Orange County — Board of Zoning Adjustment

VA-20-09-085 — Daniel Kennerly

Request: Variances in the R-1AA zoning district as follows: 1) To allow a 952 sq. ft. attached garage 11.5 ft. from the front property line in lieu of 30 ft. 2) To allow an existing 85 sq. ft. shed to remain 1.5 ft. from the east side property line in lieu of 5 ft. 3) To allow an existing 85 sq. ft. shed to remain 22 ft. from the NHWE in lieu of 35 ft. 4) To allow an existing 24 sq. ft. well house to remain 1.5 ft. from the NHWE in lieu of 35 ft. 5) To allow an existing pool to remain 15.5 ft., and pool deck to remain 3.1 ft. from the NHWE in lieu of 35 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff discussed the proposal, covering 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. Staff noted that no comments were received in support and no comments were received in opposition. The applicant stated that the initial request was for the front setback, and that the other improvements were not installed by the current homeowner, since the pool and the sheds were existing in 2014 when the owner purchased the property. The applicant further stated that the owner maintains a 20 foot hedge along the property line, the adjacent homeowner has no objection, and that other homeowners in the area have provided letters in favor of this request. The BZA inquired about other variances in the area and confirmed that other improvements were in place before the owner purchased the property. The applicant was also asked if he could build a 2nd story. The applicant stated that the addition is for the homeowner¿s parents and the family needs the living area to be located on one floor. He added that he cannot build closer to the lake, and noted that the houses on both sides are closer to the front property line. Staff confirmed that the houses on either side were constructed prior to the enactment of zoning in 1957. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of the variances by a 6-0 vote, subject to the seven (7) conditions in the staff report.