Orange County — Board of Zoning Adjustment

VA-22-04-016 — Michelle Robinson

Request: Variances in the R-1A zoning district, as follows: 1) To allow the installation of an external staircase and new porch with a south side setback of 5 ft. in lieu of 7.5 ft. 2) To allow an existing detached accessory structure with a north side setback of 3.2 ft. in lieu of 5 ft.

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 approval. Staff noted that three (3) comments were received in favor and no comments were received in opposition. The applicant discussed the staff recommendation and noted that the staff recommended lesser variance would not provide a functional staircase and described the detached accessory structure modifications were for safety and the need for the second variance. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the variances and stated justification for the six (6) criteria and unanimously recommended approval of the variances by a 5-0 vote, with one absent and one seat vacant, subject to the five (5) conditions in the staff report, and an amended Condition #1, which states ¿Development shall be in accordance with the site plan and elevations received March 17, 2022, subject to the conditions of approval, and all applicable laws, ordinances, and regulations...¿ and an amended Condition #5, which states ¿Prior to the issuance of a permit for the covered patio, the easement holder of the existing 15 ft. easement located along the east property line shall give written permission to encroach such easement and to record in Official Public Records or the easement shall be abandoned.¿