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Commissioners approve compromise on 8‑foot fence at Bear Lake Road after neighbor appeal

Seminole County Board of County Commissioners · September 10, 2024
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Summary

After public testimony from the property owner and a neighbor who appealed, the board upheld a Board of Adjustment decision with a compromise that allows an 8‑foot fence only to the neighbor's rear building line and then steps down, passing 3–2.

The Seminole County Board of County Commissioners heard an appeal Sept. 10 from neighbor Paul Askew who objected to a Board of Adjustment decision allowing an 8‑foot fence at 10032 Bear Lake Road. Angie Gates, planner with Development Services, summarized the variance history and staff recommendations; the BOA had approved an 8‑foot portion outside the normal high‑water setback while denying a related setback variance.

Paul Askew told the board he opposed an 8‑foot fence where it would block his lake view and presented photos and a “photoshopped picture” to illustrate the impact. He also offered a compromise: allow the 8‑foot fence beginning at the corner of his back porch and running between the homes, preserving his lake view from his porch while giving the owner privacy. Askew said he had a police report disputing an allegation of assault that had been referenced in earlier hearings.

Applicant Amy Wheeler and a neighbor, Cheryl White, urged approval, saying the fence was needed for privacy and safety. Wheeler said previous hedges had been trimmed and that she would not accept Askew’s compromise.

After extended questioning about a concrete/retaining wall and the exact building‑line locations, Commissioner Constantine moved to accept a compromise that will allow an 8‑foot fence up to the rear building line of the neighboring property (yielding a stepped finish from 4 to 6.5 to 8 feet in places) and directed staff to determine precise placement. The motion passed 3–2.

The action preserves an 8‑foot privacy solution in part while limiting its reach so that the neighboring owner retains lake views in the front portion of the yard.