DeKalb planning commission approves variance to keep existing 6-foot fence at 2324 Monticello Drive

The DeKalb City Planning and Zoning Commission voted June 16 to approve a variance allowing a 6-foot privacy fence to be reconstructed in a portion of the front yard of 2324 Monticello Drive, the property of Ed Davenport.

The vote followed a public hearing in which Davenport and a nearby neighbor said the taller fence provides safety for his swimming pool and for two large dogs. Planning staff recommended approval based on a demonstrated hardship tied to the house and lot layout, and the commission added a condition requiring additional landscaping between the fence and the sidewalk.

Davenport, the property owner, told the commission he is seeking permission to replace the fence “with the exact same style, height, and in the exact same location.” He said the house, which he bought in 2018, has a built-in swimming pool and limited rear-yard space; he also cited safety concerns because his male Doberman weighs about 130 pounds. “The 6-foot high fence is part of being respectful to all of my neighbors who enjoy their evening walks with their children,” Davenport said. He offered to add plantings to soften the fence’s appearance if the variance was granted.

Harold Greif, a neighbor who spoke in support, said he walks the area frequently and has not observed visibility or safety problems caused by the fence. “I know his Dobermans, as a neighbor, and I know that they would put their front paws on the fence and stare you right in the eye, and that would be intimidating to kids,” Greif said, adding that the fence also serves as a barrier around the pool.

Planning staff summarized the regulatory history and their recommendation. Staff said the fence was originally constructed in 2007 and met the code in place at that time; the city’s Unified Development Ordinance was revised in 2009 to prohibit privacy fences over 3 feet in yards abutting a street. Because the house is set well back on its lot and the pool is located where the rear yard is limited, staff concluded replacing the fence in its current location would meet the criteria for a variance. Planning staff stated that additional landscaping between the fence and the sidewalk along North Bridge Road should be added per the planning director’s approval to help screen the fence.

Commissioners debated whether to treat the replacement as a “new fence” under current standards or to give weight to the fence’s long-standing presence. Commissioners who spoke noted the fence has been visible to the neighborhood for many years and that staff received written support from nearby homeowners. The commission approved the motion to grant the variance, subject to the landscaping condition described in the staff report and shown in Exhibit A of the staff packet dated June 12, 2025.

The commission’s action was an approval by roll call; Becker, O'Flaherty, Enoch Graham, Wright, McMahon and Chair Maxwell all voted yes. The applicant must obtain the fence permit; staff said the landscaping should be installed after the fence is completed and that staff will work with the applicant on species and placement.

No fines, enforcement actions, or appeals were discussed at the hearing. The meeting moved on to other planning items for future meetings.