, boat, and two motorcycles they want to store under cover so they won't be exposed to public view. There is insufficient room in their existing garage, which is a part of their house for these extra items. Staff did not support the Variance to build the garage closer to the normal high. The applicant agreed to move the garage inland and meet that setback requirement. Eight commentaries were received in opposition and four in favor. One neighboring property owner addressed the BZA in opposition at the hearing. The gist of the opposition was a concern the applicant would operate a business out of the building, and that having a garage to house more than three vehicles on-site would violate their subdivision deed restrictions. It was brought to the BZA's attention that a previous Variance for a detached garage larger than the Dowell's had been approved by the BZA and BCC in 1995. The BZA pointed out to the opposition that the BZA cannot enforce deed restrictions, and that decisions on Variance requests must be based on the criteria established by Code. Through the findings of the public hearing, the BZA felt the applicant's request was appropriate, given the previous Variance approval, and found that the applicant's intended use was credible. Staff offered the BZA a list of conditions to ensure the legal use of the building and compatibility with the neighborhood. The BZA district representative cautioned the applicant that notwithstanding the BZA Variance approval, he may have a separate legal issue with the homeowner's association with respect to the private deed restrictions.