Orange County — Board of Zoning Adjustment

VA-19-07-062 — Jane Lee

Request: Variances in the A-2 zoning district as follows: 1) To allow an existing 12 ft. x 26 ft. accessory structure (hen house) to be located in front of the principle residence in lieu of alongside or behind. 2) To allow an existing 12 ft. x 26 ft. accessory structure (hen house) to be located 8 ft. from the side street (east) property line in lieu of 15 ft. 3) To allow an existing 14 ft. x 18 ft. accessory structure (pole barn) to be located in front of the principle residence in lieu of alongside or behind. 4) To allow an existing 17 ft. x 2 ft. accessory structure (rabbit hutch) to be located in front of the principle structure in lieu of alongside or behind. 5) To allow an existing 17 ft. x 2 ft. accessory structure (rabbit hutch) to be located 10 ft. from the side street property line in lieu of 15 ft. 6) To allow an existing 24 ft. x 2 ft. accessory structure (rabbit hutch) to be located in front of the principle residence in lieu of alongside or behind.

Decision: Approved

Hearing: Staff gave a history of the subject property, including the fact that before the plats were recorded, the owner of the property which would ultimately become the Christmas Park community was granted a variance to allow mobile homes on one (1) acre lots. Staff also noted that the applicant has been licensed since 2017 to sell eggs and honey, and has had livestock for at least four (4) years. Staff clarified that even though the house is addressed off of St. Nicholas Ave., because of the way the Zoning Code defines the front of a lot, the front yard is actually off of Bartholomew St. Staff noted that if the mobile home was located entirely on the south 50% of the lot the structures would be allowed in front of the home, however, they would have to honor the setbacks of the principle structure. Staff clarified that is was recommending approval of the variances to allow the structures to remain in front of the principle structure, but denial of the variances to allow the structures to remain in the front or side yard setbacks. The applicant explained that they would like to leave the structures where they are currently located. If she moved them in closer to the center of the lot, they would then be closer to both the front door of their neighbors home, and the workshop where the neighbor spends a great deal of time. The BZA asked the applicant if they would agree to meet all setbacks if the henhouse and hutches were ever destroyed or removed. The applicant agreed to that conditions. There being no one present to speak in favor or opposition to the request, the public hearing was closed.