Orange County — Board of Zoning Adjustment

VA-16-03-001 — DAVID ENGELBRECHT

Request: Variances in the R-1A zoning district as follows: 1) To allow accessory structures with a cumulative floor area of 1,140 sq. ft. in lieu of 624 sq. ft.; 2) To allow existing garage and proposed accessory structure in front of principal residence in lieu of sides or rear. (Note: Applicant is proposing a new 240 sq. ft. accessory building. There is an existing 900 sq. ft. garage building in front of the house as well).

Decision: Approved

Hearing: There is an existing 900 sq. ft. garage building in front of the house as well. Staff noted that this is a case where through a past Zoning Manager's Determination, the existing 900 square foot garage was permitted with the house as an attached garage. However, when staff reviewed the situation, the garage fails to meet the criteria to be considered attached. Even though, it again was properly permitted, inspected, and signed-off on by Orange County. The applicant having a properly permitted garage, came to the County for a 240 square foot garden shed, was surprised to learn that he could not get the permit, as he had already exceeded the amount of accessory floor space he was allowed. The applicant explained that he agreed with the staff recommendation, however, he had a problem with condition #4, regarding the placement of shrubs along the side of the shed facing the road because his drainfield is located in that spot, and extends to within ten (10) feet of the front property line. The BZA asked if the applicant would have a problem placing the shrubs up along the road back five (5) feet from the front property line. The applicant agreed. There being no one in attendance to speak for or against the application, the public hearing was closed. The BZA agreed that the request was reasonable, and would rectify the existing nonconforming situation with the garage. A motion was made and seconded to recommend approval of the application with the amended condition #4. The motion passed unanimously.