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Council grants variance to allow 6‑foot fence at South Main property with conditions
Summary
The council approved a variance allowing a commercial-style 6‑foot privacy fence along a vacated alley at 601 S. Main, subject to conditions the Board of Adjustment recommended, including no outdoor storage and removal requirements if the lot becomes residential.
Lake Placid — The Lake Placid Town Council on March 10 approved a variance request by property owner Robert Marshall to allow a 6‑foot fence in the front-yard area of a parcel at 601 South Main Avenue. The Board of Adjustment and the local planning agency had forwarded the request to council because the requested fence height exceeded the Board of Adjustment’s permissible threshold for administrative approval.
What the council approved: After hearing staff findings and applicant testimony, council members approved the variance with conditions that mirror the Board of Adjustment’s recommendations: no outdoor storage in the fenced area; the fence must not impede emergency visibility lines; and if the property is later developed for residential use the nonstandard fence conditions would have to be revisited (the owner was told the fence would need to be removed if the property converts to residential use).
Why the variance was needed: The property is zoned R‑2 (medium‑density residential) but lies adjacent to commercial activity on Main Avenue and along a recently vacated alleyway; the applicant argued the vacated alley and security concerns justified a higher fence at the property line. Staff said a 4‑foot fence is permitted by right; a 6‑foot fence could be placed without variance only after a 25‑foot setback or on property zoned commercial. The applicant stated the fence is needed to prevent trespassing and to reduce liability at the back of his commercial building.
Council remarks and outcome: Council members debated visibility and enforcement concerns; the police chief and staff recommended that a lower fence and hostile plantings can deter trespassing, but council members who had sat on the Board of Adjustment had supported the variance. The motion to grant the variance carried in roll call votes.
Vote record: Following an initial motion to deny that failed, council passed a motion to grant the variance including the Board of Adjustment conditions. The second motion passed with an affirmative roll-call vote from Council members Eberhard (or Everhart in some minutes), Worley, Hayes and Charles and the mayor.
Speakers quoted in this story are listed below.
