Winchester Planning Commission OKs conditional use permit for 6‑foot front yard fence at 44 Circle Drive

The Winchester City Planning Commission recommended approval on a conditional use permit (CU‑25) permitting a 6‑foot tall privacy fence in the front yard at 44 Circle Drive.

The request was presented by planning staff, who said the property’s shape makes the entire lot technically “front yard” and that the fence was installed without a permit. “This case did stem from a zoning violation as the fence was installed without a zoning fence permit,” planning staff noted, and explained that the city’s rules normally limit front‑yard fences to 4 feet and 25 percent openness.

Neighbors who spoke during the public hearing were split. Deanna Piper, who identified herself as handling her father’s estate and living near the property, said she had “no objections” to approving the fence as installed. David Richmond, a Ward 4 resident, urged the commission to follow the ordinance: “A no fence neighborhood is very, very typical of The United States, and I’d like to keep it that way.” Eric Braithwaite (Ward 3) and Kate Kristen (Ward 1) also spoke in opposition, saying they worried approving one exception could set a precedent.

Commissioners discussed the special circumstances in the packet and at the work session and noted the family has said the fence was installed for safety reasons. Commissioner Blue summarized the Commission’s scope: “this is a conditional use permit for just this property. We are not talking about changing the entire ordinance.” Blue added the application packet included a letter explaining the family’s concerns and said the family reported a child with developmental delays who had wandered off in the past.

The commission’s motion recommended forwarding CU‑25 to City Council with a recommendation of approval and three conditions: submission and approval of a zoning fence permit; the fence shall not exceed 6 feet in height; and if the fence requires replacement in the future any fence greater than the ordinance’s by‑right limit would require another CUP. The item passed on a roll call vote with all voting members recorded as voting yes: Vice Chair McMillan; Commissioner Pfeiffer; Commissioner Bennett Ward; Commissioner Bloom; Commissioner Diggs; Commissioner Ferrell; and Chairwoman Burnett.

The proposal now moves to Winchester City Council for public hearing and final action. The commission’s recommendation does not change the city’s fence standard for other properties; it applies only to the 44 Circle Drive parcel and includes the requirement that future replacement above the by‑right limits will need a new CUP.