Orange County — Board of Zoning Adjustment

VA-23-10-090 — Kimberly Morgan for Little Rascals

Request: Variances in the R-1A zoning district for an existing detached accessory structure as follows: 1) To allow a detached accessory structure in front of the principal structure in lieu of the side or rear yard. 2) To allow a detached accessory structure with a south side setback of 5 ft. in lieu of 7.5 ft. Note: This is a result of Code Enforcement.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for denial of the Variances. Staff noted that no comments were received in favor or in opposition to the request. The applicant discussed the retention pond and available area of open space restricts the relocation of the storage structure to the rear of the day care. Additionally, it was noted that the applicant will comply with the landscaping condition in the staff report. There was no one in attendance to speak in favor or in opposition to the request. Code enforcement staff discussed the history of citation. The BZA discussed the request determining the storage structure alternate relocation options are not viable due to septic tank, retention pond, and difficulty in accessing the rear to relocate the structure. Additionally, the storage structure contains hazardous chemicals for the day care. The BZA unanimously recommended approval of the Variances by a 5-0 vote, with one absent and one seat vacant (D5), subject to the five (5) conditions found in the staff report.