Orange County — Board of Zoning Adjustment

VA-25-07-026 — Marie Presume and Charlemagne Presume

Request: Variance in the PD zoning district to allow a 11.83 ft. rear setback in lieu of 25 ft.

Decision: Approved

Hearing: 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 denial of the Variance. Staff noted that two comment was received in favor and no comments were received in opposition to the request. The applicant was present and noted that the existing rear addition of the home was constructed without a permit and needs to be replaced. They stated that the addition is to provide additional living space for a family member. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the fact that the property abuts a right-of-way to the rear rather than another residence therefore the addition would not be intrusive to the neighbors. The BZA went on to discuss the existing size of the property and placement of the home limits the ability to construct an addition complying with the rear setback requirement. The BZA recommended approval of both Variances as requested by a 5-0 vote, subject to the five (5) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan and elevations dated stamped June 17, 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).