Orange County — Board of Zoning Adjustment

VA-24-12-121 — Nick Dancaescu

Request: "Variances in the R-1A zoning district as follows: 1) To allow the construction of a single-family residence with a maximum height of 39 ft. in lieu of 35 ft. 2) To allow an existing detached accessory structure with a south side setback of 2.6 ft. in lieu of 5 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 Variance #1, and approval of Variance #2. Staff noted that six (6) comments that include two (2) duplicates were received in favor of the request, and no comments were received in opposition to the request. The applicant discussed the staff recommendation of denial, noting the height of the residence as proposed is due to the lot constraints since it abuts a lake that minimizes the buildable area. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the request pertaining to the height of the residence as proposed, determining the foundation would be at least four feet below the crown of the road making the residence appear lesser in height and would not negatively impact the surrounding area. The BZA unanimously recommended approval of the Variances by a 5-0 vote, with one absent and one seat vacant, subject to the four (4) conditions found in the staff report with the modification to Condition #1 as follows, ¿Development shall be in accordance with the site plan and elevations date stamped November 12, 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 a recommendation to the Board of County Commissioners (BCC).¿