Orange County — Board of Zoning Adjustment

VA-26-01-085 — Amit Ubale

Request: Variances in the R-CE-C zoning district as follows: 1) To allow a minimum lot width of 75 ft. in lieu of 100f t. 2) To allow a 3-story residence in lieu of 2-stories 3) To allow a maximum height of 39.83 ft. in lieu of 35 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 Variances #2 and #3. Staff noted that no comments were received in favor and two comments were received in opposition to the request. The applicant was present and explained that the proposed height of the home would appear similar to, or lower than, the height of surrounding homes on the same road due to the elevation and slope of the property. The applicant further stated that the placement of the home in front of the 100 ft. lot width requirement is due to the slope of the property and that the proposed placement would be similar to the neighboring home. The BZA briefly discussed Variance #1 and agreed with staff¿s recommendation. The BZA also discussed a similar case regarding a height request that had been denied, noting that the property in the previous case was significantly larger and that the proposed height was substantially taller than in the current request. Commissioner Velez stated that the home could be redesigned to comply with the height and story requirements. The BZA further discussed that the subject property is unique due to the slope and the presence of several easements at the rear of the lot, and that the home would not appear taller when viewed from the right-of-way. The attorney clarified that if the property is restricted by the deed restrictions of the subdivision, and the Homeowners Association determines the home cannot be built as proposed, BZA approval would not supersede those restrictions. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of three Variance requests by a 5-1 vote, with two (2) absent, subject to the three (3) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan dated November 4, 2025, and elevations dated October 30, 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).