Orange County — Board of Zoning Adjustment

VA-17-10-098 — ROBB M. ERICKSON

Request: Variances in the R-CE zoning district as follows: 1) To allow an accessory use (volleyball court and pergola with 10 ft. high posts) in the front yard in lieu of side or rear yards; 2) To allow accessory use (volleyball court with 10 ft. high posts) 24 ft. from the Normal High Water Elevation (NHWE) of Lake Willis in lieu of 50 ft.; and 3) To allow a gazebo to remain 1 ft. from the NHWE of Lake Willis in lieu of 50 ft. (Note: This is a result of a code enforcement action.)

Decision: Approved

Hearing: The applicant constructed a sand volleyball court and two (2) pergolas without permits. They were cited by the Code Enforcement Division and were instructed to apply for variances. Staff gave a presentation with site photos showing the existing structures. Staff stated several variances have been approved in the Lake Willis area for accessory structures. Staff had concerns with the large size of the structure, the proximity to Lake Willis Drive, and potential for large amounts of people congregating on the property. The applicant stated that due to the shape of the lot this was the only viable space for this structure. Applicant also stated they have been living on the lake since 1990 and have been playing volleyball out there ever since 1991. He expressed that many neighbors use the court and they also play beach tennis on the site. Two (2) neighbors spoke in favor of the application and stated this would have a positive impact on the community. Staff received six (6) responses in favor of the application and two (2) responses against the request. The BZA discussed the proximity of the court to the road, the lighting on site, the height of the different structures, the use of the court by others, and the need for any buffering from the right-of-way. The BZA concluded the request was appropriate for the area and approved all three (3) variances. The BZA eliminated conditions of approval #5 and #7.