Orange County — Board of Zoning Adjustment

VA-17-07-055 — EDWARD WILLIAMS

Request: Variance in the R-CE zoning district to construct single family residence 25 ft. from the rear (west) property line in lieu of 50 ft. (Note: The parcel was recorded prior to August 31, 1982. Therefore, the R-CE zoning setbacks apply only. The rear yard setback in the R-CE zoning district is 50 ft. The applicant is proposing 25 ft.)

Decision: Approved

Hearing: The applicant represents the property owner who owns a parcel on the dead end of Dandy Shores Drive. There is a canal on the north and west sides. The applicant needs a variance from the west side (rear) property line in order to provide a more useable building envelope for a future house. Staff gave a presentation. Staff advised that currently the property could be developed with only a 10 ft. setback from the canal to the north. This proposal would increase that setback to 25 ft. but would reduce the setback from the west canal from 50 ft. to 25 ft. Staff advised that the proposal provides better protection to both canals as opposed to constructing a home with the current setbacks. Staff concluded by advising the BZA that the staff report has been amended to include additional conditions of approval. The applicant gave a brief presentation to the BZA. He stated he agrees with the conditions imposed by staff and he understands this is just the first step in a long series of steps to obtain a permit for a single family home. Staff advised the BZA that the parcels to the east and south also received variances to build. Also, there are no wetlands on this property. The applicant stated the new home may have to be a two-story home in order to allow for a septic tank and well. There are 2 story homes on Sandy Shores Drive. Two neighbors spoke with concerns. They stated they were not necessarily opposed to this request but inquired about the 50 ft. setback and the ability to use a septic tank. Staff advised that since this parcel was recorded in 1976, it is exempt from the 50 ft. lake setback adopted in 1982. Discussion ensued about whether to continue this request. The BZA decided there was sufficient information for them to approve this request and advised the applicant to consult with the 2 neighbors after the meeting which he did.