Orange County — Board of Zoning Adjustment

VA-17-05-039 — ALLAN ANDREW PU

Request: Variance in the A-1 zoning district to construct a single family residence 23 ft. from the Normal High Water Elevation (NHWE) line of Hickory Nut Lake in lieu of 50 ft. (Note: The subject property was platted on October 30, 1956. However, the zoning of the property requires a 50 ft. building setback whether it is lakefront or not.)

Decision: Denied

Hearing: The applicant is proposing a 3,591 sq. ft. home. It will encroach in the lake setback by 27 ft. The lake setback proposed is 23 ft. in lieu of the required 50 ft. Staff gave a presentation. The average house size in this subdivision is 2,700 sq. ft. The homes on this lake meet the 50 ft. lake setback. One variance was issued for a pool deck 14 ft. from the lake. There is a peculiar finger-like protrusion of the shoreline into the subject property which does qualify as a legitimate hardship on the land. However, the primary cause of the variance is the proposed size of the home. Further, staff advised that if this variance is granted, it will partially block the view of the lake of the adjacent neighbor. The applicant disagreed with the staff presentation and staff recommendation. He indicated he plans to build this house for himself once his current mortgage is paid off. Two neighbors, including the most impacted neighbor, spoke in opposition. They stated the applicant should reduce the house size and comply with all setbacks just as they did. One neighbor felt this house was too close to his house and was concerned about fire protection for both houses. The BZA concluded the main issue was not blocking the view of the lake, but rather the size of the home is causing the need for the variance. Staff received 17 commentaries in opposition and 3 in favor.