Pensacola homeowner ordered to seek variance for 8-foot backyard fence; compliance set for July 21 and court costs waived

A Pensacola hearing officer set a July 21 compliance deadline for an unpermitted 8-foot fence at 7635 La Grande Drive and waived court costs until that date, after the homeowner said he built the fence for privacy and to keep his dog from escaping.

Code enforcement staff presented a stop-work order dated March 27, 2025, issued by building inspector Juan Coto and said no building permit had been issued for the fence. Mr. Bilby said the notice of violation was served by certified mail on April 7, 2025, and that a notice of hearing had been posted on May 23, 2025. Bilby asked the hearing officer to find the property in violation of Section 12-11-5 of the Pensacola Municipal Code for commencing construction without a permit and recommended court costs and potential fines if not corrected.

Homeowner Daryl McBride Sr. told the hearing he and his family installed the taller section in November because of privacy and repeated conflicts with a neighboring property’s occupant. “Nobody said that we needed to have a permit, in the city,” McBride said, adding the total fence job cost $5,100 and that the company that installed it, Signature Fencing, may have ceased operating after the owner’s death. He said the 8-foot section is limited to the rear of the property, while other sections are 6 feet tall.

Bilby explained the city standard: for residential-to-residential property lines the allowed height is 6 feet 6 inches without a variance and that a variance process would be required to keep an 8-foot fence. He told the hearing officer that, because the fence exceeded the by-right height, the owner should seek a variance before a permit could be issued.

The hearing officer amended the original compliance schedule to give McBride time to pursue the variance and set the compliance deadline for July 21, 2025. The officer also waived the $200 court cost for now and said a daily fine of $25 would begin to accrue on July 22, 2025, if the matter was not resolved or otherwise extended. The hearing officer instructed McBride to coordinate with Mr. Bilby about variance procedures and to pursue placement on the next administrative agenda.

The record shows the stop-work order, photos taken by the building inspector, certified-mail return receipts, and an affidavit of posting for the hearing. The hearing officer indicated the matter would be revisited if compliance or an extension was not secured by the July 21 deadline.