Orange County — Board of Zoning Adjustment

VA-18-01-142 — ALLYSON RICHBOURG LUDEWIG

Request: Variances in the R-1A zoning district as follows: 1) To allow an accessory structure with a setback from the side street (north) property line of 6 ft. in lieu of 15 ft. 2) To allow an 8 ft. high fence in a reverse corner yard in lieu of 4 ft. 3) To allow a portion of an existing pool deck to be located 4 ft. from the side (south) property line in lieu of 5 ft. Note: The applicant has obtained letters of support from their HOA and 5 neighbors, including the owners of the lot which abuts the reverse corner yard. The 8 foot high fence in the reverse corner yard is existing. The fence sustained damage due to Hurricane Irma, and the applicant wishes to replace it.

Decision: Approved

Hearing: Staff noted that the applicant had installed the existing shed and fencing in 2008-9 not knowing that they needed permits. After the recent storms, they wish to replace the shed with a larger one, and repair the fence. A neighbor reminded them to get a permit. It was wile applying for the permit that they discovered that fencing taller than four (4)ft. was not permitted in their side street yard (a reverse front yard) nor is a shed slowed only six (6) ft. from the side street line. Staff noted that due to the orientation of the home, and presence of other improvements such as a pool and deck, and an existing healthy mature oak tree, there was not other location to place a shed. In addition, the neighbor abutting the reverse front yard fully supports the request, as do the applicant's HOA and all adjacent neighbors. The applicant noted that they were in complete agreement with the staff recommendation and conditions. There being no one present to speak in support or opposition to this request, the public hearing was closed. The BZA concluded that given the lack of any other logical place to the put the shed, and given the support of the neighborhood, the request satisfied the need for a variance. A motion to approve the request passed unanimously.