Orange County — Board of Zoning Adjustment

VA-20-05-025 — Rudy Callahan

Request: Variances in the A-2 zoning district as follows: 1) To allow a cumulative total of 5,500 sq. ft. of accessory floor area in lieu of 3,000 sq. ft.(BZA approved 4,250 sq. ft.). 2) To allow an existing accessory structure greater than 15 ft. in height to remain 5 ft. from the side (south) property line in lieu of 10 ft. Note: This is the result of Code Enforcement Action.

Decision: Approved

Hearing: SYNOPSIS: Staff explained the history of the property, stating that when the current owner acquired the property in 2007, the building was already located in the southeast corner of the property. Staff added that the majority of the structures and code violations were the result of a prior tenant. A 2010 prior variance request which was partially approved was explained, including the fact that two (2) of the existing structures that were required to be demolished by the 2010 BZA decision had not been removed. The applicant is now attempting to retain the remaining structures. Staff concluded by noting that they had received three correspondence in favor of the request from neighboring property owners and no correspondence in opposition. The owner¿s agent explained the history between the property owner and the tenant. After the code enforcement action, the tenant would tell the owner that they were working on the issue with Code Enforcement and Zoning, so the two buildings could stay which were to have been demolished after the 2010 variance. Meanwhile, fines kept accruing. There is now a potential buyer, however, the accessory structure issue must be resolved first. There was no one else in attendance to speak in favor or in opposition to the request. The BZA discussed how much less of a variance would be needed if the pole barn structure in front of the building in the southeast corner of the property was removed. Staff noted that it would reduce the request between 40 and 50%. The BZA unanimously recommended approval of the variance requests with the five conditions in the staff booklet and a new sixth condition capping the square footage of accessory structures at 4,250 sq. ft.