Orange County — Board of Zoning Adjustment

VA-23-08-055 — Brian Hunter

Request: Variances in the R-1 zoning district as follows: 1) To allow a west side street setback (for an existing attached Accessory Dwelling Unit) of 5 ft. in lieu of 15 ft. 2) To allow a north rear setback (for an existing covered patio) of 17 ft. in lieu of 25 ft. Note: This is the result of Code Enforcement.

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 denial. Staff noted that no comments were received in support, and one (1) comment was received in opposition. The applicant stated that her son needed a place to live and they would do whatever is needed to get approved. The contractor stated that the addition was wood frame. The BZA noted that it is hard to achieve any of the 6 criteria and the fire safety issue, but noted that they have a contractor now. Code Enforcement stated that the citation was in response to a citizens complaint, and is currently running fines. 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 recommended approval of the Variances by a 3-2 vote, with one absent and one vacant, subject to the four (4) conditions found in the staff report.