Orange County — Board of Zoning Adjustment

VA-25-11-053 — Jaime Ruiz Jr

Request: Variances in the R-1 zoning district to allow a pool and deck as follows: 1) To be located in the side street yard in lieu of in the side or rear yards 2) A 0 ft. side street setback in lieu of 15 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff presented the proposal, outlining the property's location, site plan, and site photos. They also reviewed the six (6) criteria and explained the reasons for recommending denial of the Variances. Staff noted that one public comment was received in support of and one public comment was received in opposition to the request. The BZA asked questions about the existing 6 ft. fence and whether it was permitted. Staff stated the fence permit is currently in review and no additional Variances are needed for the fence. The BZA also inquired about the dimension of the pool and reasoning for the chosen location. The applicant, who was present, explained that they are trying to make the most of their limited yard space and emphasized that all activities and improvements will remain within the fenced area and expressed hope that the project would allow the family to better enjoy their outdoor space. There was no one in attendance to speak in favor, or opposition to the request The BZA determined that the applicant was proposing a minimal amount of work and stated that the pool and deck would not be visible from the right-of-way or neighboring properties. They went on to state that the size of the lot and placement of the existing structures restricts the ability to construct a pool on the site. The BZA recommended approval of Variance request by a 6-0 vote, with one (1) absent, subject to the three (3) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped October 9, 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).