Orange County — Board of Zoning Adjustment

VA-20-06-026 — Ashley Heafy

Request: Variances in the R-1AA zoning district as follows: 1) To allow an existing residence to be located 32 ft. from the rear property line in lieu of 35 ft. 2) To allow a allow a generator to be located 5.8 ft. from the north side property line (adjacent to the house) in lieu of 10 ft.

Decision: Approved

Hearing: SYNOPSIS: Staff noted that the addition to the rear was properly permitted, however, because it is now living space which encroaches into the rear setback, Variance #1 was added. Staff further explained that the applicants had purchased a permanent generator, and they discovered during the permitting process that if they wanted to locate it alongside the home, a 10 ft. setback was required. Staff noted that there is an area in the northeast corner of the yard where the generator could be placed to meet setbacks. Staff also noted that they had received nine (9) correspondence in support of the request and none in opposition. One (1) correspondence was received from the most impacted applicant abutting the north property line where the applicant wished to place the generator. The applicant stated that the proposed generator location was advised by not only the generator manufacturer, but also the installer of the underground propane tank. Both advised against long runs of either gas or power lines. Since the applicant and their spouse work from home, they need a reliable source of power for their home office equipment. The BZA asked the applicant when they had purchased the home, which was built in 1952 before zoning. The applicant responded that they purchased the home in 2012. There being no one else present to speak in favor or opposition to the request, the public hearing was closed. The BZA concluded that the home¿s age and the location of the power panel was the special condition and circumstance supporting the request, and that since the applicant purchased the home long after it was constructed it is not self-created. The further the generator is from the connection to the home the less efficient it operates therefore no special privilege is conferred by allowing it to be near the panel. It will be a deprivation of rights if they are not allowed to have the ability to maintain power after hurricanes. The BZA unanimously recommended approval of bot