Board upholds Barnes’ front and side fence permit at 1581 Masonic with reduced height conditions

Neighbors appealed permits authorizing a front and side fence at 1581 Masonic, arguing the fence and foundation would create an overbearing wall and damage the streetscape and a neighbor’s setback garden. Appellants presented pictures and measurements showing the proposed element would sit prominently at the sidewalk edge and argued planning and setback rules were bypassed.

Permit holders’ counsel said the applications were reviewed over the counter with planning and building staff, presented photographs and precedent examples of tall fences in the area, and emphasized the proposed fence was lattice (75% open) above a low wall. Planning staff explained they measured allowable fence height from the top of an existing retaining wall — a common practice when a lot slopes and a retaining wall represents the effective grade — and said the design complied with code conditions, subject to the building‑permit review requirements.

Commissioners expressed concern about the fence’s effect at sidewalk level and the side yard tunnel effect for a neighbor. After extended public testimony and negotiation, the board voted to uphold the permits with two conditions: the front fence may not exceed 4 ft 2 in above the top of the existing retaining wall, and the side fence must be reduced by one foot (to 7 ft). The vote to approve the permit with conditions was unanimous (5–0). The board noted the exact measurement method would be applied by planning/building staff at the permit‑inspection stage.

The conditions are intended to preserve pedestrian scale at the sidewalk and reduce the blocking/tunnel effect on the adjacent property while allowing the permit holder to maintain security and landscaping improvements.