Orange County — Board of Zoning Adjustment

VA-25-11-060 — Katelyn O'Neal

Request: Variance in the R-1AA zoning district to allow a pool and deck with a Normal High Water Elevation (NHWE) setback of 3.67 ft. in lieu of 35 ft.

Decision: Approved

Hearing: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation of denial of the Variance. Staff noted that no comments were received in favor and no correspondence was received in opposition to the requests. The applicant was present and available to answer questions. She explained that other lots in the area had similar setbacks and provided a rationale for why the proposed design best suited the property, the neighborhood, and the owner¿s needs. She went on to discuss the unique shape of the seawall which is why the request is smaller than others in the area. There was one in attendance to speak in favor, or opposition to the request The BZA acknowledged the request and agreed that the proposal was appropriate. They also addressed that there were similar setbacks throughout the neighborhood and that the location of the seawall further restricts the area a pool could be placed. The BZA recommended approval of the Variance as requested by a 6-0 vote with one (1) absent, subject to the three (3) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped October 9, 2025, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).