Orange County — Board of Zoning Adjustment

SE-03-10-069 — Juanita Ramey

Request: Board of Zoning Adjustment to consider renewing Variance in R-1A (single family-7,500 sq. ft. lots) zone to allow a wooden fence to remain 6 ft. in height in lieu of 4 ft. within the front yard setback area. (NOTE: On May 21, 1996, the Board of County Commissioners approved this variance subject to another review after a three-year period to determine if the fence is still needed between the applicant and the property owner to the north).

Decision: Approved

Hearing: Staff reported this issue recently arose when the applicant replaced the first section of fence nearest the front property line due to damage. A complaint was subsequently filed by the neighbor to the north (Windy Whittelsey), which prompted the Zoning Division to bring the matter back to public hearing pursuant to the BCC's May 21, 1996 decision. The applicant stated she and the neighbor to the north are still in conflict and dispute with one another. She indicated it was in the best interest to keep the fence at 6 feet in height to avoid as much physical confrontation as possible between them. The applicant submitted a petition with more than two dozen signatures of area residents with no objection to the Variance. The neighbor to the north and her husband Rex Whittelsey spoke in opposition at the public hearing. She objected to the fence as it blocks her view of other homes and mailboxes along the street. There was no other opposition to this request. Evidence at the BZA hearing showed the fence type, height, and location had not changed since the original Variance hearing in 1996. It was noted that when the first Variance was approved, the Board found the fence was aesthetically-pleasing, was not a traffic safety hazard, and served a practical purpose. The BZA also reviewed evidence submitted with respect to the 1996 public hearing. Based on the findings of the public hearing, the BZA approved renewal of the Variance request with the condition that the fence come into compliance with the height limitation if either the applicant or neighbors to the north move to a another location.