Avon BZA approves variance to leave privacy fence in drainage easement at Village Place Townhomes

The Town of Avon Board of Zoning Appeals voted unanimously during its meeting to approve VAR25‑04, allowing a privacy fence to remain within a drainage and utility easement behind the Village Place Townhomes. The board attached the approval to the findings of fact presented by staff and required substantial compliance with the site plan shown to the board.

Staff said the fence sits about 2 feet inside the south property line of the townhome common area and does not block the buried storm pipe or inlets. Paul Taylor, planning staff, told the board that the Department of Public Works “have no objection to the location of the fence” and that stormwater in the swale is designed to flow east–west, not north–south.

The request required the board to find five criteria for a variance had been met under state law and the town's Unified Development Ordinance (UDO). Taylor said staff was confident the first four findings were satisfied — that the fence would not be detrimental to public health or adjacent properties, that a practical difficulty exists, and that the relief requested is the minimum necessary — but expressed concern about the fifth finding. He said that the need for the variance may have been caused by the owner or developer because the fence appears to have been installed without a town permit.

Petitioner representatives and the board discussed technical details: staff reported the buried pipe varies between 15 and 18 inches in diameter; the fence runs roughly along the south property line near County Road 900 and Willis Way; and landscaping within the easement may be subject to removal by Public Works if maintenance is needed. No members of the public signed up to speak during the public-hearing portion of the item.

Commissioner Catherine Ransberg made the motion to approve the variance “because it will meet all the requirements for a variance of development standards under state law and subject to the approved findings of fact.” Commissioner Ann Inman seconded; the vote was unanimous.

The board's approval allows the fence to remain but preserves the town's ability to require access for maintenance of the drainage infrastructure if necessary. The board did not impose an additional timeline for any reconfiguration or relocation beyond the requirement that the fence substantially comply with the approved site plan.