Orange County — Board of Zoning Adjustment

VA-26-05-033 — Aubrey Diaz

Request: Variance in the R-1AAAA zoning district to allow a 6 ft. tall fence in the side street setback in lieu of a maximum height of 4 ft. NOTE: This is the result of a code violation

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 for denial of the Variance. Staff noted that 12 comments were received in favor and 1 comment was received in opposition to the request. The applicant was present and stated they received approval from the HOA and had a fence contractor install the fence. They stated they were unaware that a permit was required and submitted once they were informed a permit was needed. They went on to state there were several factors leading to installing the fence like vegetation impeding the sidewalk and owning several dogs. The BZA discussed the configuration of the lot, and the literal interpretation of the zoning code would render the subject portion of the yard unusable and neighboring properties in the area have similar fences. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of Variance request by a 5-0 vote, with two absent, subject to the four (4) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped dated March 6, 2026, and the fence rendering dated June 19, 2025, subject to the conditions of approval, and all applicable laws, ordinances, and regulations. Any proposed non-substantial deviations, changes, or modifications will be subject to the Zoning Manager's review and approval. Any proposed substantial deviations, changes, or modifications will be subject to a public hearing before the Board of Zoning Adjustment (BZA) where the BZA makes a recommendation to the Board of County Commissioners (BCC).