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Commission flags inconsistent fence‑setback language in Highland Lake district for follow‑up
Summary
Commission members identified conflicting setback language in the Highland Lake district regulations (one section referencing 2 feet, another 9 feet) and assigned commissioners to review the codified language and relevant history before taking an interpretation at a future meeting.
Planning staff brought an interpretation question about fence setbacks in the Highland Lake District to the commission after spotting conflicting language in the codified regulations. One subsection appeared to require a two‑foot setback for fences to allow maintenance; another subsection appeared to require a nine‑foot setback in some cases.
Commissioners noted the language is nuanced and may be an artifact of evolving code edits; they asked members to read section 4.15 b 3 in full and to return with recommendations. Commissioners also referenced prior litigation involving a solid 8‑foot fence on Lombard and Lake Drive as relevant precedent and noted that additional constraints (e.g., distance from the 100‑foot waterline and retaining wall rules) are already codified.
No formal interpretation was adopted; staff assigned the topic as homework and scheduled it for further discussion at a future meeting so the commission can clarify whether the requirement is 2 feet, 9 feet or depends on fence type.
