Orange County — Board of Zoning Adjustment

VA-25-11-057 — Mathew Appell

Request: Variance in the R-1 zoning district to allow an addition to a residence with a rear setback of 20.1 ft. in lieu of 25 ft.

Decision: Approved

Hearing: "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 of denial of the Variance. Staff noted that no comments were received in favor and no correspondence was received in opposition to the requests. The applicant was present and available to answer questions. He explained that the proposed location was the only feasible spot for the expansion without creating issues with life safety entrances and exits. He also informed the BZA that the space would be used as a home office. There was one individual in attendance to speak in favor to the request. They stated that the board should approve the request as the applicant stated there was an individual living in the home that was differently abled and reasonable accommodation should be made. There was no one in attendance to speak in opposition to the request. The BZA emphasized the applicant¿s limited options without the requested Variance, acknowledged the applicant¿s reasoning, and agreed that the proposal was appropriate. The BZA recommended approval of the Variance by a 6-0 vote, with one (1) member absent subject to the four (4) conditions found in the staff report with a modification to condition of approval #4 as follows: 4. Prior to the issuance of a permit for the addition, a permit shall be obtained for the shed, covered patio, and concrete slab, as identified during the hearing, or they shall be removed."

Conditions: 1) Development shall be in accordance with the site plan and elevations date stamped October 9, 2025, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).