Orange County — Board of Zoning Adjustment

VA-20-12-108 — Brenda Rowe

Request: Variance in the R-1A zoning district to allow a separation distance of 598 ft. between a residence that meets the definition of a community residential home and another such home, in lieu of 1,000 ft.

Decision: Denied

Hearing: SYNOPSIS: Staff gave a presentation on the case covering the location of the property, the survey, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation of denial, which included an inadequate distance separation between the residences as required by County Code. Staff noted that eleven (11) commentaries were received in favor of the application, and twenty (20) were received in opposition to the application. Staff also mentioned the virtual Community Meeting which was held on October 29, 2020 during which a number of residents expressed concerns relating to overconcentration, negative impacts to the neighborhood due to how these types of operations are managed, and the potential for crime. The applicant stated that a group home is needed, and that when the property was purchased that she did not know there was another within the required separation distance. The applicant also promised to comply with zoning requirements and stated that the home would be a benefit to the community. She noted that she has been operating these types of homes for 8 years by leasing another property for 6 years. The plan was to relocate the operation to this house, but after contacting the State, the applicant was told that operation of this type of home at this location required County zoning approval. There was one person in attendance to speak in favor, attesting to the character of the applicant, stating that she operated a daycare previously with no complaints. He also stated that the applicant¿s clients at this location will be developmentally challenged, will not bring any criminal element, and in fact will improve the area. There was one person in attendance to speak in opposition, stating that the neighborhood is for a single-family homes and that there is an oversaturation of the group homes. Problems related to other similar homes in the area were identified. The BZA noted that the distance separation is required