Orange County — Board of Zoning Adjustment

VA-24-05-021 — Robert Ziegenfuss

Request: Variances in the A-2 zoning district as follows: 1) To allow a detached accessory dwelling unit (ADU) with an east side setback of 8 ft. in lieu of 10 ft. 2) To allow a detached accessory dwelling unit (ADU) with 988 sq. ft. of living area in lieu of 811 sq. ft. Note: This is subject to Code Enforcement. Note: This is subject to Code Enforcement.

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. Staff noted that four comments were received in support, and no comments were received in opposition. The applicant stated that when the owners purchased the property in 2022 they were not aware of any problems, as the structure was built over 20 years ago prior to purchase by the applicant. They have applied for a permit which is on hold for the Variance They began to rectify the situation as soon as they were informed. The need for the Variance is because the building is skewed at an angle, and the size difference is less than 177 sq. ft. The most affected neighbor has sent in a letter in favor of the application, and they have 4 letters in support. The applicant has also installed a white PVC fence on the property line to buffer. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the Variances, including the size and location of the requests, noted that the most the impacted neighbor was in support, described the existing screening to shield the views, stated justification for the six (6) criteria and unanimously recommended approval of the Variance by a 6-0 vote, with one seat vacant, subject to the four (4) conditions in the staff report.