Orange County — Board of Zoning Adjustment

VA-22-06-026 — Thermidor Dumarcel

Request: Variance in the R-1A zoning district to allow an addition with a south rear setback of 17.75 ft. in lieu of 30 ft. (BZA approved 24 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 since the addition was constructed without first obtaining a permit and there would have been other options to construct an addition without the need for a rear setback variance. Staff noted that no comments were received in favor or in opposition to the request. The applicant responded to the staff recommendation for denial, noting the need for the addition and reasons for proceeding with construction without first obtaining a permit. Code enforcement staff discussed the history of citation. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the variance, the failure to first obtain a permit, the negative impact of the requested rear setback and the ability to redesign the addition to minimize encroachment. The BZA offered a compromise by recommending a lesser variance for the addition and unanimously recommended approval of the variance by a 6-0 vote, with one seat vacant, subject to the four (4) conditions in the staff report, and an amended Condition #1, which states "Development shall be in accordance with the site plan and elevations received March 10, 2022, as modified to provide a 24 ft. south rear setback, 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)."