Local Planning Agency approves setback deviation for Oviedo Cemetery fence

The Local Planning Agency on May 26 unanimously approved a right-of-way setback deviation to allow a 4-foot aluminum fence to be developed on the west property line of the Oviedo Cemetery, staff said.

The request, filed as project 25-00212-dev and presented by Rhett Wilson, sought a two-foot variance to the standard two-foot setback for fences of this height. Wilson identified himself as a member of the Methodist church that owns the cemetery and said the applicant is represented by Central Florida Equity Builders. "The main issue here is the CMU columns not having the setback requirements ... they're going to impede on grave sites if we don't get that two‑foot variance," Wilson told the board.

Staff told the Local Planning Agency that the application represents a 100% deviation from the two-foot right-of-way setback required for fences four feet tall or less under the Land Development Code. In its findings staff said multiple existing graves are located within inches of, and in one case almost completely above, the west property line; several old-growth canopy trees are also close to that line; and the cemetery has experienced informal parking spillover during Oviedo High School football games, including instances where vehicles parked on or near graves. To avoid disturbing graves and to protect trees, staff recommended approval with one condition: the applicant must plant a large canopy tree from the Florida‑friendly list to reinforce the canopy and beautify the site.

During questions board members and staff confirmed that even if the fence were built to the property line, the plans showed roughly 17 feet to the edge of pavement because the public right-of-way includes a grass area. Staff said cars would still be able to park on that grass but the setback deviation will reduce the risk of vehicles inching onto graves. A motion to approve the deviation (Oviedo project 25-00212-dev) was made and seconded; the motion carried by voice vote. The record also lists a parcel identifier for the application as given at the meeting.

The deviation approval included the planting condition; no individual roll-call vote totals were recorded in the meeting record, only a voice vote indicating the motion carried. The Local Planning Agency did not attach additional mitigation beyond the canopy-tree condition, and staff noted the requested deviation is the minimum necessary to avoid disturbing graves and trees.

The Local Planning Agency moved on to its next agenda item after the vote.