Orange County — Board of Zoning Adjustment

VA-17-07-061 — ROSTYSLAV SPYSAK

Request: Variance in the P-D zoning district to validate a new addition constructed 1 ft. from the side (north) property line in lieu of 7.5 ft. (Note: This was a result of a surveyors error. The applicant is currently working with Orange County Public Works Department to resolve issues with construction within the existing utility and drainage easements.)

Decision: Approved

Hearing: Staff noted that this was a surveyor's error. The original survey used to obtain the building permit showed the proposed addition over 8 ft. from the side (north) property line. However, when the as-built survey was prepared to submit for final inspection, it was found that the original survey was inaccurate. The applicant is currently working with the County's Public Works Department to rectify the easement issue. A condition was added by staff which will require that this issue be resolved before the addition's final inspection is passed. Staff noted that the most impacted neighbor had submitted a letter of support for the variance. Three neighboring residents submitted correspondence in opposition, but the opposition was based on the large number of cars parked at the applicant's home. Staff noted that they had advised one of the residents in opposition that they needed to contact the Code Enforcement Division concerning this. Staff closed by noting that the situation was not the result of any action on the part of the applicant. The applicant noted that they were in agreement with the staff recommendation and conditions of approval. There being no one in attendance to speak for or against the request, the public hearing was closed. The BZA found that the request was not self imposed, and that failure to grant it would impose a significant hardship on the applicant.