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Historic Preservation Board pauses decision on after‑the‑fact fence and hedge at 301 Southwest Second Street

5215072 · July 7, 2025
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Summary

The board deferred action after hearing staff recommend denial of an after‑the‑fact 7‑foot fence and synthetic hedge at the Chemistry nightclub; the property representative asked for a continuance so the board could inspect the site.

The Historic Preservation Board postponed a decision on an after‑the‑fact installation of a 7‑foot horizontal wood fence with a synthetic hedge assembly at 301 Southwest Second Street (case UDPHP25009), a property in the Himarshe Historic District now occupied by the Chemistry nightclub.

Staff reported the fence and hedge assembly exceeded the design guideline limit for fence height (36 inches) and eliminated visibility into the site, a requirement intended to preserve the pedestrian experience in the commercial area. The staff report concluded the application did not meet the ULDR criteria and recommended denial unless conditions (including moving the assembly and landscaping) were met.

The property owner’s representative, Kevin Berman, said the tenant installed the assembly for crowd control and safety; he described the site as a high‑traffic entertainment area where the tenant faced “limited crowd control” and sought to manage queuing and security. Board members expressed divided concerns: some emphasized precedent and neighborhood visibility, others acknowledged security and operational problems cited by the property representative.

Multiple board members asked for a site visit and additional information. The property representative agreed to a continuance. A motion to postpone the decision to the next meeting passed unanimously to allow the board to view the property and obtain supplemental evidence and proposals for mitigation.