Orange County — Board of Zoning Adjustment

VA-21-09-080 — James Silker

Request: Variance in the R-1AA zoning district to allow a pool and deck with a setback of 18 ft. from the Normal High Water Elevation (NHWE) in lieu of 35 ft.

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 of the variance since there are alternate locations to locate the pool and deck which would meet the Normal High Water Elevation (NHWE) setback. Staff noted that five comments were received in support and none were received in opposition.The owner's representative indicated that alternate pool sizes were considered but are not be feasible. Further, she also discussed properties along the lake with a pool in a comparable location as the proposed request. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the special conditions and circumstances due to the comparative location of pools within the neighborhood including the other granted NHWE setback variances. The BZA unanimously recommended approval of the variance by a 7-0 vote, subject to the six conditions in the staff report.