Orange County — Board of Zoning Adjustment

VA-22-12-134 — Vicki Gholson

Request: Variance in the R-1A zoning district to allow an 8 ft. high fence in the Normal High Water Elevation (NHWE) in lieu of 4 ft..

Decision: Denied

Hearing: SYNOPSIS: 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 since there are alternatives to allow the installation at the requested fence height. Staff noted that three (3) comments were received in favor of the application and three (3) comments were received in opposition to the application. The applicant described that the rationale for the height of the proposed fence was for safety and privacy from the adjacent park property. There were two (2) in attendance to speak in favor of the request. There were also three (3) in attendance to speak in opposition to the request, noting that the fence will impact the view of the lake and the need to protect water resources. EPD staff discussed the request and the wetland requirements. The BZA discussed that the applicant has other options to install fencing that meets code requirements, that there were no similar requests granted within the adjacent community and that the fence will impact the view of the lake from the surrounding properties. The BZA unanimously recommended denial of the requested Variance by a 6-0 vote, with one absent.