Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Fence Cup topic
No spam. Unsubscribe anytime.
Planning commission forwards 6‑foot front‑yard fence request at 44 Circle Drive to city council
Summary
The Winchester City Planning Commission voted to forward a conditional use permit (CU‑25‑225) that would allow a 6‑foot privacy fence in the continuous front yard at 44 Circle Drive, with conditions including submission of a zoning fence permit and a requirement that future replacements exceeding by‑right standards require another CUP.
The Winchester City Planning Commission voted to forward CU‑25‑225, a conditional use permit request by Kathleen Marie Tan, to city council with a recommendation of approval to allow a 6‑foot privacy fence in the front yard at 44 Circle Drive.
The request stems from a zoning violation after the fence was installed without a permit. Zoning staff told commissioners that the lot’s continuous frontage is treated as front yard under the Winchester zoning ordinance and that the city’s front‑yard standard allows 4 feet and 25% openness; the applicant seeks an exception for a 6‑foot, solid privacy fence. Planning Director Davis described the lot as “unique” because the front yard wraps around the property and said the CUP process is the only route to keep the existing fence in place rather than remove it.
Neighbors who spoke during the public hearing opposed exceptions to the ordinance on precedent and neighborhood character grounds. David Richmond (Ward 4) told the commission he preferred to keep the neighborhood consistent with the ordinance, saying, “I like to keep this neighborhood according to the ordinances if it's possible.” Several other residents raised similar concerns about allowing a solid six‑foot front fence in a predominantly unfenced area.
An adjacent resident, Deanna Piper, told the commission she was handling her late father’s estate and said she had “no objections” to approving what is already installed. Commissioner Blue noted details discussed in the commission’s work session and told the public the CUP applies only to this property, not the ordinance as a whole; Blue said the family had cited safety concerns, including “a child with developmental delays who keeps wandering off,” as part of the justification for the taller fence.
The motion to forward the CUP to city council carried. The commission attached three conditions: (1) submission and approval of a zoning fence permit; (2) the fence shall not exceed 6 feet in height; and (3) if the fence requires replacement in the future, any fence greater than the by‑right front‑yard allowance would require a new CUP.
Votes were recorded by roll call with all commissioners present voting in favor of forwarding the CUP to council.
The item now goes to Winchester City Council for a public hearing and final decision. If council approves the vacation, the applicant will still need the ministerial zoning fence permit required by condition before the fence is considered fully compliant.
The planning commission packet includes the applicant’s letter describing safety concerns and photos showing the fence installed without a prior zoning permit.
