Orange County — Board of Zoning Adjustment

VA-00-06-004 — Mark Noppert

Request: Variance in R-1A zone to erect an accessory building (for storage and workshop) 24.5 ft. in height in lieu of 15 ft.

Decision: Approved

Hearing: The applicant is proposing to build a large (>900 square foot) accessory building, consisting of two (2) stories; the height necessitated a zoning variance. Staff questioned the proposed use of the building, noting the design had a residential design with a balcony. Further, an on-site inspection revealed the storage of several commercial vehicles, which constitute a violation of zoning. Staff was concerned that the applicant may be trying to set up a second dwelling or operate his business (electrical contractor) out of the proposed building. Three commentaries in opposition expressed similar concerns. The applicant explained that his architect had designed the building with a residential flare for aesthetic purposes, and there is no intent to use the building as a dwelling. Regarding the commercial vehicles, he explained this was only a temporary situation, and the vehicles are now back onto his commercial property where his contracting business is located. Staff offered conditions of approval to mitigate any potential zoning misuse of the building. The applicant agreed with the conditions. There were no persons present in opposition at the public hearing.