Zoning board denies variance for 6-foot privacy fence at 1041 Tenth Avenue North

The Clinton Zoning Board of Adjustment voted to deny a property owner’s request to install a solid 6-foot privacy fence along North Eleventh Street at 1041 Tenth Avenue North. Property owner Evan Jones petitioned the board for a variance so he could place a 6-foot vinyl privacy fence roughly 10 feet from the northwest corner of his garage along the Eleventh Street frontage, saying the fence would protect his children, pets and equipment from heavy foot and vehicle traffic. “The reason why we would like to have this fence is to protect our young children from Eleventh Street, protect our animals from Eleventh Street,” Jones said at the hearing. The board’s denial rested on the text of the city’s zoning ordinance and state variance criteria. Staff and board members cited the city ordinance provision that treats any lot side that fronts a street as a front yard on corner lots and bars privacy fences in front yards. During a legal review, Mr. Broom, identified in the meeting as legal counsel, told the board they must determine whether enforcement of the ordinance causes a practical difficulty unique to the property and whether granting a variance would alter the character of the neighborhood, referencing Iowa Code section 414.12 and changes implemented by House File 652. Board members said the petitioner did not meet the statutory tests. After discussion and a roll-call, the board concluded the property’s status as a corner lot was not unique in the city and that the practical-difficulty standard was not satisfied; members then voted down a motion to grant the variance. The chair told the petitioner the request was denied. Staff described options available to Jones without a variance: install a 4-foot see-through fence (wrought iron/chain link) or a 3-foot solid fence meeting a 75% openness requirement to the property line, or pursue a right-of-way permit that would allow placement closer to the sidewalk under a hold-harmless agreement. Staff also noted the petitioner could seek a city council amendment to the fence ordinance to change how the rule applies to corner lots; staff offered to put Jones in contact with a council member to pursue that route. Staff additionally observed that the shed on the Eleventh Street side appears to be located in a front yard and may not meet the zoning ordinance’s location rules. The board’s decision leaves the petitioner with these options: build a conforming fence (4-foot see-through or permitted 3-foot solid), seek a right-of-way permit with hold-harmless conditions, or pursue a citywide ordinance amendment through the city council. No variance was granted, and no monetary penalties or further enforcement action were announced at the meeting. Board members and staff emphasized the distinction between what residents may find reasonable on an individual property and what the ordinance permits across the city. The board adjourned after completing the vote and related discussion.