Orange County — Board of Zoning Adjustment

VA-24-09-083 — Juan Aristizabal for Columbia Auto Sales

Request: Variance in the Restricted C-2 zoning district to allow the existing 6 ft. high fence and gates within the clear view triangle of the two driveways. Note: This is the result of Code Enforcement.

Decision: Approved

Hearing: 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 of approval of variance. The applicant agreed with staff's presentation, and noted that his neighbor had a similar variance approved last year. The BZA discussed the request, and the large sidewalk and green area along S Orange Blossom Trail and 43rd street which allows for adequate visibility. The BZA recommended approval of the Variance by a 5-0 vote, with one seat vacant, subject to the six (6) conditions found in the staff report with the modification to Condition #6 as follows: Prior to the issuance of a building permit, the property owner shall record in the Official Records of Orange County an Indemnification/Hold Harmless Agreement which indemnifies and holds harmless Orange County from any claims, lawsuits, and any other damage caused by the locating of the fence in the clear view triangles adjacent to 43rd St. and adjacent to S. Orange Blossom Trl., as requested by the property owner, and shall inform all interested parties, including any future purchasers of the property, that the fence is located within the clear view triangles and that the property owner, and the property owner's heirs, successors, and assigns shall be responsible for any claims, lawsuits, and other damage caused by installing the fence in that location. As part of this agreement the property owner shall maintain commercial insurance or a homeowner's policy that includes liability coverage in the amount of $1,000,000 per occurrence and shall name Orange County, Florida as the additional insured.