Orange County — Board of Zoning Adjustment

VA-00-11-012 — Heidi Kay Harmer

Request: Variance in R-1A zone to create two (2) substandard sized lots to accommodate a single family residence on each lot. (Note: Each lot will be 53.5 ft. wide and 7,490 sq. ft. in size instead of 75 ft. wide and 7,500 sq. ft. in size).

Decision: Denied

Hearing: The applicant wants to create two (2) 53 foot wide lots. The homes in this immediate area are on 100 ft. wide lots. Staff gave its technical analysis. Staff felt the applicant needed to justify how this request was not a self-imposed hardship. In addition, the construction of another home would require the elimination of several mature trees. Further, staff documented that the smaller size lots were the exception to the rule not the rule in this area. The applicant submitted a petition containing 12 signatures in favor. Most of these were from homeowners on the same street. There were 4 residents present who were opposed to this request. They were concerned about the future precedent this would establish. The BZA felt the applicant did not prove they met the zoning variance criteria. They denied the request for the following reasons: (a) it did not comply with the zoning variance criteria; (b) it would result in the elimination of mature trees; ( c) the proposed lot size was not compatible with the lot sizes in the immediate area; (d) the request would set a precedent; and (e) opposition was present.