Boerne zoning board approves 8-foot fence variance at 405 Watt Street, citing neighborhood context and privacy concerns

The City of Boerne Zoning Board of Adjustment and Appeals on an unspecified date approved a variance, 5-0, allowing an 8-foot fence on the side and rear yards of 405 Watt Street (Irons and Gram Addition, Lot 185A). The board voted to “accept the findings and approve the variance request” as presented to the board and limited by the front-yard/building-line provisions.

City planner Ben Simmons presented the application on behalf of applicants Scott and Jessica Miller, describing the 0.212-acre property in R2M zoning and explaining that the request would allow an 8-foot fence where the Unified Development Code (UDC) limits side and rear yard fences to 6 feet unless one of several exceptions applies. Simmons said 67 notices were mailed to properties within 500 feet and the city received 11 written responses in favor. He also noted photos of neighboring alleys with fences taller than 6 feet that were permitted before the current UDC took effect and said, “To preserve safety, fences 8 feet and taller required engineered plans with the city.”

Applicant Scott Miller told the board the variance was driven primarily by an RV parked on an adjacent lot that he said obstructed privacy and view, and by lights and noise from nearby properties. “We feel it is consistent with the neighborhood,” Miller said, adding that neighbors’ fences in the area are often taller than 6 feet.

Frankie Linder, assistant planning director, told the board the subject property did not meet the UDC’s enumerated exceptions (UDC §4.4.B.2) that would allow a higher fence by right. Linder said code enforcement had investigated the adjacent RV complaint, closed the case and determined the situation was within compliance: “It was within compliance and it was closed.” Linder also confirmed that if a homeowner replaces a fence in full they must meet the current 6-foot standard unless a variance is granted, and that engineered plans are required for fences 8 feet and taller.

Board members debated whether to table the matter to obtain additional clarity from code enforcement on whether the RV was legally allowed to remain. Several members said the code-enforcement determination and the distinction between an enforcement refusal and an affirmative finding of compliance were material to the hardship analysis. The board was reminded that appeals of code-enforcement decisions follow a different advertised process, and that the variance request itself must be decided on the evidence presented at the public hearing.

After deliberation, a board member moved to approve the variance “to accept the findings and approve the variance request” as presented; another member seconded. The motion passed unanimously, 5-0. The board chair and members indicated approval met the required supermajority (four of five voting members) for a variance. The approved action allows an 8-foot fence along the side and rear yards up to the front building line; the board and staff noted engineered plans would be required for any fence 8 feet or taller and that front-yard fence limits remain governed by the UDC.

The board and staff separated the variance decision from any independent code-enforcement questions about the RV. Staff instructed that if residents wished to pursue an appeal of code-enforcement findings, that process and associated notice would be handled separately.

Key factual points from the hearing: the lot is 0.212 acres at 405 Watt Street; 67 nearby property owners were notified; staff received 11 written responses in favor; neighboring alleys contain fences constructed prior to the current UDC that exceed 6 feet; engineered plans are required for fences 8 feet and taller; code enforcement had investigated the RV and closed the case as within compliance. The board approved the variance by a 5-0 roll call. The board did not attach additional conditions beyond the requirements in the UDC (engineered plans for 8-foot fences and adherence to front-yard limits).