Orange County — Board of Zoning Adjustment

VA-16-01-142 — KEVIN BEHAN

Request: Variance in the P-D zoning district to allow existing retaining wall, deck/patio, and knee wall to remain 2.2 ft. from the rear property line in lieu of 5 ft. (Note: The improvements were constructed 2.8 ft. into a 5 ft. utility easement. The applicant will be required to secure authorization for the improvements to remain in the easement area. Applicant has secured 2 letters of no objection from his neighbors.)

Decision: Approved

Hearing: The applicant is requesting approval of a variance in the P-D zoning district to allow an existing retaining wall, deck/patio, and knee wall to remain 2.2 ft. from the rear property line in lieu of five (5) feet. Staff noted that the retaining wall was needed due to subsidence in the rear of the lot which caused the pool to shift. The wall was recommended by a structural engineer. Staff noted that the improvements were constructed 2.8 feet into a five (5) foot utility easement. The applicant will be required to secure authorization for the improvements to remain in the easement area. The applicant has secured two (2) letters of no objection from the most impacted neighbors. The property backs up to a wetland/conservation area, so there will be no one impacted to the south. The applicant noted that once the retaining wall was complete, it just made sense to continue the pool deck/patio to the edge of the wall. The BZA discussed the case briefly, noting that many make the mistake of thinking that since pavers are more a decorative landscape treatment, no permits are required. The BZA found that the improvements were well done, very attractive, and the most impacted neighbors support the request