Orange County — Board of Zoning Adjustment

VA-19-09-092 — Richard Keppler

Request: Variances in the R-1A zoning district as follows:

1) To allow an existing fence to remain in the front setback with a height of 5.5 ft. in lieu of 4 ft. 2) To allow an existing accessory structure (pergola/swing house) to remain in front of the principal structure in lieu of behind or beside. 3) To allow an existing accessory structure (pergola/swing house) to remain with a 3 ft. side setback in lieu of 5 ft. 4) To allow an existing accessory structure (gate house) to remain in front of the principal structure in lieu of behind or beside. 5) To allow an existing accessory structure (gate house) to remain with a 0 ft. front setback in lieu of 25 ft. 6) To allow an existing house to remain with a 19.64 ft. rear setback in lieu of 30 ft.

This is the result of Code Enforcement action.

Decision: Approved

Hearing: Staff gave a presentation on the case covering the location of the property, the site plan, and photos of the site.

The applicant stated that he bought the property in 2001, that the road is substandard, that the fence does not affect visibility and that the brick wall across the street is 6 feet tall.

Two people spoke in favor of the request: Commenting on the positive appearance of the property, noting that the fence was up prior to 1998, and asking why it took 20 years for someone to complain.

Three people spoke against the request: They did not like the height, and complained that the applicant blocks the road.

The BZA noted that the area is unique and stated that they cannot resolve neighbor disputes. The BZA observed that they did not hear that the request could be detrimental to the neighborhood.

Staff received 17 commentaries in favor of the application, and none in opposition to the application.

The BZA approved the variances.