Board splits on fence variance at Prospect Street auto lot; petition continued

A petition to legalize an existing perimeter chain-link fence taller than allowed and partially within required clear‑sight triangles at 2360 Prospect Street was continued after an indecisive vote by the board.

Daniel Newton represented owner Linda Thompson and told the board the site has been in the family for decades and that the new fence significantly reduced thefts and homeless encampment activity. He said the fence installation was costly and that neighbors had not complained.

Planning staff recommended denial. Staff recounted that the site is a corner lot in a C4 district with adjacent multimodal facilities, including a bike lane and proximity to the Pleasant Run Greenway. Staff said Google Maps imagery shows the new chain‑link fence installed in 2022–2023 and that the fence exceeds the ordinance height limit for front yards (maximum 3.5 feet) and uses chain link material that the ordinance disallows for front yards. Staff also identified clear sight triangle encroachments at the Prospect and Keystone intersection and referenced a 1995 use variance and existing nonconformities noted in an open violation case (VIO23-005132).

Board discussion considered splitting the ballot into separate votes for (1) clear‑sight triangle encroachment, (2) height and fence material, and (3) front‑yard material prohibition. The petitioner asked not to split if it would be infeasible. The board recorded a split vote: Brian Hannon voted yes, Joanna Taft voted no, and Rhianna Binder voted no. Because the panel requires unanimous action, the petition was continued to the board's July 15 hearing for further consideration and potential revisions to address sight‑triangle concerns.

Staff advised the petitioner that denial of the fence variance could simplify bringing the site into overall compliance with landscaping and other commitments from the 1995 variance.