Orange County — Board of Zoning Adjustment

VA-26-03-008 — Robert Rausch

Request: Variances in the R-1 zoning district to allow a fence as follows: 1) To be constructed with galvanized metal panels in lieu of a standard material conventionally used by the fence industry 2) A 6 ft. tall fence within the front 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 6 criteria and the reasons for a recommendation for denial of the Variance requests. Staff noted that 12 comments were received in favor and no comments were received in opposition to the request. The applicant was present with legal counsel and stated the request is due to the need to safely secure their property. They discussed their request in relation to the Variance Criteria and the presence of crime in the area and past trespassing and attempted break-ins on their property. They went on to state the increased height and metal material provides greater security than a standard 4 ft. tall fence would not be able to provide. There was no one in attendance to speak in favor or on opposition to the requests. The BZA discussed the requests and stated the fence would allow increased security and that the metal is not currently standard in the fencing industry but is becoming more common. The BZA recommended approval of Variance requests by a 5-0 vote, with 2 absent, subject to the 5 conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the partial site plan dated February 16, 2026, and the associated legend provided by staff, 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).1) Development shall be in accordance with the partial site plan dated February 16, 2026, and the associated legend provided by staff, 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).