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BMZA denies corner-yard fence variance at Parkmont Avenue; owner told to choose by-right options
Summary
A BMZA request to install a six-foot fence on a corner lot at 12 Parkmont Avenue was denied after the board found the lot was not sufficiently unique to justify a variance; the owner was advised to move a taller fence inside the yard line or install a four-foot permitted fence at the lot line.
Baltimore’s zoning appeals board denied a variance on July 1 that would have allowed a six-foot fence to be placed along the corner side yard of a Parkmont Avenue property, ruling the homeowner had not demonstrated the legal standard of peculiarity and practical difficulty.
The applicant asked for relief from a provision that limits fence height in corner side yards; planning staff explained the code permits taller fences for interior side and rear yards but restricts corner-side heights to maintain visibility and a consistent streetscape. The homeowner and contractor said the existing fence was in disrepair and that foot traffic cut through the yard, creating a security issue.
Board members reviewed the site photographs and lot geometry. The panel concluded the lot shape and topography were not materially different from other corner lots in the block and that a six-foot fence on the lot line would remove a large portion of usable backyard space but could be achieved, in significant part, by moving the fence inward along the house line without needing a variance. The board emphasized that variances are meant to be rare and that, under the code, a four-foot fence at the lot line or a six-foot fence set back along the house line would be permitted.
The board voted to deny the variance and told the homeowner the written denial would be issued, along with advice about next steps, including building a by-right fence set back inside the required yard or seeking a legislative change through the city council.
Ending: The board will issue a written denial; zoning staff suggested the owner can pursue a permitted fence that meets the corner-yard height limit at the lot line or install a full six-foot fence moved inside the required yard depth to comply without a variance.
