Orange County — Board of Zoning Adjustment

VA-23-04-008 — Mike Fitzpatrick

Request: Variance in the PD zoning district to allow a generator with a west side setback of 4 ft. in lieu of 10 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for approval. Staff noted that no comments were received in support, and two (2) comments were received in opposition. The BZA confirmed the testing cycle and fuel source. The owner stated that they require the generator for health purposes, and noted that an A/C/ unit would produce more noise and that there was no other location on the property that is suitable. An attorney representing the neighbor spoke against the case, stating that the house was purchased by the current owner in its current condition without a generator, and that the code exists to protect adjacent neighbors, and that they would support it is a wall was built around the generator. The owner stated that a wall would create an echo chamber which would be worse, and a wall would kill the neighbors podocarpus plant, and landscaping would be preferrable. The BZA noted that due to technology, generators are quieter than in the past, and emit noise similar to an A/C. They also noted the need to locate 3 ft. from the service, and that the site is restricted and that landscaping will absorb sound better than a wall. The BZA discussed the variance and stated justification for the six (6) criteria and unanimously recommended approval of the variance by a 5-0 vote, with one absent and one vacant, subject to the four (4) conditions found in the staff report.