Board denies fence setback variance at 401 Devon Drive; requested 1-foot setback would have reduced usable yard space

The Board of Zoning Adjustments denied a petition July 10 from Virginia Foster of 401 Devon Drive for a variance that would allow a fence to be built closer to her rear property line than zoning requires. Foster asked for an eight-foot variance so she could place a 4-foot metal fence nearer the property edge to create a safe, enclosed yard for children and pets; she said the finished fence would still be at least about 15 feet from the curb. The request drew questions about visibility, tree roots and whether approval would extend to future fence types. Foster told the board she and her husband are veterinarians and recently moved to the area; she said Alabama Power had approved work near overhead lines at the rear of the lot. She said the proposed fence would be a four-foot, black metal design and that “we purely want it just for a safety thing for dogs and kids.” Staff clarified that variances are normally approved or denied as presented, and a board member noted that approving the request as submitted would not automatically allow a later change to a privacy-style fence. The board voted on a motion to approve the case as presented, including the proposed fence style, but the motion did not obtain the four affirmative votes required by the board’s rules and failed. The chair announced the result and advised Foster she may contact planner Emily Harris Miller with questions. Board members asked about how much yard area would be lost under the required nine-foot setback versus the one-foot setback sought; Foster said she did not have exact square-foot figures available at the hearing but that moving the fence closer would preserve more usable backyard for small children and would be set back from trees to avoid root damage. A staff member also asked whether the chain-link-style fence shown in the packet matched the proposal; Foster confirmed the black metal style submitted in her materials was the intended installation. The board’s prefatory remarks remind applicants that a variance, if granted, typically lapses after one year if construction has not begun and that a decision may be appealed to the circuit court within 15 days.