In a recent government meeting, the Board of Zoning Appeals discussed a variance request from Steve and Tana Stuck concerning their property at 4372 East Patterson Road in Beavercreek, Ohio. The applicants are seeking permission to keep an existing 10-foot fence in the front and side yards, as well as an 8-foot fence in the side and rear yards, which were constructed without the necessary permits.
The discussion highlighted that the city’s zoning regulations limit fence heights to 6 feet, with exceptions only for industrial districts. The Stucks' request is notable as it seeks a height increase of up to 67% beyond the standard limit, which has not been approved in the past 25 years for any residential properties in Beavercreek.
City staff indicated that the fence's height and orientation—where the horizontal support members face outward rather than inward—could significantly alter the character of the neighborhood. The request was prompted by a complaint regarding the fence's excessive height, leading to an investigation by code enforcement. The staff noted that the fence's construction was perceived as uncharacteristic of the area, which typically adheres to the 6-foot height limit and standard fence orientation.
The Board evaluated several criteria, including whether the property could yield a reasonable return without the variance, the substantiality of the request, and potential impacts on neighboring properties. Staff concluded that denying the variance would not prevent a reasonable return for the Stucks, and granting it could adversely affect the neighborhood's character.
The meeting underscored the ongoing tension between individual property rights and community standards, as the Board deliberates on whether to uphold the city's zoning regulations or grant the requested variances. The outcome of this case could set a precedent for future fence height requests in Beavercreek.