Orange County — Board of Zoning Adjustment

VA-00-04-006 — Louis D. Proietto

Request: Variance in P-D zone to allow existing addition to remain 6.8 ft. from rear (west) property line in lieu of 15 ft. (Note: Addition constructed in violation.)

Decision: Denied

Hearing: The property is located in the Waterview Townhomes subdivision, a new single family residential project within Orangewood. The applicant built the addtition, a permanent room to the house, without benefit of building permits. A complaint was filed, and the applicant was cited by the Building Division. The applicant was further advised that the addition did not meet the zoning setback, so he applied to the BZA for a variance. Prior to the public hearing, a letter was received from the homeowner's association in opposition to the request. A representative from the association was present at the BZA hearing. The representative is the president of the homeowner's association and the chairman of its architechtural review board. He stated the applicant constructed the addition without consulting with the association and further stated it was not built in accordance with architectural standards. He noted the applicant did not take the advice of the developer on how to correct the deficiencies. The representative stated the association did not want any setback encroachments approved in this subdivision. None have been granted, and approval of this variance would set a precedent for all the other homes around the pond to receive a variance. The applicant did not attend the public hearing. The BZA, however, felt there was enough information at hand to render a recommendation. In denying the request, the BZA noted it did not meet the legal criteria for the granting of a variance, particularly noting this was a self-imposed hardship.