Orange County — Board of Zoning Adjustment

VA-21-07-059 — Megharaj Kranthy

Request: Variance in the A-2 zoning district to allow a 6 ft. high fence within the 15 ft. site distance triangle. This is the result of Code Enforcement action.

Decision: Approved

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. Staff noted that five (5) comments were received in support and none in opposition. Staff noted that the original fence permit was for a chain link fence, and the applicant was cited by code enforcement for fence type, and a 2nd permit was applied for with notation that the 15 ft. site distance triangle was required. The applicant stated the columns are 6 ft. away from the gate, and provide 15 ft. of clear view on either side. The applicant also noted that the original fence permit was for a chain link fence, and the HOA objected as a chain link fence is prohibited in the front, thus the new fence was installed. They stated that they were not aware of the site distance triangle requirement at the time of the first permit. Code enforcement confirmed that the citation was due to a staff initiated complaint. The BZA felt that the 36 ft. distance from the road is significant, and confirmed that no other similar variances had been granted in the area, and noted the neighbors that were in favor. There was no one in attendance to speak in favor or in opposition to the request. The BZA made a motion to approve the variance which passed with a 5-1 vote, subject to the four (4) conditions found in the staff report.