Westminster council upholds denial of fence at Sheridan Park business lot

Westminster City Council on Oct. 27 denied an appeal seeking to amend the official development plan (ODP) for a vacant lot in Sheridan Park so the owner could install a 4.5-foot, residential-style wooden fence.

The applicant, who owns the lot identified as Sheridan Park Filing No. 6A, Block 3, Lot 3, told council the property had long been littered with trash and dog excrement and that the fence was necessary to protect workers and potential tenants from unsanitary conditions and theft. “Every square foot was covered in dog excrement,” the applicant said during public testimony, describing months spent cleaning the parcel and the costs he incurred to pursue the permit process.

Planning manager John McConnell told council the city’s code requires an approved site-specific ODP before a property can be used or improved. “No property can be used or developed and no building permits issued, including fence permits, unless there is an approved ODP,” McConnell said, summarizing staff’s legal and design review. Staff concluded the wooden residential-style fence, its materials and its proposed location were not compatible with the commercial character and design standards of the Sheridan Park ODP, which allows office uses and has a consistent commercial aesthetic.

The item was first administratively reviewed and denied by staff. The applicant appealed to the Planning Commission, which denied the appeal. Council heard the applicant’s presentation, staff’s analysis and public comments before taking a final vote. Councilors noted that fences in commercial areas are typically metal picket or masonry designs tied to an overall development plan; staff provided photographs of those common treatments and cited the city’s long-standing practice and ODP standards.

The council vote to deny the appeal was 7-0. The motion on the council floor read: “Deny the appeal of the Planning Commission’s denial of an application for the official development plan amendment for Sheridan Park Filing No. 6A, Block 3, Lot 3,” and staff recommended denial on the grounds that the submittal did not meet the approval criteria in Westminster Municipal Code Section 11-5-15.

Council members and staff suggested next steps for the owner: work with planning staff on an alternative design that meets commercial design standards (for example, a commercial-grade metal picket fence or masonry screening), provide a survey to clarify easements and mailbox locations, and pursue a site-specific development plan if commercial development is intended. McConnell noted fences can be approved in conjunction with full site development plans and that utility easements and right-of-way locations must be reflected on a survey if fence placement is to cross or adjoin them.

The applicant said he had spent roughly $4,000 on fees and mailings associated with the application and that he had paid a security company to patrol the lot. Council members repeatedly encouraged him to continue working with staff on designs and solutions compatible with the ODP.

The denial preserves the Planning Commission’s earlier decision and leaves the property subject to the current ODP requirements and city design standards. The council’s decision does not prevent the owner from returning with a revised proposal that addresses staff concerns.