Orange County — Board of Zoning Adjustment

VA-25-10-045 — Thomas Hagood

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

Decision: Approved

Hearing: SYNOPSIS: Staff presented the proposal, outlining the property¿s location, site plan, and site photos. They also reviewed the six (6) criteria and explained the reasons for recommending denial of the Variance. Staff noted that two public comments were received in support of and no comments were received in opposition to the request. The applicant, who was present, stated that both neighboring property owners are in support of the request and explained that a fence previously existed on the property, which they are now replacing. The BZA asked questions about other fences in the surrounding area, observing that several nearby properties also have fences. Additional discussion followed regarding fence permitting in the area specifically, whether existing fences were properly permitted or installed following past hurricanes. The BZA determined that the request is appropriate as there was previously a 6 ft. tall fence in the same location and is consistent with other similar fences in the neighborhood and considered the request reasonable. There was one in attendance to speak in favor or in opposition to the request The BZA recommended approval of Variance request by a 6-0 vote, with one (1) absent, subject to the three (3) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped October 20, 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).