Orange County — Board of Zoning Adjustment

SE-00-11-010 — Ced Construction Partners, Ltd.

Request: To modify Board of Zoning Adjustment's condition of approval #2 of July 1, 1999, which required a six (6) ft. high masonry wall along the north and west property lines. Applicant proposes a six (6) ft. high chain link fence with a berm planted and/or existing vegetation or any combination thereof.

Decision: Denied

Hearing: The applicant is requesting a variance from constructing a 6 foot high wall along the north and west property lines. The requirement was imposed by BZA for granting the applicant a previous variance for constructing the apartments closer to the residential uses to the north and west. The applicant demonstrated their landscape alternative. The property owner to the immediate west spoke. Her organization (the seminary) just recently purchased the land. She stated that as long as the applicant's landscape design grows as shown in the photographs, she would not object. The BZA advised the speaker that once this request is approved, there was no control over how vibrant the landscaping would grow. The district BZA appointee felt the applicant was violating the agreement that was reached back in July of 1999. She reminded the BZA that the wall was agreed to by the applicant, and now they do not want to build it. The BZA felt that the wall should be required to buffer the residents to the north and west and to avoid any complications regarding landscaping in the future.