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Board of Adjustment denies fence-height variance for 7211 Ridge Oak Road
Summary
The Board of Adjustment denied a requested variance to exceed fence-height limits at 7211 Ridge Oak Road after neighbors and board members raised concerns about precedent, neighbor consent and the fence—s measured height.
The City of Austin Board of Adjustment on June 9 denied a request to allow a taller privacy fence at 7211 Ridge Oak Road, concluding the application did not meet the requirements for a variance and noting broad neighborhood opposition.
Homeowners Katie and Rafael Reyes sought relief to allow parts of a newly constructed fence to exceed standard height limits; their packet requested up to 8 feet 4 inches in certain locations. The board rejected the request after testimony from multiple neighbors, a discussion of city code and rescinded HOA involvement.
In her presentation, Katie Reyes said the lot—s finished-floor elevation and the proximity of neighboring two-story homes created an unusual visibility problem into her living spaces that the standard 6-foot fence did not address. "This elevation difference combined with the proximity of neighboring two story homes ... creates a significant visibility into our yard and living spaces," Reyes said.
Opponents disputed the claim of a unique hardship and criticized the process. Rear neighbor Travis Wyckoff said he did not receive prior notice and that the fence as built measured taller than the applicants claimed: "They requested 8 foot 4, but measured from my side of the fence in the natural ground, it's actually 9 foot 6 inches," Wyckoff said. Nancy Ellis, another neighborhood resident, said she was concerned about the precedent of allowing higher fences across the neighborhood: "I'm concerned about the precedent. ... We—re gonna end up with a neighborhood that—s all 8 or 9 foot fences everywhere," Ellis said.
Board members noted code provisions: the standard maximum for a property-line fence is 6 feet, with the Land Development Code allowing up to 8 feet in limited circumstances when adjacent owners consent; other code passages cited 7-foot allowances in particular topographic situations. Staff and the applicant told the board the city inspector had recommended bringing the case to the Board of Adjustment for any height above the inspector—s guidance.
Board member Michael Von Olin moved to deny the variance; Vice Chair Melissa Hawthorne seconded. In roll call the board voted to approve the motion to deny; the chair announced the variance is denied and told the applicants they have 10 days to file for reconsideration with new evidence.
The hearing included testimony that the applicant—s HOA provided an initial, conditional approval but later rescinded that approval and directed the owners to seek relief from the Board of Adjustment. The board also discussed whether a stepped fence or other adjustments that follow the topography could address privacy needs without exceeding code limits.
The board—s order denies the requested fence-height relief. Staff told the applicants they may seek reconsideration or revise the fence to comply with code and pursue enforcement or administrative remedies if neighbors request it.
