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Oviedo LPA approves fence and tree deviations for Copperleaf homeowner
Summary
The Local Planning Agency approved deviations allowing a homeowner to place a backyard fence 10 feet from the side-street property line and to retain two large trees instead of three, with a planting condition.
The City of Oviedo Local Planning Agency on May 6 approved two deviations for a homeowner at 1668 Copperleaf Cove that will allow a proposed backyard fence to sit 10 feet from the corner-lot side-street property line and will permit the lot to maintain two large trees rather than the three required by the Live Oak Reserve development agreement.
Applicant Janet Hatch said the deviation would allow her family to install a gated fence that provides safer access to a backyard that her grandson uses; she told the panel the setback change would permit a gate location that avoids the covered porch and allows a lawn mower to pass into the rear yard. "The deviation requested is to provide for a rear yard fence with gates," Hatch said when introducing her request.
City staff summarized the application and the Live Oak Reserve standards. Staff said the requested 5-foot deviation is a 33% reduction from the required 15-foot corner-lot side-street setback under the development agreement and that the lot currently contains one large lot tree with plans to plant an additional one, leaving two large trees on the lot. Staff noted Live Oak Reserve’s PUD standards are stricter than the city's new LDC, which would require two large lot trees for a lot of this size; the applicant requested the deviation to avoid removing existing medium trees and because drainage and utility easements constrain buildable area.
Staff recommended approval with one condition: the applicant must plant shrubs or bushes and one medium tree from the Florida Friendly list along the south side of the lot. The LPA voted to approve the deviations and condition; the applicant’s Architectural Review Board previously reviewed the request, staff said.
The deviations granted are specific to the Live Oak Reserve PUD standards and were approved by the LPA; city staff explained that each deviation is evaluated independently under LDC procedures and that the LPA has final approval authority for deviations of this magnitude.
The action allows the homeowner to proceed with the fence and tree plan subject to the planting condition and any building-permit review steps that follow.
