Council approves fence‑opening variance for Harper Road property after split planning commission vote

The Solon City Council on Monday approved two zoning variances for 5200 Harper Road requested by Andy and Kelly Markowitz, including a 14‑foot, 3‑inch side yard setback variance for a pool and decking and a 25% aggregate fence opening variance.

The Planning Commission had recommended approval of the variances by a 3–1 vote. At the council meeting, Mr. Matt McHugh of McHugh Design Group appeared on behalf of the applicants and agreed to the Planning Department and Engineering Department requirements.

Council members debated the fence openness. Councilman Bentley explained he had been the lone “no” vote at the Planning Commission and said he routinely defers to the police chief on openings that affect sight lines. “The police chief looked at this, said, I would like you to vote with the way, keep the code the way it is and enforce the code. So that's why I voted no,” Bentley said.

Other councilmembers said the fence proposal retained enough opening for visibility and that past approvals had allowed similar solutions. Councilman Zellwein and others said they were comfortable with the application; Councilman Zellwein noted prior similar approvals around the city.

Councilman Bentley moved to approve the 14‑foot, 3‑inch side yard setback variance for pool decking; the motion was seconded by Councilman Zellwein and passed on a roll call with all voting yes. Bentley then moved to approve the 25% aggregate fence opening variance; his motion was seconded by Councilman Pilunas. The roll call for the fence variance recorded Bentley voting no and the remaining members voting yes; the variance passed.

The council record notes the Planning Commission’s approval was contingent on compliance with Planning Department and Engineering Department memos dated April 8 and April 9, 2025, and that the applicants agreed to add screening where required. Council discussion identified no additional conditions beyond those memos.