Orange County — Board of Zoning Adjustment

VA-20-04-014 — James Thomas

Request: Variances in the R-1 zoning district as follows: 1) To allow an existing 6 ft. high fence to remain within the front setback in lieu of 4 ft. (APPROVED w/CONDITIONS) 2) To allow a 6 ft. fence within the clear view triangle area for the driveway. (DENIED) Note: This is the result of a Code Enforcement action.

Decision: Denied

Hearing: SYNOPSIS: Staff gave a presentation on the case covering the location of the property, the site plan, and photos of the site. During his presentation, the applicant stated that he needs the fence for safety, and that a similar fence was on the property when he purchased it. The BZA confirmed the clear view triangle and fence setback requirements, and asked the applicant¿s contractor why he did not obtain a permit. The contractor stated that he thought he could rebuild a fence using the previous permit that was on file. He also stated that a reduction of the height would require the current fence to be replaced. The BZA felt that the 6-foot fence height was acceptable, but there was concern about preserving the clear view triangle. Staff received sixty-two (62) commentaries in favor of and none in opposition to the application, and there was no one present to speak in favor or in opposition to the request. The BZA unanimously recommended approval of variance #1 and denial of variance #2, subject to the addition of a new condition #6, which states: ¿Approval is subject to compliance with the 15 foot clear view triangle area for the driveway,¿ subject to the conditions as amended.