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Board rejects 8-foot backyard fence variance in Altamonte Springs-area lot
Summary
The Board of Adjustment denied a request to allow an 8-foot privacy fence at 230 Francis Drive after members concluded the petitioner had not demonstrated the hardship required under county code.
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The Seminole County Board of Adjustment voted 3-1 to deny a variance request for an 8-foot fence at 230 Francis Drive, which lies in unincorporated Seminole County adjacent to Altamonte Springs.
The applicant, represented at the hearing, said privacy concerns and an incident of people watching children in a backyard pool motivated the request: “...we have a pool area, like, real close to. And sometimes those neighbors watching our daughters when they are in the pool, we want to, you know, prevent that,” the representative said through a translator.
Planning staff explained that the county Land Development Code limits residential side and rear yard fences to 6½ feet and front-yard fences to 4 feet; the request sought an increase to 8 feet. Staff reported no prior variances for the property.
Board members concentrated on the legal standard for a variance and whether the facts presented established a hardship. “Code is demonstrating a hardship to the homeowner,” said Board member Mister Beagley while explaining he was struggling to identify a hardship beyond a neighborhood dispute. After discussion, a motion to approve failed and a motion to deny passed 3-1.
The board informed the applicants they may appeal the BOA decision to the Seminole County Commission; staff offered to assist with the appeal process.
The record shows staff had found no prior variances nearby and reiterated that fence-height limits are set by the Seminole County Land Development Code.

