Virginia Foster requested a variance on July 10 to place a fence closer to the property line at 401 Devon Drive, saying the nine‑foot setback required by the zoning code would unduly restrict her small lot and prevent creation of a safe, fenced play area for her children and dogs.

"We recently moved from Mayfair over to Devon, and we're really excited about our new house, but we also want to fence in the yard just to create a safe play space for kids and dogs," said Virginia Foster, the property owner at 401 Devon Drive. Foster said her lot is about 0.2 acres and she asked the board for an 8‑foot variance so the fence could be set closer to the property line while staying at least about 15 feet from the road. She told the board she had Alabama Power's approval for work near power lines at the rear of the lot.

Board members asked about the fence style and whether any approval would apply only to the chain‑link style shown in the application or would allow a future owner to erect a privacy fence. Staff and the applicant clarified that the approval being considered was for the specific style included with the application and that the applicant had no present intent to install a privacy fence. The board also questioned how the fence would be sited relative to tree roots; Foster said the contractor would take care to avoid damaging mature trees.

The board voted on a motion to approve the variance as presented. Roll call showed votes for and against; because the Board requires at least four affirmative votes to grant a variance, the motion failed and the request was denied. The chair informed the applicant of the denial and directed questions about next steps to staff contact Emily Harris Miller.

The applicant provided photos, a flag layout of the proposed line, and a sample of the proposed black metal fence. During discussion planners noted that any approval should specify the fence style if that was the board's intent. The denial leaves the nine‑foot setback in effect; Foster may revise the proposal or request a future hearing.