Orange County — Board of Zoning Adjustment

VA-23-04-011 — Kenneth George Ashley

Request: Variances in the R-1A zoning district as follows: 1) To allow a 6 ft. high fence in the front yard in lieu of 4 ft. high. APPROVED 2) To allow an 8 ft. high fence in the front yard in lieu of 4 ft. high. APPROVED 3) To allow a 6 ft. high fence with 6 ft. high gates within the clear view triangle. DENIED NOTE: SINCE VARIANCE 3 WAS DENIED, FOR PERMITTING, SITE PLAN SHALL BE MODIFIED TO MEET THE CLEAR VIEW TRIANGLE.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the site plan, and photos of the site. Staff provided an analysis of the six (6) criteria and the reasons for a recommendation for denial. Staff noted that no comments were received in favor or in opposition to the request. The applicant and owner described that the rationale for the height and location of the 6 ft. metal fence and 6 ft. metal gate within the clear view triangle, and the 8 ft. wooden fence within the front yard setback proposed, was for safety of the property. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the fences and gate height, location in the front yard setback and clear view triangle; determining there are security concerns for the property, safety concerns present of encroaching in the clear view triangle, and applicant has other alternatives. The BZA unanimously recommended approval of Variance #1, #2 and denial of Variance #3 by a 6-0 vote, with one absent, subject to the four (4) conditions in the staff report and deleting Condition #5.