Orange County — Board of Zoning Adjustment

VA-25-11-066 — Edgard Klemm and Ellen Castellani

Request: Variance in the PD Zoning District to allow a pool to be located in the side street yard in lieu of the side or rear.

Decision: Approved

Hearing: Staff presented the proposal, outlined the property's location, site plan, and site photos, and reviewed the six criteria and explained the reasons for recommending denial of the Variance. Staff noted that 1 correspondence was received in favor of the request and no comments were received in opposition. The applicant who was present stated that the proposed alternative site plan by staff would create access issues to the rear yard and that neighboring properties had similar pool locations. The BZA asked questions regarding the HOA approval and the walking space between the alternative pool location and the existing structures. Additional discussion followed regarding other lawful pools in the side street yard in the same community and possible stormwater runoff if the pool were to be proposed in Staff's alternative plan. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of the Variance request by a 6-0 vote, with one absent, subject to the 4 conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped November 16, 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).