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BZA upholds citation over 8-foot front-yard fence at Main Street property
Summary
The board upheld a citation for noncompliance with a prior variance condition requiring an 8-foot fence be brought in line with the front line of the primary structure at 60205 Main Street; appellant was not present and had submitted written responses asking for accommodations.
The St. Joseph County Area Board of Zoning Appeals on Sept. 10, 2025, upheld a zoning enforcement citation issued for a privacy fence at 60205 Main Street, concluding the owner failed to comply with a prior variance condition requiring that the taller front-yard portion be aligned with the primary structure's front line.
Brandy Ecker, legal counsel for the board, explained that the appeal was an administrative review of a citation issued on Feb. 12, 2025, for failure to comply with conditions imposed by a 2021 variance decision. The property owner, Dominic D. Archuleta, was not present; the appellant had requested and been granted a reasonable-accommodation process to submit written responses because of health-related circumstances. Those responses and other correspondence were included in the board packet and read into the record.
Ecker and staff summarized the enforcement timeline: the board in December 2021 granted some relief but denied the portion of the variance that would have legalized an 8-foot front-yard fence; staff sent multiple violation warnings and, after continued noncompliance, citations beginning in 2024. The appellant's written responses acknowledged the 8-foot fence remained in place and said he had no intention of removing it because he considered it necessary for family safety.
A neighbor who lives immediately behind the property, Nicholas Gendron, spoke by Zoom and characterized the property owner as litigious and said he believed the owner was aware of filings because he had responded to mail and email. Staff reported the cumulative fines associated with repeated citations had reached $850 at the time of the hearing.
Board members discussed procedural questions — including the history of notices and the appellant's use of an accommodation to submit written material — and the options available: affirm the citation, reverse it, or modify the enforcement. After discussion, a motion to uphold the citation was made, seconded, and the board voted 7-0 to affirm the enforcement citation. The board directed staff to prepare written findings of fact and discussed drafting an affidavit letter related to the decision.
Action details: The BZA upheld the citation; staff will prepare the written findings of fact. Staff noted that enforcement actions may resume if noncompliance continues and that further citations could be issued following proper procedure.
