Owners of 3870 Broadway ask for more time after staff flags sight-line and right-of-way issues

The Metropolitan Board of Zoning Appeals Division 2 continued a petition by Carlos Garcia and Martha Rivas (case 2025DV2-019) seeking to retain a 6.5-foot fence on a corner lot at 3870 Broadway Street. Petitioner representative Rebecca Garcia asked for a continuance after staff and board members raised questions about how fence height is measured on a lot with a retaining wall and whether the fence encroaches on the right of way and the clear sight triangle.

Staff said the site is a corner lot in a B-5 district and that the proposed fence exceeds the ordinance height for front yards (3.5 feet) and also encroaches into the clear sight triangle and the public right of way. Associate planner Kaya Mullins explained that, under the ordinance, height is measured from the sidewalk grade in the presence of a terrain change; even accounting for a two-foot height tolerance tied to grade change, the top peaks would remain out of compliance.

Petitioner Rebecca Garcia said the fence was installed after a nearby shooting and that neighbors provided letters in support, arguing the fence increases safety and privacy. She said architects had recommended material changes to increase visual permeability while maintaining safety.

Board members questioned whether the fence should be measured from the inside (behind the retaining wall) or from the sidewalk grade, and whether a guardrail requirement for the retaining wall would affect permissible fence height. Staff said measurements are taken from the interior lot grade when determining compliance but noted that the fence as built still appears to exceed allowable heights. Staff recommended denial but agreed to help the petitioner identify possible fixes.

The petitioner agreed to a continuance to allow staff to confirm measurements, consider alternatives such as changing materials for greater visibility through the fence, and resolve right-of-way questions. The board voted to continue the petition to the board’s next hearing.

Discussion points included fence height measurement on a retaining wall, clear-sight-triangle safety concerns for drivers and pedestrians, the distinction between inside and sidewalk grade for height measurement, and the petitioner’s willingness to alter fence materials. The board acknowledged the petitioner’s safety concerns tied to a nearby shooting but emphasized visibility and right-of-way rules.

What happens next: Staff will investigate site measurements and advise the petitioner on options (material changes, partial removal, or reconfiguration). The petitioner will return at the continued hearing with clarified measurements or proposed fixes.