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Council grants variance for 6-foot privacy fence at 42 South Wall Street
Summary
Wilmington City Council granted a variance to allow a 6-foot wooden privacy fence at 42 South Wall Street after the applicant said the fence is needed for child safety; staff recommended approval and the council voted to grant the request.
Wilmington City Council granted a variance to allow a six-foot wooden privacy fence at 42 South Wall Street.
City staff reported the applicant sought a variance to Wilmington’s code to install a six-foot wooden privacy fence enclosing the property’s backyard, and cited five similar fences on the same block to support the request. Staff recommended approval after finding the application met the ordinance’s review criteria. "Given the findings from the application and without testimony and evidence that would establish a finding to the board that all the criteria for variance is not met staff of the commission recommends approval the variance request due to satisfying the review criteria and the review factors," a staff member said.
The applicant, Chloe Lopez of 242 South Wall Street, told the council she and her family moved into the home in October and did not know about the zoning restriction when they bought the property. She said the backyard is accessible from Clark Street and the family seeks a controlled area for children to play. "We just want our family to grow up. In Wilmington, this is a nice area," Lopez said.
Council members discussed site details including proximity to utility poles and maintaining clearance for garbage trucks and snowplows. Lopez said the fence line will not extend past the rear house line and that she will coordinate with the city and neighbors to leave space for maintenance and municipal services. A council member noted similar fences on the block appear to be set back about five feet and encouraged alignment with neighboring fences to allow mower access and service vehicle passage.
Angela Early moved to approve the fence variance; Paul Winters seconded. The council voted to grant the variance. The motion included standard conditions to avoid encroaching on public right-of-way and to maintain access for utilities and city services.
Votes at a glance: The council approved the variance to allow a 6-foot wooden privacy fence at 42 South Wall Street (applicant: Chloe Lopez) — outcome: approved.
Staff will follow up to confirm fence placement relative to easements, utility poles and service access before final permit issuance.
