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Board denies request to keep an over‑height side fence at 1214 13th Avenue
Summary
A request to keep and increase a side‑yard residential fence to 8'9" at 1214 13th Avenue was denied after staff and board members concluded the lot and circumstances were not exceptional and the fence was installed without a permit.
The Green Bay Zoning and Planning Board of Appeals denied a variance request to allow an eight‑foot‑nine‑inch fence along the side property line at 1214 13th Avenue.
City staff told the board that residential side and rear yard fences are limited to 6 feet in height under section 44‑450 and that the applicant’s fence was placed without a permit; staff said the current fence measured about 7 feet 6 inches and that the applicant sought to raise it further to 8 feet 9 inches. "For residential properties for either a side or rear, the max height for a fence would be 6 feet in height," staff said.
Applicant Doreen (surname in the packet varies) said she and her husband bought the neighboring property from a church and installed the fence for privacy because, she said, people could look into the kitchen. She acknowledged the pergola/carport feature attached to the fence had been removed and that they did not obtain a permit for the fence.
Board members applied the five‑factor test and repeatedly concluded there were no exceptional circumstances that would support relief. Several members suggested cutting the fence down to the 6‑foot limit or seeking other code‑compliant solutions; the board moved to disapprove the request and voted to deny it.
The applicant was advised about compliance steps and the option to pursue other approvals if circumstances change.
