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Board approves Elmhurst corner-lot variances and 6-foot fences for new house
Summary
The Louisville Metro Board of Zoning Adjustment approved variances to allow a new two‑story house at 2400 Elmhurst Ave to encroach 3 feet into both the infill front and street‑side setbacks and to permit 6‑foot privacy fences in the front and street‑side yards after staff recommended approval and neighbors debated sightlines and privacy.
The Louisville Metro Board of Zoning Adjustment on June 17 approved three variances and two related fence‑height requests for a corner lot at 2400 Elmhurst Avenue, allowing a principal structure to encroach into infill-required front and street‑side setbacks and permitting 6‑foot wooden privacy fencing in both the front and street‑side yards.
Planning staff described the request as a small encroachment from required front and street‑side infill setbacks — a 3‑foot variance where the front requirement is 32 feet and the street‑side requirement is 12 feet — and a 2‑foot fence‑height variance from the 4‑foot standard to the requested 6 feet. Mark Pinto of the Office of Planning said staff found the variances “adequately justified for approval based on staff’s analysis found within the standard of review.”
Applicant Justin Mullins told the board he is building a two‑story home with a garage oriented toward Elmhurst and needs the 6‑foot fence and setback relief to provide a usable backyard and privacy for his family. “That 6‑foot fence will allow me to act as a barrier for traffic,” Mullins said, describing nearby pedestrian and liquor‑store activity he said raises safety concerns for his 11‑year‑old son.
Neighbors opposed the front‑yard fence. Louise Davis, who owns the adjacent property where an existing fence sits, said she opposed bringing a 6‑foot fence to the front setback because it would obstruct views at the Elmhurst–Dyer corner and change the block’s character, where front yards generally have 4‑foot fences.
Board members considered breaking the request into three votes — the two infill setback variances together, the front‑yard fence, and the street‑side fence — before approving each item based on staff findings and testimony. After motions and seconds, the board voted to approve the infill variances and to allow the 6‑foot fence height in both the front and street‑side yards, as described in the staff report and the revised site plan shown at the hearing.
The approvals include the setbacks and the fence‑height relief only; any construction remains subject to building‑permit review and survey verification of property lines. The board’s action was limited to the variances and binding conditions stated on the record; no further land‑use changes were authorized.
