Orange County — Board of Zoning Adjustment

VA-25-08-030 — Lynn Mentzer

Request: Variances in the R-1AA zoning district as follows: 1) To allow a 6 ft. tall fence within the Normal High Water Elevation (NHWE) setback in lieu of a maximum height of 4 ft. 2) To allow an existing shed with a north side street setback of 4.76 ft. in lieu of 15 ft.

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 of approval of Variance request #1 and denial of Variance request #2. Staff noted that 14 comment were received in favor and no comments were received in opposition to the request. The applicant was present and described their justifications for requesting the Variances noting that they are replacing an old fence and wish to place it along the shared property line between the boat ramp due to the inappropriate activities happening at the boat ramp. She went on to state the shed is actively used and does not provide any visual obstruction to the boat ramp or lake. BZA discussed that the shed has been in its current location since 2006 and moving the structure would not be feasible and without the Variance it would have to be demolished. They went on to state the proposed fence location would have no negative effect on neighbors due to it being adjacent to a right-of-way rather than another property owner. There was no one in attendance to speak in favor or in opposition to the request. The BZA recommended approval of both Variances as requested by a 6-0 vote with one (1) absent, subject to the five (5) conditions found in the staff report.

Conditions: 1) Development shall be in accordance with the site plan date stamped June 4, 2025, as modified to show the end of the fence a minimum of 5 ft. landward of the normal high water elevation line, 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).