Orange County — Board of Zoning Adjustment

VA-17-01-190 — DAYALAL BHARADVA

Request: Variances in the R-CE zoning district as follows: 1) Lot width of 52 ft. in lieu of 130 ft.; 2) Rear setback of 36 ft. in lieu of 50 ft.; 3) Principal structure located 11 ft. from the side street property line in lieu of 15 ft.; 4) Accessory structure (garage) located 12 ft. from the side street property line in lieu of 15 ft.; 5) To allow a lot area of .35 acres in lieu of 1 acre; 6) House with a gross floor area of 4,130 sq. ft. in lieu of the 3,200 gross sq. ft. as approved by the BZA on July 3, 2013; and, 7) A pool and deck located 10 ft. in the front of the principal structure in lieu of the side or rear yards. (Note: The purpose of this application is to cure the zoning requirement non-conformities that currently exist).

Decision: Approved

Hearing: Staff explained the history of the property, noting that variances had been granted by the BZA in 2013. However, the survey used for the variance included County right-of-way land along Kilgore Rd. In addition, certain improvements were made which did not adhere to the conditions of the 2013 variance approval. As a result, portions of the garage and house are actually located in the right-of-way. Through this variance process and a petition to vacate parts of the Kilgore Rd. right-of-way, the property will be made compliant. The applicant indicated that errors not only in the survey in 2013, but also with a title opinion contributed to the matter. One individual who lives across Kilgore Rd. spoke in support of the request. There being no one else in attendance to speak for or against the request, the public hearing was closed. The BZA concluded that the variance were needed to correct the current non-conformities and encroachments into the public right-of-way. In addition, there aren't many solutions since the structure is already built. No one spoke in opposition.