Orange County — Board of Zoning Adjustment

VA-18-02-152 — BRIAN BRACY

Request: Variances in the R-CE zoning district to as follows: 1) To construct a house 44 ft. from the NHWE of Lake Crescent in lieu of 50 ft. 2) To construct a pool 25 ft. from the NHWE of Lake Crescent in lieu of 50 ft.

Decision: Approved

Hearing: Staff noted that the subject property is a substandard lot. In 1966, Orange County rezoned all of the land around Crescent Lake from R-1 and R-1AA to R-CE, increasing the rear setbacks. The three lots to the west were also granted identical variances for construction of pools, and in one case the home. Staff noted that only a small portion of the southwest corner of the house actually encroaches, and while the entire pool encroaches, it is non-living area. Staff noted that they had a phone conversation with the neighbor who lives immediately to the west of the subject property who indicated complete support. The applicant noted that they had tried numerous floor plans. However, due to the presence of a well on an adjacent property, they need to move the septic tank and drain field to the front east of the property, in a very unusual configuration. They are meeting all of the remaining setbacks, and the home only encroaches into the NHWE setback by six (6) ft. at the most. An attorney representing nearby neighbors spoke in opposition, as did one of their clients. They indicated that the house was too large, and should be reduced in size, as could the pool. No one was in attendance to speak in favor the request. The applicant rebutted by indicating that they had spoken to the neighbor to the east, as well as those to the west who said that they would support the variance as long as it was not for a smaller home, but something in line with what they lived in. In addition, every person who expressed interest in purchasing the home wanted a pool. The BZA concluded that due to constraints imposed by the nonconforming status of the lot, the presence of such constraints as a neighboring well which was out of the control of the owner, the variance was warranted. A motion to recommend approval was passed unanimously.