Fluvanna County BZA approves variances for Fox Hollow lot despite remote dissent

The Fluvanna County Board of Zoning Appeals voted 3-1 on Feb. 17 to approve BZA 26-08, granting a 100-foot reduction in required lot width at the setback and a 50-foot reduction in the required front setback for the parcel identified as tax map 17291 in Fox Hollow Phase 4.

County staff told the board the parcel is zoned A-1 (Agricultural General) and was created as a nonconforming lot when it was platted nearly 20 years ago. Staff said the lot must meet a 125-foot front setback and a 300-foot lot width at the setback; on the subject parcel, the lot width at the setback measured roughly 200 feet under standard measurement methods. Staff also reported that a drain field has already been sited for the lot following soil tests and that relocating it would likely be impractical because of slope and site constraints.

"I move that the Board of Zoning Appeals approve BZA 26-08, a request for a 100 foot variance to section 22-4-3(d) of the Fluvanna County code to allow reduction in required lot width at setback and for a 50 foot variance to section 22-4-3(e)(2) of the code to allow reduction of required front setback for the parcel identified as tax map 17291," a board member moved during the meeting. The motion was seconded and carried by voice vote; the board chair later confirmed the final vote was 3-1.

Don Reynard, a board member participating remotely, opposed the motion and said he was concerned that allowing the variance would "put that burden onto a second subdivision" and could create liability for residents in the neighboring subdivision. The motion carried despite his opposition.

Staff said the hardship in this case arises from the lot’s original engineering and platting rather than actions by the current applicant, and that granting the requested variances would not change the property’s zoning classification or permit a use that is not allowed by the code. The Planning Commission was notified of the application but declined to take action before the BZA hearing.

The board opened and closed the public hearing on the item without receiving comments from the public. The approval includes the two variances described in the motion; the motion and vote were recorded as carried 3-1. No individual yes votes were identified by name in the transcript; the lone dissenting vote was cast by Don Reynard. The board set no additional conditions on the approval at the meeting.

The BZA’s action resolves the pending application for tax map 17291; the applicant was not present at the hearing to speak. The board will next convene on March 17 at 6 p.m.