Orange County — Board of Zoning Adjustment

VA-25-11-063 — Jeannel Louiral

Request: Variance in the PD zoning district to allow an addition with a rear setback of 5.67 ft. in lieu of 15 ft. NOTE: This is a result of Code Enforcement.

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 of denial of the Variance. Staff noted that three comments were received in favor, with one duplicate, and no correspondence was received in opposition to the requests. Staff noted that this variance was brought forward by a code compliance issue. Staff indicated that two additional conditions of approval were described in staff¿s analysis of the case but not reflected in the conditions of approval of the staff report. Staff added conditions 4 and 5 into the recommendation. The applicant was present and available to answer questions. They explained that they required additional space to better care for their family members, and that they did not have a specific contractor and were hiring individuals to do the work. They stated that since the violation was issued, they have hired a company to assist with the permitting and paperwork There was no one in attendance to speak in favor, or opposition to the request. The BZA acknowledged the request and discussed whether approving it would be appropriate, given the potential impact on adjacent properties. The applicant noted that neighboring properties had already constructed structures extending into the setback and supported the proposed addition. The BZA also expressed concern and emphasized the importance of ensuring that the addition is built in a code-compliant manner. The BZA recommended approval of a lesser Variance, with a modification that the rear setback be 8.83 ft. (8 ft., 10 in.), by a 6-0 vote with one (1) member absent. The approval is subject to the three (3) conditions outlined in the staff report and the additional two (2) as presented by staff during the hearing with a modification of condition of approval #1 as follows: 1) Development shall be in accordance with the site plan date stamped October 13, 2025, as

Conditions: 1) Development shall be in accordance with the site plan date stamped October 13, 2025, as modified to reflect an 8' 10" rear setback, and elevations date stamped October 15, 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).