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Staff recommends denial of special-fence permit at 800 Elwood Drive; fence replaced without permit and sits within front-yard setback
Summary
Planning staff advised denial of a request to allow a 6‑foot board‑on‑board fence inside the 20‑foot front-yard setback at 800 Elwood Drive; staff found no undue hardship though photos show a long-standing fence and code enforcement flagged the unpermitted panel replacements.
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Planning staff recommended denial of Special Fence Plan 2025103 SFP for a six‑foot board‑on‑board fence placed within the 20‑foot front-yard setback along Mimosa Street at 800 Elwood Drive.
Staff said the property is zoned R6 (single-family) but is developed as a legal nonconforming duplex. Code enforcement discovered that fence panels had been replaced without an active permit; staff reviewed aerial imagery and Google Street View and reported a fence has occupied the location for many years (staff estimated the existing fence panels date to approximately 2003–2005). Nevertheless, the site faces a double-frontage condition: the corner lot carries a 25‑foot corner setback that applies both to Elwood and Mimosa, so a six‑foot fence at the property line conflicts with the required setback.
Staff also reported no undue hardship as defined by the fence-variance criteria and noted that departments raised no operational safety concerns. Two written support forms were on file and no written opposition was recorded. Commissioners asked whether alternative, more transparent fence styles (for example a 4‑foot fence with 50% visibility) could be installed at the property line; staff confirmed the code allows a maximum 48‑inch, 50%‑visibility fence at the property line if the owner chooses that option.
Staff recommended denial because the application did not meet all required findings for a special-fence permit. No final action was taken at the work session; the applicant may revise the request or present additional documentation at a future hearing.
