Orange County — Board of Zoning Adjustment

VA-02-04-043 — Louis Schwing & Robert MacKey

Request: Variances in R-1A ( single family 7,500 sq. ft. lots) zone to erect single family residence as follows: 1. Zero ft. from side lot line on south in lieu of 7.5 ft.; 2. 20 ft. from normal high water elevation of Lake O'Dell in lieu of 30 ft.

Decision: Approved

Hearing: The lot has a narrow lot depth. It is a part of an older subdivision created prior to the adoption of setback requirements from the normal high water elevation (NHWE) of lakes. In fact, the narrow lot depth and age of the subdivision "grandfather's in" the lot as to the typical 50 foot setback requirement. Instead, the setback requirement is 30 feet. However, due to the lake encumbrance in the rear yard, the applicants requested variance relief. Also, they requested a variance on the side yard setback, stating the thought was to preserve the view of Lake Caine to the west for the homeowners around Lake O'Dell. The property owner abutting the side (south) property line appeared and spoke in opposition to the zero side yard setback abutting his home. During the discussion period, the BZA felt it was inappropriate to allow such an extensive variance on the side yard setback. Therefore, BZA approved a 5 foot setback (2.5 feet variance). Approving the 5 foot setback, however, meant a shift in the house northward, putting the house slightly closer to the lake. Therefore, the BZA approved an additional 5 foot (15 feet setback approved) to accommodate the house shift. There was no other public opposition. Several commentaries were received from other neighboring property owners in favor of the request.