Orange County — Board of Zoning Adjustment

VA-18-12-169 — DARRELL NUNNELLY

Request: Variances in the R-CE zoning district as follows: 1) To allow a wood deck 0 ft. from the NWHE line in lieu of 50 ft. 2) To allow a balcony addition 8 ft. from the NHWE line in lieu of 50 ft. This is the result of Code Enforcement action.

Decision: Approved

Hearing: Staff explained that the residence was constructed by the original owner of the property in 1950, before either zoning or the normal High Water Elevation were established. There is no other location to construct the type of improvements to allow the owner to enjoy their view of Lake Sheen which could meeting the NHWE setback or rear setback, which are identical. However, it was the staff position that the deck did not need to extend any close to the NHWE than the balcony. Staff concluded by noting that if the variance was denied, the applicant could replace the deck with a concrete slab all the way out to the sea wall. The applicant explained how the improvements came to be constructed. They noted that they had an engineer inspect the work. The conclusion was that the structures would easily meet or exceed the code. The applicant is simply asking to keep that which was there. They had no problem with signing a Hold Harmless Agreement. There being no one in attendance to speak for or against the request, the Public hearing was closed. The BZA concluded that there is no other location suitable for the improvements. Further, it appeared that the improvements are very well constructed, and that requiring removal of any of it would be a hardship, especially since any deck removed could be replaced by a concrete slab. A motion to recommend approval passed unanimously.