Woodstock council grants fence variance for 107 Rote Mill Road after applicant cites written agreement with city

The Woodstock Mayor and Council on July 28 voted 5-0 to grant a variance allowing a 5-foot (60-inch) ornamental fence and associated knee wall at 107 Rote Mill Road while preserving an earlier condition requiring a dedication and payment for sidewalk improvements.

City planner Hannah Menard told council that staff found the submitted fence does not meet the downtown fence requirements in the Land Development Ordinance, which limits fence height between the street facade and the street to 40 inches. She said staff had recommended denial because the height “serves as a convenience to the applicant rather than a true hardship.”

Applicants Erin and John Grigsby told council they purchased the last vacant lot in the historic overlay to build a single-family historic replica after the previous house was demolished. Erin Grigsby said the couple accepted a written city offer to donate two feet of frontage along Rote Mill and to provide $2,820 for sidewalk improvements, and that they “relied on that agreement going forward for every decision we made.” She told the council the family had revised plans and repeatedly amended the fence at staff request, incurring time and expense, and asked the council to “please honor this agreement.”

Several nearby residents and neighbors spoke in favor of the project, citing community support, walkability and safety. Dennis Conway (who introduced himself as “coach”) said he supported expanding the greenprint trail and praised city accessibility work. Neighbor Rodney Strickland said the taller ornamental fence would add security and improve neighborhood appearance.

The planning commission had recommended approval with conditions that included: (1) granting the variance but specifying it would not apply if the property were converted to commercial use; (2) memorializing the previously discussed dedication of property and funds for sidewalk improvements; and (3) requiring that the fence not be constructed until house construction began. Council members retained the dedication and safety conditions (including that any perimeter fence used as a pool barrier meet state building code requirements and include an aux box for emergency access) and adopted the planning commission’s other recommendations, but amended the timetable for construction so the fence may be installed simultaneous with house foundation work rather than waiting until the entire house is completed.

Council members said the case showed a lengthy, expensive process for a single-family homeowner and urged staff to avoid informal binding agreements by email in the future. The motion to approve the variance was made by Council member Potts and seconded by Council member Aik; the council vote was recorded as 5-0 in favor.

The Grigsbys stated they intend to begin work immediately if the council’s decision stands.