Board of Zoning Appeals grants 6-foot fence variance for Andover Crossing Apartments

The Board of Zoning Appeals granted a variance to allow a six‑foot privacy fence at Andover Crossing Apartments, 415 South Sunset Drive, concluding the application satisfied the board’s required findings.

City zoning staff described the apartment complex as built in the 1990s and now surrounded on three sides by public streets (Sunset Drive and Founders Parkway) and a private commercial driveway. Staff said the changed street pattern created practical difficulties for the owner and recommended approval of a six‑foot solid privacy fence for security and screening.

Dan (commissioner) read the five required findings of fact to the board. Staff recommended the board find that: the property’s surrounding street pattern created a practical difficulty; the fence would not cause material detriment to neighboring properties; it would not unduly reduce light or air or create public-safety risks; the request was not solely for profit; and the variance would not run counter to the spirit of the zoning regulations.

Gary Israel moved that the chairperson be authorized to sign a resolution granting the variance for case BZA-B25-0002; the motion was seconded and passed. The board directed that a resolution be prepared and made available to the applicant as soon as reasonably possible and no later than 45 days from the hearing. Board members noted the applicant provided an illustrative image of the fence location but was not in attendance at the hearing. The board did not specify materials for the fence beyond the applicant’s request for a solid privacy fence; staff said the material had not been specified in the record.

Under the board’s directions, a party aggrieved by the decision may appeal to district court to determine reasonableness within 30 days after the resolution is signed and filed with the zoning administrator.