Orange County — Board of Zoning Adjustment

VA-17-01-186 — SAM STATON

Request: Variances in the R-1AA zoning district as follows: 1) To construct a two-story addition to single family residence 5 ft. from the side (east) property line in lieu of 7.5 ft.; 2) Variance to validate existing garage located 27 ft. from the front (south) property line in lieu of 30 ft.; and, 3) Variance to validate an existing 5 ft. tall fence located within lake setback. (Note: There is an existing screen room located 4 ft. from the side (east) property line. It will be removed and replaced by the proposed permanent addition. The property owner to the east has submitted a letter of support for the addition.)

Decision: Approved

Hearing: Staff noted that the property was in a state of rehabilitation. The applicant wished to construct a two-story addition to the rear of the structure. There is currently a one-story screen room, for which there are no permits, which is approximately four (4) ft. from the side (east) property line. This will be removed and replaced with the addition, which is to be five (5) ft. from the same property line. That neighbor has submitted a letter of support. Staff noted that due to angle of the lot line, a two-story addition may stand out, potentially posing a precedent for others to request the same. Staff also note that there were code violations pending on the property. The applicant noted that one of the variances was not needed. The survey verified that the fencing in the rear setback by the lake was in fact four ft. high not five ft. The most impacted neighbor was in support. There being no one in attendance to speak for or against the request, the public hearing was closed. The BZA noted the shape of the lot being very irregular, and the location of the house made meeting the setback requirement very difficult without having an impractical and inefficiently designed addition. A motion was made and seconded to recommend approval of variances #1 and #2, finding Variance #3 no longer needed.