Magistrate gives homeowner 90 days to fix front-yard fence after city drops permit allegation

A special magistrate in Flagler Beach ordered the owners of 1724 South Flagler Avenue to bring a front-yard fence into compliance with the city's front-yard height rule within 90 days, after the city withdrew the allegation that the installation lacked a permit.

The matter, listed as case EEN20445, was presented March 26 by City Attorney Drew Smith and Code Enforcement Officer John Gifford. Gifford said the enforcement focus was the fence's height in the front yard; by city ordinance, fences in the required front yard must not exceed 4 feet. Smith told the hearing the city was withdrawing the portion of the notice that alleged a lack of permit and would not press that issue.

Respondent Joy Massey McGrew, who said she has lived on the property for 43 years, described the property's long fence history: an original field fence when the parcel was bought in the late 1950s, a 4-foot chain-link…