Orange County — Board of Zoning Adjustment

VA-26-02-086 — Dennis Delaby

Request: Variances in the R-1 zoning district as follows: 1) To allow a pool and deck with a Normal High-Water Elevation (NHWE) setback of 9.3 ft. in lieu of 25 ft. 2) To allow an existing accessory structure (shed) with a Normal High-Water Elevation (NHWE) setback of 6.2 ft. in lieu of 25 ft.

Decision: Approved

Hearing: Staff presented the proposal, outlining the property¿s location, site plan, and site photographs. Staff reviewed the six required criteria and explained the reasons for recommending denial of Variance Requests #1 and #2. Staff noted that no public comments were received in support of or in opposition to the request. The applicant, who was present, stated that the variance requests were necessary due to the smaller lot size and noted that other pools in the area are located within the NHWE setback. The BZA asked questions regarding the slope of the yard and potential flooding and requested clarification from staff on the purpose of the NHWE setbacks. The applicant indicated that there was no flooding or property damage during Hurricane Irma and stated that they were unaware the two existing sheds were unpermitted, as the sheds were installed prior to their ownership of the property. After discussion, the BZA determined that the request was reasonable and would not be injurious to the neighborhood. The Board also felt that denying the applicant the ability to construct a pool would deprive them of reasonable use and enjoyment of their backyard, particularly given that surrounding properties have similar development within the NHWE setback. No members of the public were present to speak in favor of or in opposition to the request. The BZA recommended approval of the variance request by a 5¿0 vote, with two members absent, subject to the six conditions outlined in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped October 27, 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).