Orange County — Board of Zoning Adjustment

VA-20-04-017 — Solange Dao

Request: Variance in the IND-2/IND-3 zoning district to allow for construction of 7 industrial buildings with a 15 ft. (east) setback from a residential zoning district in lieu of an increased setback of 60 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff noted that even though the property to the east is zoned A-2, it is used for residential purposes. Therefore, an increased setback of 60 ft. versus 15 ft. is required. In addition, there is a need for a Type B buffer requiring a 25 ft. buffer area that cannot be used for anything other than landscaping. The applicant is developing essentially from scratch, and has not attempted to use any other design techniques such as the use of multi-story buildings. Staff explained that the applicant intended to request waivers to the Type B buffer; however, the Zoning Manager had noted that there was insufficient justification to grant a waiver. Staff stated that it had received one (1) letter in support of the application from the residence to the east, and one in opposition from a property approximately 1/4 mile away. The applicant gave a presentation, noting that the property was slightly over 180 ft. wide, so a 60 ft. setback would deprive them of nearly 1/3 of their site. They also noted that the cell tower on the adjacent property was permitted as a commercial use, and the property owner is realizing a good profit from the lease to the tower owner. That fact caused the applicant to assume that the property was being used commercially. There being no one wishing to speak in favor or opposition, the public hearing was closed. The BZA concluded that the loss of nearly 1/3 of the site due to a property which will one day be zoned industrial, was a true hardship and special condition. The BZA unanimously recommended approval of the variance subject to the six (6) conditions in the staff report.