Orange County — Board of Zoning Adjustment

VA-01-07-052 — Emile Sandelin

Request: Variance in R-2 zone to construct fence 6 ft. in height within 25 ft. of common lot line on north.

Decision: Approved

Hearing: The applicant's rear yard abuts the front yard of the neighbor's house. The purpose of the 25-ft. requirement is to provide adequate visual clearance for traffic safety and to protect the front yard open space rights of the adjacent neighbor. The applicant's submittal documents indicated the fence was for privacy because the pool area can be seen on the street side. The site plan showed the proposed wood fence would be located all along the applicant's rear property line up to the sidewalk and down. A field inspection indicated this arrangement would not enable the neighbor to the rear the ability to see cars or vehicles while backing out of the driveway. Further, enclosure of this entire area would cause an aesthetic impact to the neighbor's front yard open space. Therefore, staff recommended a modified variance that would place the fence 10 feet from the west property line. The applicant stated he could not agree with staff's proposed mofication as this would not leave enough room in the lawn next to the pool for a picnic table. The applicant submitted a revised site plan showing the picnic table location and exclusion of utility equipment in the corner of the lot. The BZA's district representative stated further modification was needed on the revised site plan to mitigate the visual obstruction to the neighbor. He drew on the plan a 90 degree triangle at the northwest corner that placed the fence further way from the neighbor's driveway but with sufficient space to place the picnic table. The dimensions of the triangle on the north and west property lines are reflected on the revised site plan modified at the public hearing and in the conditions of approval. Several documents were received in favor. There was no opposition to this request.