Orange County — Board of Zoning Adjustment

VA-17-02-193 — ALBERT SEGEV

Request: Variances in the P-O zoning district to construct office building as follows: 1) 10 ft. from front property line (N. Kirkman Rd.) in lieu of 25 ft.; and 2) 26 ft. from rear property line (east line) in lieu of 30 ft.

Decision: Approved

Hearing: Staff noted that the subject property was very shallow and fronted on a major six-lane divided roadway. There is no way to create a truly viable and functional office development on the property without granting the requested variances. Staff noted that the applicant was providing the buffer yard required through the rezoning to P-O granted in December 2016. However, there will be a need for the applicant to modify the parking and building area to ensure that they provide the required parking. Staff also noted that due to an error in advertising in February, this is the second time this has come before the BZA. As a result of the February notices, staff became aware that there are residents to the east who are not in support of this project, who also opposed the change in zoning last year. Staff is recommending that the applicant include a six foot tall masonry wall across the east property line. The applicant indicated their agreement with the staff recommendation and conditions. There being no one in attendance for or against the request, the public hearing was closed. The Board found that due to the size and shape of the property, there was no way to develop the site as it was rezoned by the County without the variances.