Goochland BZA approves variance for accessory structure at 903 Kinloch Point Lane, 4–1

The Goochland County Board of Zoning Appeals voted 4–1 on Nov. 18 to grant a variance allowing an accessory structure to sit forward of the rear building line at 903 Kinloch Point Lane.

The structure was proposed by Don G. Faizon Jr. and Lynn K. Faizon to serve as a family "wellness" building that the applicants’ attorney, Jared Anderson, said is intended in part for their adult daughter with autism. "It's a place where they can mentally, physically, and emotionally recreate," Anderson told the board, adding the design is "high quality" and consistent with neighborhood architecture.

County staff, represented by Ray Cash and Kelly Kemp, told the board the structure is already under construction without a building permit. Kemp reviewed the legal standards for variances under state and county law and said a variance may be granted only if strict application of the zoning ordinance would unreasonably restrict use of the property, the need is not shared by other properties, and the variance is not contrary to the ordinance's purpose. Staff advised that the applicants' placement choice and the fact construction began without permits weigh against finding an applicant‑created hardship. "They created this hardship by a placement choice," Kemp said during staff remarks.

The applicants and their builder, Jim Donkam, said the site constraints — an unusual lot orientation, septic locations, a special flood hazard area at the rear and an Architectural Review Board/HOA restriction on rear‑yard structures — together leave no practical alternative location. Donkam, who identified himself as the builder and apologized for starting work without a permit, said the HOA effectively dictated the approved location and that the golf club and immediate neighbors signed off on the plan after months of design work.

Board members pressed staff on whether the RPUD requirement that accessory structures be "behind the main building" requires full concealment or can be read more narrowly as behind the rear building line. Staff said the "rear building line" interpretation is the most reasonable reading in RPUDs but noted other options — including attaching the structure with a long breezeway so it would be considered part of the main building — had been discussed and judged infeasible by the builder because it would cross a driveway and require an impracticably long connection.

Public comment included support from the builder and a neighbor who noted pro bono work on the project and urged leniency. The board debated whether the situation represented a one‑off hardship or an ordinance problem that should be addressed later. After consulting with counsel in a closed session under Virginia Code §§2.2‑3711 and 2.2‑3712, the board returned and voted to approve the variance on a 4–1 vote.

The board certified the closed‑session discussion in open session as required by state law. The meeting then approved previous minutes and adjourned.

The variance relieves the front‑yard accessory‑structure setback requirement of the Goochland County zoning code for the property at 903 Kinloch Point Lane; conditions or bonds allowed under Virginia law may be imposed to ensure compliance, per counsel’s remarks about §15.2‑2309. The county record shows the structure began before a building permit was issued; staff said no enforcement action was taken while the variance application was pending.

The board did not adopt any ordinance changes at the meeting. Any conditions imposed on the variance or subsequent enforcement steps will be recorded in the county's permit and land‑use files.