Orange County — Board of Zoning Adjustment

VA-18-04-029 — BRYAN STEWART

Request: Variance in the R-1AA zoning district to allow a fence 6 ft. in height in lieu of 4 ft. in height within the 50 ft. setback from the Normal High Water Elevation (NHWE).

Decision: Approved

Hearing: Staff noted that though the application had been advertised as a variance from the 50 ft. NHWE the actual NHWE is 35 due to the lack of depth of the subject property. In addition, unlike a true lakefront lot, a lot on a canal actually is closer to the neighbor to the rear, the area is more secluded, and a fence six (6) ft. in height in lieu of four (4) ft. would be far less apparent and conspicuous. Staff noted that the neighbor sharing the property line was in complete agreement with the request. Staff had a phone conversation with one other neighbor, who was not calling to object, but rather to find out how to apply for the same variance. No other correspondence had been received. The applicant indicated that they were in complete agreement with the recommendation and conditions. There being no one present to speak for or against the request, the public hearing was closed. The BZA concluded that the secluded nature of a canal was a special circumstance differentiating this case from a lot directly on a lake. A motion to recommend approval was passed unanimously.