Westmoreland County board approves variance to allow garage closer to road

The Westmoreland County Board of Zoning Appeals voted to approve a variance for Anthony Johnson that will allow a detached metal garage to be built closer to the southern property line than the county zoning ordinance normally permits.

Land use staff told the board the site (tax map 36-114A, 508 Mount Holly Road, Montross) is a narrow, unusually shaped, family lot with a 15-foot Dominion Energy easement, an existing well and septic drain field that severely limit buildable area. Staff recommended approval, saying, “This project appears to meet the state's criteria for receiving a variance,” and outlined conditions including that the building be no closer than 22 feet to the southern property line and that the applicant submit a certified site plan and record the Board of Zoning Appeals decision before a permit can be issued.

The zoning ordinance provision cited by staff requires a 75-foot setback from the center of the right of way; because the roadway’s measured width reduces the effective setback at this parcel, staff said the requested reduction to 22 feet (42 feet from the centerline as presented) is appropriate given the lot’s curvature, topography and the location of utilities.

Applicant Anthony Johnson described the property as generational family land and told the board he seeks the garage "to bring my toys home," explaining the chosen 35-by-30-foot building matches his needs and mirrors a similar structure recently built by a relative. A written letter submitted with the application, read into the record by staff, listed three immediate neighbors who support the project and said they do not view the structure as an eyesore or disruptive to neighborhood character.

Board members asked staff to confirm that the variance concerns only the footprint and placement of the building (not height or future stories); members and staff agreed the request covers the footprint only and that any additional development would require separate approvals. After brief discussion emphasizing the parcel's unusual topography and the staff findings, a board member moved to approve the request and the staff recommendations (with an editorial correction to the staff report). The motion was seconded and approved by voice vote; the chair announced the variance is effective immediately but cautioned that permits will not be issued until the decision is recorded and that any construction carried out before the end of the 30-day statutory appeal period would be at the owner's risk.

The board’s approval includes these conditions: the building must substantially conform to the submitted plot plan; the southern setback must be no closer than 22 feet; a site plan certified by a licensed professional is required during permitting; the decision must be recorded and a copy of the recordation submitted to the Land Use Administration before issuing construction permits. An appeal of the board’s decision may be filed in circuit court within 30 days in accordance with the Code of Virginia.