Orange County — Board of Zoning Adjustment

VA-25-06-020 — David Heinmiller

Request: Variances in the R-1AA zoning district as follows: 1) To allow the enclosure of the existing porch with a front setback of 24.6 ft. in lieu of 30 ft. 2) To allow an existing shed with a side setback of 4 ft. in lieu of 5 ft.

Decision: Approved

Hearing: 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 approval of Variance #1 and denial of Variance #2. Staff noted that one comment was received in favor and no comments were received in opposition to the request. The applicant was present and noted that when they purchased the property the shed was on the property. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the fact that the structure has been on the property since the 1970s and the setback encroachment was considered minor and without the Variance the shed would have to be removed. The BZA recommended approval of both Variances as requested by a 5-0 vote, subject to the four (4) conditions found in the staff report with a modification of condition of approval #1 and the addition of condition of approval #5 as follows: 1) Development shall be in accordance with the site plan date stamped June 16, 2025, and elevations dated June 16, 2025, 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). 5) The proposed front porch enclosure be constructed of the same material as the existing house and painted in the same color palette as the existing house.

Conditions: 1) Development shall be in accordance with the site plan date stamped June 16, 2025, and elevations dated June 16, 2025, 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).