Title:
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Board of Adjustment Appeal - Appeal of the Board of Adjustment decision approving a request for a fence height variance from six and one-half (6½) feet to eight (8) feet in the R-1 (Single Family Dwelling) district; more particularly known as 10032 Bear Lake Road; (Paul Askew, Appellant) District3 - Constantine (Angi Gates, Planner)
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Division:
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Development Services - Planning and Development
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Authorized By:
Rebecca Hammock, Development Services Director
Contact/Phone Number:
Angi Gates/407-665-7465
Background:
Summary
Amy Wheeler, the property owner located at 10032 Bear Lake Road and Applicant, originally submitted for two (2) variances. The original requests were for: (1) a fence height variance from four (4) feet to eight (8) feet; and (2) a setback variance from thirty (30) feet to eight (8) feet to the Normal High-Water Elevation for a fence that exceeds four (4) feet in height on a natural water body.
On June 24, 2024, the Board of Adjustment approved a fence height variance from six and one-half (6½) feet to eight (8) feet outside of the required thirty (30) foot rear yard setback from the (NHWLE) in the R-1 (Single Family Dwelling) district; with conditions as set forth in the Approval Development Order, attached hereto as Exhibit A. The Board of Adjustment denied the second variance request noted above for a setback variance from thirty (30) feet to eight (8) feet to the Normal High-Water Elevation for a fence that exceeds four (4) feet in height on a natural water body.
Paul Askew, the Appellant and objector, whose property is located at 10026 Bear Lake Road, is directly to the south of Ms. Wheeler; filed a Notice of Appeal of the Board of Adjustment Decision on July 10, 2024, attached hereto as Exhibit B. Mr. Askew appeared at the Board of Adjustment Hearing on June 24, 2024, in opposition to the variance request.
Background Details
The original variance request for ninety-three (93) linear feet of an eight (8) foot tall privacy fence, with a requested rear yard setback to the Normal High Water Elevation of only eight (8) feet; if approved, would have allowed an eight (8) foot fence to encroach twenty-two (22) feet into the required thirty (30) foot rear yard setback for a fence exceeding four (4) feet in height from the Normal High Water Elevation.
The Board of Adjustment approved the fence height variance but denied the request for any portion of the eight (8) foot privacy fence to encroach into the required thirty (30) foot rear yard setback from the Normal High-Water Elevation. Once the Board of Adjustment denied any encroachment into the rear yard setback, the remaining request was a fence height variance from six and one-half (6½) feet to eight (8) feet.
Section 30.14.19 of the Seminole County Land Development Code states:
(b) Residential zoning classifications: fences and walls are limited to a maximum height of four (4) feet within the front yard and side street setbacks and six (6) feet six (6) inches within the side and rear yard setbacks except as provided in (f) of this section. In the case of corner lots, the lot shall be considered to have a front yard or yards on any side or sides abutting a road right-of-way.
(f) Setback distance requirements will be as follows:
(4) Any fence, wall, hedge, planting (except plants defined as shoreline vegetation in Florida Administrative Code 62-340-450), or other obstruction adjacent to a natural water body is limited to a maximum height of four (4) feet. Any fence or wall greater than four (4) feet must be located a minimum distance of thirty (30) feet from the Normal High-Water Elevation of a natural water body. Building permit applications for fences or walls adjacent to a natural water body must include a certified survey no less than five (5) years old indicating the Normal High-Water Elevation.
In reviewing the variance criteria, the Board of Adjustment found that the requested height variance for the fence was consistent with the variance criteria in Section 30.3.3.2(b) of the Seminole County Land Development Code.
Staff initially recommended denial of the fence height variance to (8) feet high for the entire length of the fence. However, the decision of the Board of Adjustment left the portion of the fence, outside of the NHWE setback, remaining. This portion of the fence, which is allowed to be six and one-half (6 ½) feet, was approved at eight (8) feet. Based upon the following findings staff is recommending approval of the amended variance request of a fence height variance from six and one-half (6 ½) feet to eight (8) feet.
Staff Findings:
In the variance criteria narrative included in the application, attached to this agenda packet as Exhibit D, the Applicant stated that her home was built in 1959 and her neighbor’s home was built in 2007 and sits four (4) feet higher than her property due to a change in elevation. Thus, her property has a special condition that is not a result of any actions taken by her. She also stated that a six (6) foot fence does not provide the same level of privacy, protection, and security in her back yard due to the difference in elevation between the two properties and granting the variance would not result in a special privilege, only the same level of privacy commonly enjoyed by other properties which have adjacent homes on the same elevation level. Further, she testified at the Board of Adjustment hearing that the eight (8) foot fence would provide her with the safety and security she felt was necessary from her neighbor.
Requested Action:
Staff requests the Board uphold the decision of the Board of Adjustment to approve a fence height variance from six and one-half (6½) feet to eight (8) feet in the R-1 (Single Family Dwelling) district.