Orange County — Board of Zoning Adjustment

VA-25-09-035 — Clarel St Fort

Request: Variances in the Restricted R-1A zoning district to allow a Community Residential Home as follows: 1) To be located 360 ft. from another Community Residential Home in lieu of 1,000 ft. 2) To be located 450 ft. from another Community Residential Home in lieu of 1,000 ft. 3) To be located 740 ft. from another Community Residential Home in lieu of 1,000 ft.

Decision: Denied

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 Variances. Staff noted that no comments were received in favor and 25 comments were received in opposition to the requests, 8 comments were duplicates and 2 were not in the buffer area. The applicant's representative was present and disagreed with staff's recommendation of denial. They went on to explain the background of the property and why they have begun the permitting process to convert the residence to be used as a Community Residential Home. The representative stated there is another CRH in the 1,000 ft. separation operating without approval from Orange County. The BZA asked for clarification on where the applicant was in the process and how these approvals are issued and where the BZA process falls into the timeline. The board stated the applicant provided no justification for why the Variances should be approved. There was no one in attendance to speak in favor and 5 individuals spoke in opposition to the request including the neighbor directly to the rear of the subject property. Those who spoke in opposition to the request stated the applicant was dishonest to the community, the applicant failed to do their due diligence, too many similar establishments are within the area, and the home will be used commercially. Some stated they attended the community meeting, and it was contentious. The applicant's representative rebutted the opposition's comments stating the applicant was unaware of the existing homes used as CRHs. The BZA recommended denial of the Variance as requested by a 5-0 vote with two (2) absent.

Conditions: 1) Development shall be in accordance with the site plan, date stamped July 28, 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).