Orange County — Board of Zoning Adjustment

VA-16-02-159 — ALISON YURKO

Request: Variances in the R-1 zoning district to allow existing accessory structure to remain as follows: 1) 528 sq. ft. of area in lieu of 500 sq. ft.; 2) 2.5 ft. from the side (north) property line in lieu of 5 ft.; and 3) 1.8 ft. from the rear (east) property line in lieu of 5 ft..

Decision: Approved

Hearing: The applicant submitted three (3) letters of no objection from his neighbors. This is a result of code enforcement action. Staff has verified through review of aerial photography that the shed has been in existence since at least 2001. The current property owner did not construct the accessory building. However, it was determined that when the current property owner purchased the property in 2013, the shed was being rented out as an apartment. The current property owner was informed in 2015, that the shed could not be used a dwelling unit, and was cited for code violations. Since that time, the shed was gutted and returned to a state where it is only usable for storage. The only outstanding issues are the size of the shed and the setbacks. The applicant noted that the owner which they represent, understood that the shed must be used only as a shed, and never again converted to living space. The owner is in agreement with all conditions proposed by staff. There being no one in attendance to speak for or against the application, the public hearing was closed. The BZA agreed that the issue of the size and location was not the result of action by the current owners. Further, it was agreed that the fact that the shed had been restored as a storage building only justified the shed remaining on the property. The BZA asked if the owner would accept a condition which stated that if the shed was ever damaged or destroyed by an amount equal to fifty percent (50%) of the area of the shed, it could not be replaced unless it met the code for setbacks and floor area. The owner was in agreement. A motion was made and seconded to recommend approval of the variances with the conditions as amended. The motion passed unanimously.