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Council grants conditional use permit allowing 6-foot privacy fence in front yard at 404 Circle Drive

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Summary

A conditional-use permit to allow a six-foot, fully opaque fence in a front yard at 404 Circle Drive was approved after staff explained the property’s unusual continuous front-yard layout and a zoning violation stemming from installation without a permit.

Winchester City Council on Tuesday approved a conditional-use permit that allows a six-foot-tall, 100% privacy fence in the front yard of 404 Circle Drive, despite the city zoning ordinance’s typical front-yard limit of four feet and 25% openness.

Zoning staff (presenter Aiden Davis) said the lot is roughly 0.21 acres and features a continuous front yard that wraps from front to side, making it technically all front yard. Staff reported that a fence was installed without a permit and that a zoning violation prompted the conditional-use permit request. The applicant cited the safety of a child with learning disabilities as a reason for installing the fence.

Why it matters: Winchester’s zoning ordinance restricts front-yard fences to 4 feet in height and 25% openness; the CUP grants an exception for an additional 2 feet of height and full opacity in this specific case. Council discussed opacity and setbacks, and staff clarified that fences can be on the property line and that corner side-yard rules also require 4 feet and 25% openness unless different standards apply.

Council action and conditions Council approved the CUP with conditions recommended by staff: the applicant must submit and receive a zoning fence permit; the fence shall not exceed six feet in height; and any future changes to the fence that exceed the ordinance standard (greater than 4 feet or more than 25% opacity) would require a new CUP. Councilors who spoke described the fence as improving safety for the applicant’s children and said it did not appear to negatively affect neighboring properties.

What the vote did The motion to approve the conditional-use permit passed during a roll-call vote. The council record shows approval; staff will process the required zoning permit paperwork and monitor compliance with the CUP conditions.