On July 9, 2025, the Plain Board of Zoning Appeals approved variance 25-6 to allow a 4-foot black aluminum fence at a corner lot in the Darby Station neighborhood, with a modification limiting the fence to extend no more than 10 feet from the home's rear corner on the side facing Speedliner Drive.

Planning staff described the application as a corner-lot fence request for the property identified at 1767 Slippery/Speedliner Drive. The applicant proposed a 4-foot fence that would extend approximately 12 feet out from the house toward Speedliner Drive and also extend forward toward Slippery Rail (the presentation described this as two separate nonconforming segments within a single project). Under the current code, those areas are treated as front yard and would be limited to a 3-foot transparent fence; the applicant requested a 4-foot fence and the board treated that as an area variance for both the height and the forward extension.

Staff noted a number of contextual points: (1) many recent Darby Station requests have sought similar 4-foot fences; (2) a reserved stub and 30-foot easement exist behind the lots and could eventually be developed; and (3) a proposed zoning-code change under review would shift some setback rules (a 15-foot setback from the right-of-way) but that change is not in effect and could not be applied to the current application.

The applicant explained her motivations in the public-hearing portion, saying the household sought an enclosed yard for family and a dog: "we had a dog, and we were just trying to have yard, backyard. We have grandson. We're trying to have space for him," the applicant said.

Board members discussed consistency with prior approvals, whether the requested forward extension was substantial, and practical issues such as the location of a water spigot and access gates. The board debated whether to tie the fence line to the house's rear corner and whether to allow the full 12-foot extension requested. Several members emphasized consistency with previous grants that typically limited forward extensions to about 10 feet from the rear corner of the house.

The board approved the variance with modifications: the permit is limited to a 4-foot-tall fence and to extend no more than 10 feet from the rear corner of the home where the fence ties into the house's side facing Speedliner Drive. The motion to grant the variance with those modifications was made by Miss McCoy and seconded by Mister Hogan; the voice votes recorded in the transcript were in favor (Miss McCoy: yes; Mister Herriman: yes; Mister Rhodes: approved with modifications). The approval included direction that the permitted fence must not obstruct required access to meters or utilities and staff recommended that the depth be aligned with the rear corner consistent with prior board practice.

Because the new zoning code is not yet in effect, the board said the decision applies under current rules and does not rely on the proposed code changes. The board recorded conditions to preserve access to utilities and recommended the applicant coordinate with staff on exact placement and required permits.