Orange County — Board of Zoning Adjustment

VA-18-11-151 — MATTHEW MORRISON

Request: Variance in the R-1AA zoning district to allow a fence within 50 ft. of the NHWE that is 6 ft. tall in lieu of 4 ft. tall.

Decision: Approved

Hearing: Staff explained that the subject property was on a canal which fed into Lake Conway. As a result, any fencing within 50 ft. of the Normal High Water Elevation (NHWE)is to be no higher than 4 ft. in height. There is an existing 6 ft. tall wooden fence which was installed with a valid permit, however, since its installation, the code had been changed to ensure that neighbors do not block one-another's views with fencing. However, in this instance, the applicant is at the end of the canal, and can not block anyone's view. Plus, without a fence with a height greater than 4 ft., the applicant's right to privacy would be violated. Staff noted that they had receive 1 correspondence in favor, and none in opposition. The applicant had advised staff that they had a prior engagement which they could not miss, and given the hour, they had to leave. There being no one in attendance to speak on this application, the public hearing was closed. The BZA found that the need for a variance had been adequately demonstrated. A motion to recommend approval was seconded and passed unanimously.