Orange County — Board of Zoning Adjustment

VA-22-07-053 — Melissa Perez for Greenflower Capital LLC

Request: Variances in the R-2 zoning district to allow the construction of a single family residence as follows: 1) An east front setback of 5.5 ft. in lieu of 25 ft. 2) A west rear setback of 5 ft. in lieu of 25 ft.

Decision: Approved

Hearing: SYNOPSIS: 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 a lesser variance of 10 feet for Variance #1, and approval of Variance #2. Staff noted that no comments were received in support, and no comments were received in opposition. The applicant in the presentation stated the difficulty of reducing the square footage, that any changes to meet setbacks would not be suitable from an architectural standpoint, and since it is proposed affordable housing, it would not be possible with the increased costs of a model redesign. One neighbor was present in opposition, expressing concerns about potential encroachments onto their property. No one was present to speak in favor of the project. The BZA noted the unusual lot configuration, the railroad property to the rear, the proposed relatively small house and stated justification for the six (6) criteria and unanimously recommended approval of the variances by a 6-0 vote, with one absent, subject to the seven (7) conditions in the staff report, with an amendment to Condition #1 as follows, "Development shall be in accordance with the site plan and elevations received May 27, 2022, 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)."