Orange County — Board of Zoning Adjustment

VA-22-03-145 — Steven Kachelmeyer

Request: Variances in the R-CE zoning district for the construction of a screen enclosure as follows: 1) To allow a setback of 29 ft. from the Normal High Water Elevation (NHWE) in lieu of 50 ft. 2) To allow a south rear setback of 29 ft. in lieu of 50 ft.

Decision: Approved

Hearing: SYNOPSIS: 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 since the request is substantially similar to the setback as the recently approved variance for the new residence and pool. Staff noted that one (1) comment was received in favor and one (1) comment was received in opposition. The applicant agreed with the staff presentation and had nothing further to add. There was no one in attendance to speak in favor or in opposition to the request. The BZA unanimously recommended approval of the variance by a 6-0 vote, with one absent, subject to the five (5) conditions in the staff report, and an amended Condition #5, which states "Prior to the issuance of a building permit, the property owner shall execute and, upon receipt of Orange County's approval, subsequently record in the official records of Orange County an Indemnification/Hold Harmless Agreement, prepared by Orange County, which indemnifies Orange County from any damages caused by flooding and shall inform all interested parties that the addition is located no closer than 29 feet from the Normal High Water Elevation (NHWE) of Lake Crescent."