Orange County — Board of Zoning Adjustment

VA-20-01-145 — I.D. Construction & Contracting

Request: Variances in the R-3 zoning district as follows: 1) To construct a retaining wall 18 ft. from the Normal High Water Elevation (NHWE) in lieu of 50 ft. 2) To construct a 10.75 ft. tall retaining wall within the lake setback area in lieu of 4 ft. 3) To construct an addition 31 ft. from the NHWE in lieu of 50 ft. 4) To construct a pool deck 18 ft. from the NHWE in lieu of 20 ft.

Decision: Approved

Hearing: Staff described the physical character of the site, with a grade drop of approximately six (6) ft. in approximately 30 ft. from the rear of the home. The rear yard is not suited for active recreation due to the grade. Also, due to the angle of shoreline, while the addition on the north side of the site meets the NHWE, the southern addition does not, even though they extend the same distance toward the rear of the yard. Staff's primary concern is that the solid wall will extend up to the grade of the pool deck, and then another four (4) ft. above that, and may impact neighbors' views of the lake. It was recommended that the solid wall end at the pool deck, the remainder by decorative fencing. Staff concluded that they had received one (1) letter of support from the neighboring property owner, and no correspondence in opposition. The applicant indicated their agreement with the staff recommendation and with the condition regulating the height of the solid wall versus decorative railing. There being no one present to speak in favor or opposition to the application, the public hearing was closed. With the applicant's acceptance of the conditions regulating the height and materials of the wall, the BZA found that the criteria for granting a variance were satisfied. A motion to recommend approval of the variance passed unanimously.