Orange County — Board of Zoning Adjustment

VA-16-02-146 — JAMES SCOTT MILLER

Request: Variances in the A-1 zoning district for accessory uses as follows: 1) To validate two existing accessory structures with a combined total of 4,438 sq. ft. in lieu of 2,000 sq. ft.; 2) To validate existence accessory structure (garage) in front of primary residence in lieu of side or rear yards; and 3) To allow accessory building height of 19.3 ft. in lieu of 15 ft. (Note: The first structure is an existing garage with 1,238 sq. ft. of floor area. The second structure is an existing storage building containing 3,200 sq. ft. and was constructed without building permits. This is the result of code enforcement action.)

Decision: Approved

Hearing: The applicant is requesting variances to validate two (2) existing accessory structures. The applicant stated they purchased the property a year ago at an online auction, and the existing building was stolen. They have since cleaned up the dilapidated property, but his contractor claims the County told him permits were not necessary to replace the building. The BZA did not accept the claim about permits not being required, and stated that the height request was significant, but the increase in square footage was excessive. The BZA proposed attaching the front garage to the house, thus, eliminating 1,238 square footage from the variance request. The BZA understood that thirty (30) feet was taken for the road, thus, reducing the property to below five (5) acres. The BZA accepted that 3,000 square feet of accessory buildings would be allowed if the property was five (5) acres, and thus, found the request for 3,200 square feet acceptable. The BZA asked for the addition of condition #5, stating "Approval is for 3,200 of maximum cumulative accessory building square footage", and a condition #6, stating "Prior to issuance of permits for the rear structure, the front 1,238 square foot garage shall be attached to the house by a fully enclosed walkway." There was no opposition at the hearing. The BZA approved the variance with the addition of the 5th and 6th conditions.