Orange County — Board of Zoning Adjustment

VA-24-03-148 — Momtaz Barq

Request: Variances in the R-CE zoning district as follows: 1) To allow the construction of a detached Accessory Dwelling Unit (ADU) with 2,151 sq. ft. of living area in lieu of 1,000 sq. ft. 2) To allow a 100 ft. lot width in lieu of a minimum 130 ft. lot width.

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 Variance #1, and approval of Variance #2. Staff noted that one comment was received in support, and no comments were received in opposition. The applicant team presented a detailed power point, noted that the structure would be a combination of an art studio and an ADU and noted the similar Variance approvals in the area. He further stated that if the art studio and ADU were built in separate buildings, that the proposal would be less harmonious with the area. The applicant noted that the structure would be 207 feet from the front property line, would be screened with very high hedges and additional landscaping, would be considerably hidden from the road and would be a good fit for the area. Also discussed was the two letters of support that were received from the neighbors. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the request, noted the heavy vegetation used for screening, discussed the prior approved Variances in the area, that the proposal adds value and is consistent with the area, stated justification for the six (6) criteria and unanimously recommended approval of the Variances by a 6-0 vote, with 1 seat vacant, subject to the 3 conditions in the staff report, as amended to modify Condition #1, which states, "Development shall be in accordance with the site plan and elevations received January 30, 2024, 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