Board grants 8-foot fence variance along Kendrick Street in Golden citing grade and traffic visibility

The Jefferson County Board of Adjustment on Wednesday approved a variance allowing an 8-foot fence along portions of the north and west property lines at 3161 Kendrick Street in Golden, where the R1 zone generally limits fences to 6 feet.

Jamie Hartig, staff planner, said the property drops from about 5,580 feet at portions of the adjacent road to roughly 5,570 feet at the primary unit; Hartig told the board those grade differences mean a 6-foot fence on the lot performs like a shorter fence when viewed from the higher street grade and that staff found the elevation changes justified the 8-foot height to maintain privacy and limit traffic glare. Hartig recommended approval, noting notification requirements were met and staff received one written public comment that is included in the case packet.

Property owner and applicant David Holst testified that an older fence on the site had included an 8-foot corner and that the newly constructed fence last fall matched the original geometry. Holst described frequent vehicle staging, maintenance trucks and parked vehicles near the adjacent roadway and said headlights on the vertical curve direct glare toward the property. "The vertical curve and the elevation of the roadway are directing traffic right to the west edge of our home," Holst said, arguing the taller fence restores the privacy the older fence provided and reduces glare.

Board members asked whether the fence was newly constructed and whether there had been complaints; Hartig said the county received a complaint related to the new construction and that fence permits are not required. Members also discussed private restrictive covenants and homeowner association (HOA) rules; a county attorney staff member clarified that the county does not enforce private restrictive covenants or HOA covenants and that a zoning variance does not waive any private deed covenant.

After discussion the board voted to approve the variance (motion by Mister Johnson, seconded by Mister Milovic). The roll call was unanimous: Porter aye, Warrington aye, Milovic aye, Johnson aye and Chairman Ryan Lester aye. Staff directed the applicant to follow the conditions listed in the staff report and to work with the planner for next steps.

The approved variance applies to roughly 30 feet along the north edge and 36 feet along the western edge where the 8-foot height was requested; the board noted the fence replaces an earlier structure and is not adjacent to another residential parcel. The board’s action allows the taller corner segment to remain but does not alter or waive private deed restrictions that may exist on the property, which remain enforceable by private parties.