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Board approves corner-lot fence replacement in Greenwood with public-works and sidewalk conditions
Summary
The Greenwood Board of Zoning Appeals approved variances allowing a replacement fence at a corner lot to exceed front-yard height limits and remain opaque, subject to an encroachment approval by the Board of Public Works and Safety and a requirement that no fence sit within 2 feet of a public sidewalk.
The Greenwood Board of Zoning Appeals on March 10 approved two variances (BZA2025-005) allowing replacement of a corner-lot fence at 26 Frost Lake that would exceed the front-yard height limit and the ordinance’s transparency standard. The board approved the requests 5-0 with two conditions recommended by planning staff.
Staff recommended approval but urged two conditions: that any encroachment of the fence over a drainage utility and sanitary sewer easement receive approval from the Board of Public Works and Safety, and that no fence be located within 2 feet of a public sidewalk. Staff noted corner lots have “double front” criteria that make the property unique in the staff analysis.
Petitioner John Haber said he was acting on behalf of his stepdaughter, the homeowner, and that the replacement fence would match the existing wooden picket style and would not increase the size or opacity beyond the current configuration. Haber said the fence needs full replacement rather than repair and that utilities were notified during the review.
Planning staff explained the encroachment process and advised the petitioner to seek approval from the Board of Public Works and Safety for the portion of fence running over the drainage/sewer easement. The staff presentation also described the sidewalk setback rule: “no fence shall be located within 2 feet of the public sidewalk,” a condition the board attached to its approval.
Board members admitted the evidence into the record and approved both variance requests with the two staff conditions. Mr. King moved for approval with conditions; Mr. Moll seconded; both motions carried 5-0. The board directed the corporation counsel to draft written findings of fact for adoption at the next meeting. Staff noted the petitioner must complete the encroachment process with Public Works and Safety before final permitting.
The board’s action allows the homeowner to replace the existing fence in its current location and form provided the encroachment and sidewalk conditions are met.
