Commission denies request to retain front‑setback fence heights; orders fence lowered to 6 feet

The Planning Commission denied an after‑the‑fact request to retain multiple fence sections that exceeded the city's height limits and required the applicant to bring the fences into compliance.

Staff reported that inspectors discovered portions of newly installed fencing that exceeded the six‑foot height limit and that a separate section within the front setback exceeded the four‑foot front‑setback maximum. Because the commission has discretion for some height adjustments outside of front setbacks, staff proposed a resolution allowing the portions that fall outside the front setback to remain "as built" but requiring fence portions in the front setback that exceed four feet to be lowered prior to final inspection.

Commission discussion focused on whether the noncompliance was a narrow technical issue related to retaining wall thickness or a larger after‑the‑fact practice the commission should discourage. Commissioners expressed a strong preference against routine after‑the‑fact approvals and emphasized that applicants are expected to follow permit approvals and inspections.

Outcome - The commission voted to deny the after‑the‑fact approval for the non‑front‑setback height increases and directed the applicant to bring the fence into compliance with the six‑foot limit (seven‑foot trellis allowed where code permits) and required that fence portions within the front setback be reduced to no more than four feet. Roll call: Alborn — yes; Allen — yes; Locke — yes; LePage — yes. Motion carried.

Practical effect - The applicant must submit as‑built plans and lower the front‑setback fence sections that exceed four feet prior to final inspection; portions outside the front setback must be revised in accordance with the commission's direction and final inspection standards.