Orange County — Board of Zoning Adjustment

VA-19-01-186 — FLORA SMITH

Request: Variance in the R-1A zoning district to allow an addition 5 ft. from the side (east) property line in lieu of 7.5 ft.

Decision: Approved

Hearing: Staff noted that the homes in this area generally extend across the entire building envelope. In fact, the subject property actually encroaches 1/10 of an inch into the side setback on the side where the variance is being requested. The additional floor area provided by the variance will allow persons to more easily exit their car. It will also allow the installation of a standard size garage door, as opposed to requiring a custom built one. Staff concluded by noting tat the most impacted neighbor to the east, plus the neighbors to the west and south submitted letters of support. Also, staff was recommending a condition that the garage door have windows across the upper section. The applicant indicated their agreement with the staff recommendation and conditions. There being no one present to speak for or against the application, the public haring was closed. The BZA concluded that the fact that the home already encroaches, and covers the entire width of the building envelope constitutes a special circumstance. Plus, since the applicant is not the original owner, the need for the variance is not self-imposed. The variance is the lest necessary to allow the garage to be more functional. Also the fact that the most impacted neighbor is in support of the request demonstrates that the improvement is acceptable to the neighborhood. A motion to recommend approval passed by unanimous vote.