Orange County — Board of Zoning Adjustment

VA-00-01-010 — Joy Phillips

Request: Variance in A-2 zone to allow three (3) existing accessory structures (pole barns) to remain as follows: 1. zero (0) ft. setback between structures in lieu of 10 ft.; 2. 17 ft. in height in lieu of 15 ft.

Decision: Approved

Hearing: The applicant was cited by the Buiding Division for erecting the three pole barns without benefit of building permits. The buildings consist of four support poles with aluminum roofing on top over individualized paved areas. The property is a very large parcel that the applicant owns in conjunction with several other adjacent parcels, all adding up to a total of 35 acres. The applicant and her husband are building their home here, which includes a farm. Staff stated that an on-site inspection of this request revealed the pole barns were being used to store heavy commercial equipment other than just farm equipment. A front-end loader and a steam roller were each parked under two of the buildings. Staff also reported that the closeness of the three buildings to one another may require structural modification in order to meet fire safety codes. In response to the commercial equipment concern, Mrs. Phillips stated her husband owns a construction/paving company. She stated they are in the process of paving the grounds in front of their house and will remove the paver when finished. She added they will use the front end loader for farming purposes. The District #2 BZA member disagreed the front end loader was standard farm equipment. From an aesthetic standpoint, the location of the buildings in back of the property against a wooded area was not a concern. However, the BZA was not comfortable with approving the request knowing it had been built in violation, may have fire safety concerns, and knowing the use of the buildings violated zoning codes. After discussing the issue, the BZA came up with conditions that would allow the applicant the use of the existing structures, while at the same time ensuring there would be no conflict with other rules and regulations.