Orange County — Board of Zoning Adjustment

VA-04-02-125 — Exclusive Homes Inc.

Request: Variance in R-CE (single family-1 acres lots) zone to construct single family residence 30 ft. from front property line in lieu of 35 ft. (NOTE: All lake setbacks will be met).

Decision: Approved

Hearing: The subdivision was the subject of an administrative rezoning in 1981 from R-1AA to RCE for consistency with the Comprehensive Policy Plan. The size of the properties and dimensions are about one-half than that of the minimum RCE standards. The subject property is the last vacant lot in the subdivision. The property sits on a sharp curve that impacts the front yard area setback. The proposed house size is comparable to others in the neighborhood, and was intentionally located close to the front of the property to avoid closeness at the rear abutting the lake. One neighboring property owner spoke in opposition. He abuts the property to the south. He was opposed to the applicant's 10 foot setback from the side lot line abutting the property, stating the subdivision deed restrictions require a 12.5 ft. setback. The speaker was informed the BZA could not enforce the private deed restriction. The County is obligated to issue a permit meeting the 10 foot side setback required under R-CE zoning. The applicant stated he would work with the neighbor to try to shift the house to the other side of the lot in order to meet the 12.5 setback. The BZA felt this was a very minimal variance request, and that it was an honorable intent to move the house as far away as possible from the lake side.