Orange County — Board of Zoning Adjustment

VA-24-02-149 — Latavious Fails

Request: Variances in the R-1 zoning district to allow the construction of a single-family residence with an attached Accessory Dwelling Unit (ADU) as follows: 1) To allow a structure to be located nearer the side street lot line than the required front yard of such abutting lot (9 ft. in lieu of 20 ft.) 2) To allow a west side street setback of 9 ft. in lieu of 15 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 denial of the Variances. Staff noted that no comments were received in favor or in opposition to the request. The applicant rebutted the staff recommendation of denial, noted that the sidewalk provides additional distance from Ferguson Drive, that there will be sufficient space for parking, and that the house will be an asset to the community. There was no one in attendance to speak in favor of the request. There were two (2) in attendance to speak in opposition of the request due the lack of adequate room for required parking and that the high traffic volume of Ferguson Drive would make using the sidewalk dangerous for pedestrians. A petition of neighbors in opposition was presented at that time. The BZA discussed the Variances, determining the property consists of unique constraints, that the proposed house meets all setbacks with the exception of along Ferguson Dr., meets all Variance criteria and unanimously recommended approval of the Variance by a 6-0 vote, with one seat vacant, subject to the three (3) conditions in the staff report