Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Variance topic
No spam. Unsubscribe anytime.
Board approves variance to omit masonry columns on fence at 1005 Marylinger Court
Summary
The Franklin City Board of Zoning Appeals approved a variance allowing portions of a privacy fence at 1005 Marylinger Court to be built without masonry columns where sewer and utility easements prevent columns every 50 feet, after staff found the variance met zoning criteria and the applicant agreed to install columns where feasible.
The Franklin City Board of Zoning Appeals on July 17 approved a variance permitting portions of a privacy fence at 1005 Marylinger Court to be constructed without masonry columns where sanitary sewer and utility easements prevent the required columns.
Staff told the board the property is zoned Regional Commerce 4 and noted two prior BZA approvals for the site: a September 2023 approval locating the proposed principal building 225 feet from the front lot line and an April 2025 approval allowing a 7-foot fence in the front yard. Staff said the zoning ordinance requires masonry columns every 50 feet for fences serving nonresidential uses, but Water and Sewer and Engineering department comments prevent masonry columns within five feet of a sanitary sewer easement and generally within a public utility and drainage easement along the southeast/rear property line.
“Staff recommends that the Board of Zoning Appeals move to approve the variance request to allow a portion of events serving a nonresidential use to be constructed without masonry columns for the property located at 1005 Marylinger Court because the criteria for granting a variance have been met,” staff said during the presentation.
Staff analyzed the three variance criteria and recommended approval, saying the lot’s orientation, existing building setback and the location of easements make the lot unique (criterion 1); requiring columns outside the easements would create unusable space and impose a peculiar practical difficulty (criterion 2); and the omission of columns where easements prevent them would not substantially impair the intent of the zoning ordinance given limited visibility and proposed screening (criterion 3). Staff also noted the applicant will install masonry columns every 50 feet where there are no easements to comply with ordinance requirements where possible.
Applicant Andy Dennis, who identified himself for the record, said he had no additional comments beyond staff’s presentation but added, “The only other request would be to eliminate the requirement for the columns altogether. Just for the sake of the fence, it looked kinda odd with only a third of it. But other than that, no.”
No members of the public spoke on the item during the public-comment period.
Board member Scales moved to approve the variance, Board member Beams seconded, and the board voted unanimously to approve. The record shows votes in favor by board members Beams, Scales, Langley, Smith and Flushauer.
The variance allows the fence to be built without masonry columns only for the portions located within the sanitary sewer easement and the utility and drainage easement; masonry columns will be required at the ordinance frequency where easements do not interfere.
Board approval concludes the BZA action on this permit-level variance; any building permits and construction must still comply with other department requirements and permit reviews.
Ending details: The applicant may pursue a permit reflecting the approved variance and must follow any additional conditions in subsequent permit reviews mentioned by Water and Sewer or Engineering.
