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BZA grants fence variance at 3870 Broadway after board secures safety commitments
Summary
The Metropolitan Board of Zoning Appeals granted a variance for a tall fence at 3870 Broadway but required the petitioner to remove the top two boards around both frontages and cut fence posts so posts extend no more than one foot above the fence to preserve the clear-sight triangle and address child-safety concerns.
The Metropolitan Board of Zoning Appeals (Division 2) voted unanimously to grant a variance for a fence at 3870 Broadway, subject to board-imposed commitments meant to protect sightlines and child safety. Petitioners had asked to keep a 6½-foot fence that staff said encroached into the clear-sight triangle.
Resident Rebecca Garcia told the board the fence “is good, for the neighborhood and also for our family protection, mainly after the shooting that happened,” and said neighbors had submitted letters of support. Staff recommended denial, saying the fence appeared to be a self-imposed condition and posed a safety hazard because it intruded into the sight triangle.
During discussion, staff planner Eddie O’Nea said measurements showed the fence measured about 51 inches from grade at certain points and noted a recently added retaining wall would itself remain in the sight triangle even if the fence were moved. The board questioned whether a compromise could reduce the hazard without removing the retaining wall.
Board members and staff negotiated a compromise that the petitioner accepted: remove the top two boards on both frontages and cut fence posts so posts extend no more than one foot above the top of the fence. “If the petitioner were to remove the top 2 boards all the way across both frontages, staff would be willing to switch its recommendation,” O’Nea said; the petitioner agreed “for sure.”
Chair Craig Van Dalen said the board’s vote would be subject to that commitment; the board then voted to grant the variance with the conditions recorded in the minutes.
The decision resolves a contested enforcement matter by tying the variance to an explicit, board-enforced commitment to alter the fence. The board recorded the vote as Tom Barnes yes, Craig Van Dalen yes, and Beth Brandon yes. The petitioner will be required to file an affidavit of compliance as specified by the board’s rules.
