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Board grants 1-foot fence variance at 1201 Magnolia Grove for slope-related privacy concerns

2395823 · February 25, 2025
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Summary

The board approved a one-foot variance to allow an 8-foot privacy fence at 1201 Magnolia Grove, citing the property’s slope as the basis for relief from the standard height limit.

The Montgomery City Historic Preservation Review Board approved a one-foot variance to allow an 8-foot fence at 1201 Magnolia Grove, granting relief the homeowner said is needed to address a steep yard slope and visibility from nearby streets.

Applicant Cassie Warren told the board the backyard has experienced break-ins and that the slope at the property makes the current allowed fence height less effective for privacy; she provided a sketch showing the requested location. Board members said similar variances have been granted where topography, not neighboring windows or traffic, creates the need and recommended that any approval be explicitly tied to the property’s slope.

One board member moved to approve the variance “as submitted” based on the slope of the property; the motion was seconded and passed by voice vote. The board recorded the relief as a one-foot variance (from a 7-foot limit to an 8-foot fence) and noted the approval was based on the specific site condition rather than on safety concerns or crime reports.

The homeowner may proceed with the approved fence but should follow any permit and construction requirements administered by city staff.