Board holds request for 6‑foot fence on East Rick Circle; applicant asked to return with neighborhood support

The Board of Adjustment on July 15 held a request to permit a six‑foot perimeter fence on East Rick Circle under advisement to the board’s August 19 meeting.

Background and applicant change: The application seeks a variance from the 4‑foot front‑yard fence limit to allow a 6‑foot decorative iron fence and gateway at a residence on East Rick Circle. The applicant withdrew an earlier request for an eight‑foot fence and returned with a revised proposal (maximum 6 feet) and reduced scope. The applicant said neighbors who had previously objected withdrew their opposition after being advised about a 2021 Texas law that constrains homeowner association deed‑restriction enforcement on perimeter security fences; the Board attorney advised that deed‑restriction questions are private law and do not control the board’s zoning determination.

Board discussion: Commissioners focused on whether the proposed fence would create a ‘canyon’ or negatively alter the neighborhood streetscape. Several members noted that, unlike tall hedges that many properties install by right, front‑yard fences set a visible precedent; the board asked the applicant to collect tangible neighborhood support. The applicant said he and the immediate neighbors had discussed the plan and that a neighbor across the street was supportive. Chair David Newman and other members urged the applicant to bring written letters of support and additional detail about the distance between curb and fence before the August meeting.

Outcome: The board voted 5–0 to hold the matter under advisement; the case will be placed high on the August 19 agenda to allow the applicant to return with additional correspondence and any refined plans.