Orange County — Board of Zoning Adjustment

VA-16-04-024 — STEFFAN NIEMAN

Request: Variance in the R-1 zoning district to construct an addition (attached carport) 2 ft. from the side (south) property line in lieu of 5 ft.

Decision: Denied

Hearing: The applicant is proposing a carport addition onto the side of the property. The required side setback is five (5) feet. However, the applicant proposes to encroach into the side setback leaving a new side setback of only two (2) feet. The applicant informed the BZA this was an addition and not a detached carport. He stated the owner is an antique car collector and already has a three (3) car garage. He wants more area for his personal cars plus his hobby cars. Staff advised the BZA that the current code is already permitting a minimal side yard setback of five (5) feet since there is plenty of area in the rear of the lot, staff's position is the request is a matter of convenience as opposed to a valid hardship on the land. The BZA agreed and stated that the property to the south is on the real estate market to be sold. If a new buyer buys the property he/she would expect the side yard setback of five (5) feet. The BZA denied the request.