Orange County — Board of Zoning Adjustment

VA-17-06-045 — ANTHONY PHIPPS

Request: Variances in P-D zoning district for a new screen enclosure and to validate the existing pool deck and existing spa as follows: 1) New screen enclosure: 0 ft. from rear property line in lieu of 5 ft.; 2) Existing pool deck: 0 ft. from rear property line in lieu of 5 ft.; and 3) Existing spa: 4 ft. from the rear property line in lieu of 5 ft.

Decision: Approved

Hearing: Staff noted that the surrounding land uses included an elementary school to the north and a stormwater retention pond to the west, after which there are undevelopable wetlands. Staff also noted that there were two (2) correspondences in favor and none in opposition. The lot is irregularly shaped, which results in only the southern portion of the deck being located on the property line, while the northern portion is approximately three (3) ft. off the property line. The majority of the lot is covered by the residence, which is pushed back to the rear or the lot, leaving minimal room for amenities such as a pool/spa and screen enclosure. Finally, a variance identical to this request had been approved in 2013 for a property to the south end of Montalcino Dr. The BZA noted that the lot was irregularly shaped, and that due to the size of the homes in this neighborhood, there is minimal room for improvements in the rear yard. Further, the HOA and the neighbors are in favor of the request, and it will have no impact on anyone.