BZA denies floodplain variance after finding renovations exceeded 50% threshold

The Accomack County Board of Zoning Appeals denied VAR000058-2026, a floodplain variance for a property at 24070 Tall Pines Drive, after county staff concluded the renovations exceeded the ordinance's 50% substantial-improvement threshold and that the hardship was self-created by renovating without required building permits.

Cindy Jones, a zoning code enforcement officer, summarized staff findings: the applicant renovated a structure in a flood zone and partially in a resource protection area without applying for or receiving building permits; staff found the improvements exceed 50% of the structure's market value. Jones warned that granting a variance could jeopardize the county's FEMA Community Rating System discount and noted that financial hardship is not a statutory basis for relief under Virginia law. "The applicant has renovated a structure in a flood zone... the applicant has not met the required threshold to approve the variance," Jones said.

Applicant representative Mr. Pitts said he and contractors had worked toward obtaining a building permit and that some of the site (including a deck) lies in RPA; he asked the board to consider the practical difficulties of elevating or modifying the structure. Floodplain administrator Tom Brook and county attorney Jan Procter advised the board to take separate votes on motions covering the entire dwelling and the converted garage. A board member moved to deny the variance; the motion carried.

The board attached conditions and directed the applicant to submit a complete building application and comply with county, VDOT and health-department requirements if the applicant pursues further compliance actions. The denial reinforces the county's enforcement of floodplain code provisions and the requirement that renovations in special flood-hazard areas meet elevation and building-code standards before occupancy or acceptance of permits.