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Commission approves fence warrant for corner lot at 3108 Bob Lane
Summary
The commission granted a warrant permitting a six‑foot cedar fence on a corner lot in the Merritt Village form-based neighborhood after staff confirmed the property had HOA and city permits but the fence did not meet the form‑based-code front‑fence materials and height standards.
The Planning & Zoning Commission granted a fence warrant March 25 allowing a six‑foot cedar fence on a corner lot at 3108 Bob Lane in the Merritt Village subdivision.
Staff explained Merritt Village is in a form-based new‑neighborhood district where corner‑lot side fences are treated as front fences and the code generally requires lower, metal picket fencing along side streets to preserve walkability and visibility. Liliana (staff) told the commission that staff had issued a building permit for the fence, but later discovered the structure did not meet the form‑based-code standard and therefore required a warrant before the board.
Homeowner Ezra Auerbach told the commission he received HOA approval on Nov. 8, 2024, submitted the permit application to the city and was issued permit number 24‑005842 on Dec. 11. He said the fence was built between Dec. 30 and Jan. 3 in reliance on both HOA and city approvals and that the fence was intended to improve privacy and security for his young child; he also said the fence was set back to preserve visibility at the adjacent corner.
Commissioners asked about timing and whether the fence was constructed after the house was occupied; staff confirmed the home had been occupied and the permit was issued before construction but that the form-based-code warrant requirement was missed in the review sequence. Commissioner Pollard noted staff had handled a similar, nearby case and described the situation as an implementation/coordination issue.
Commissioner Pollard moved to approve the warrant; Commissioner Hernandez seconded. The motion passed by recorded vote (transcript reports the motion passed 6–0). The homeowner thanked the commission; staff will note the warrant approval and close the permit file.
