Orange County — Board of Zoning Adjustment

VA-22-09-089 — IV Simaku

Request: Variances in the R-1 zoning district as follows: 1) To allow a 5 ft. high fence in the front yard in lieu of 4 ft. high. 2) To allow a 5 ft. high fence with 6 ft. high gates within the clear view triangle. Note: This is the result of Code Enforcement.

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 of the Variance. Staff noted that no comments were received in support, and no comments were received in opposition. The applicant stated that the house is for his parents, and that they did not intend to violate the code, and were only concerned about safety. The BZA noted that the fence is not against the roadway, and that it is not opaque, and that when the gate is opened, there is still visibility. The BZA also noted that the tree obstructs visibility more than the fence, and they do not see the possibility for a precedent. There was no one in attendance to speak in favor or in opposition to the request. The BZA discussed the variance and stated justification for the six (6) criteria and unanimously recommended approval of the variances by a 7-0 vote, subject to the four (4) conditions found in the staff report and the addition of condition #5, which states, "Prior to the issuance of a building permit, the property owner shall record in the Official Records of Orange County an Indemnification/Hold Harmless Agreement which indemnifies and holds harmless Orange County from any claims, lawsuits, and any other damage caused by the locating of the fence and gates in the clear view triangles adjacent to Selma Avenue as requested by the property owner, and shall inform all interested parties, including any future purchasers of the property, that the fence is located within the clear view triangles and that the property owner, and the property owner's heirs, successors, and assigns shall be responsible for any claims, lawsuits, and other damage caused by installing the fence in that location."