DRB grants variance for taller rear fence at 120 Main Street because of unique grade conditions

The Essex Junction Development Review Board on April 17 granted a variance to allow a property owner at 120 Main Street to construct a level stockade fence that will vary from seven to seven‑and‑a‑half feet at the rear property line, exceeding the six‑foot maximum normally permitted.

Owner Chris Bond (applicant) explained the request by pointing to unique topography: grade differences between his lot and the neighboring parcel at 35 Jury create a situation in which a level fence on his lot will appear taller from the lower grade. Bond told the board he seeks a level stockade fence to maintain privacy and to avoid extensive earthwork to regrade the yard. The board reviewed the statutory variance standard in 24 VSA § 4469 and heard staff and the applicant describe how the site’s physical characteristics meet that standard.

Staff reported conversations with the applicant and noted public safety and maintenance considerations: the applicant said he needs reasonable access to maintain the fence and the property and that the proposed layout avoids excessive excavation. Board members inspected the topography in their review and discussed how the fence will be perceived from Main Street and the adjacent parcel. The applicant confirmed the existing nonconforming fence on the neighbor’s side will remain; the new fence is proposed slightly on the owner’s side of the shared property line.

After reviewing the five statutory variance criteria, the board found the application satisfied the standard and approved the variance. The motion to approve the variance (per 24 V.S.A. § 4469 criteria) carried unanimously.

Next steps: The applicant will obtain permits and construct the fence in conformance with the approved variance and the details recorded in the decision.