Orange County — Board of Zoning Adjustment

VA-04-05-152 — Daniel Roberts

Request: Variances in R-1AA (single family-10,000 sq. ft. lots) zone as follows: 1) Construct single family residence 40 ft. in height in lieu of 35 ft.; 2) Construct swimming pool, deck, and screened enclosure 15 ft. from normal high water elevation of Lake Tibet Butler in lieu of 35 ft.

Decision: Approved

Hearing: The applicant originally wanted to construct a swimming pool, deck, and screen enclosure 15 ft. from the Normal High Water Elevation of Lake Tibet Butler in lieu of 35 ft. Since such time that this application was submitted, the applicant submitted a revised survey depicting the proposed pool, deck, and screen enclosure 20 ft. from the NHWE in lieu of the 15 ft. The requested setback would be consistent with a BZA approval that was granted for this particular lot in November of 1984 to construct a single-family home 20 ft. from the Normal High Water Elevation in lieu of 35 ft. Six commentaries were received in favor and five in opposition. One letter of opposition was received from Ann Connolly with the Windermere Water Navigation and Control District and another form Lucy Cogswell with the Butler Chain Conservation Association. Staff showed a map of (4) other similar variances that had been approved including both adjacent lots to the north and south. The applicant stated to the BZA that a pollution abatement swale would be installed along the entire west (rear) property line and that an approved retaining wall has already been constructed. There was no opposition present at the public hearing.