Orange County — Board of Zoning Adjustment

VA-17-09-085 — JONATHAN HUELS, P.A., AGENT FOR SHERRI FRAGOMENI

Request: Variances in the R-CE zoning district to allow existing accessory uses to remain as follows: 1) Cumulative square footage of 1,365 sq. ft. (1,269 sq. ft. accessory building and 96 sq. ft. chicken coop) in lieu of 500 sq. ft.; and 2) 22.5 ft. in height in lieu of 20 ft. (Note: On November 5, 2015, the BZA approved this request, not including the chicken coop. However, a recent new survey shows the previous measurements were not accurate. The previous variance and building permits were based on an incorrect survey. Therefore, a modified variance request is required.)

Decision: Approved

Hearing: The applicant was advised by Zoning Staff to return to the BZA because her previous approval was based on an incorrect survey. The new survey shows a reduced building setback between her neighbors property line and her oversized barn. Staff advised the BZA that based on the increase on building size the setback should be at least 14 ft. The applicant is providing a 25 ft. setback. Therefore, staff supports the request. There were 12 area residents in attendance that supported the applicant. Two spoke in favor. The property owner to the rear spoke in opposition. He had concerns about his view and the potential animals the applicant could place on the property. Also, he felt the existing building was too close to his property line. The applicant's attorney advised the BZA that the neighbors to the rear are required to preserve the rear 35 ft. of their lots abutting the applicant's property. The BZA concluded the request was reasonable and it blended nicely with the character of the area.