Fluvanna BZA approves 20-foot front-setback variance for burned residence parcel

The Fluvanna County Board of Zoning Appeals on Jan. 21 approved a 20-foot variance to reduce the required minimum front setback from 75 feet to 55 feet for 0.588 acres identified as tax map 51A, section A, parcel 49.

The variance (BZA 2403) was presented to the board by Bruce Patterson, who said the subject tract is zoned R-1 in the 4th Union planning area and lies “right across from Pettit Lane.” Patterson described an existing single-family dwelling that was destroyed by fire in June 2023 and said the request would allow the rebuilt home to be placed farther from the street while regularizing its nonconforming status.

“The existing house, which is a nonconforming structure, became nonconforming when the zoning code was created,” Patterson said. He told the board the owner is seeking 20 feet of relief to bring the proposed replacement into closer conformance with current rules while acknowledging the rebuilt house would remain nonconforming unless other changes are made.

Under county rules cited by staff, a structure destroyed by fire may be rebuilt within 12 months using the original footprint without meeting current setbacks. Patterson and board members noted that if the owner enlarges the structure beyond the original footprint, additional approvals or variances could be required. Patterson said the variance would give the owner “a little more latitude” for size and siting; the county code allows expansion up to 200 percent subject to meeting setback rules when applicable.

The board voted in favor of the resolution approving the variance (resolution 012025). The motion language on the table would approve a 20-foot variance to section 22-45-4 of the Fluvanna County code to reduce the minimum front setback from 75 feet to 55 feet for tax map 51A, section A, parcel 49. The vote was taken by voice; the board chair announced the motion passed. No roll-call tally was recorded in the transcript.

Board members and staff said final building plans will determine whether further variances are required. Patterson noted that if the owner confines the rebuild to the original foundation, the property could be reconstructed without additional variances; if the owner seeks to expand beyond that footprint, the variance will be relevant.

The approval is recorded in Resolution 012025. Any future requests tied to this property, including plan submittals that increase building area, would return to the board for review or require additional approvals.