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Andover zoning board denies 8-foot rear-fence variance at 308 West Coop Lane
Summary
The Board of Zoning Appeals denied an applicant’s request for an 8-foot rear fence in an SF-2 residential zone, concluding the request did not meet required variance findings; the 4–1 decision can be appealed to district court.
The Board of Zoning Appeals voted 4–1 to deny a request to replace and raise a backyard fence to 8 feet at 308 West Coop Lane, concluding the applicant failed to show the property met the specific legal criteria for a variance.
David Westfall, the city zoning administrator, told the board that the property is zoned SF-2 and that an 8-foot fence is not allowed outright in residential zones. He said staff did not find a unique physical condition on the property that would justify a variance and noted that topography and other typical conditions did not create a practical difficulty required under the city’s variance standards.
Applicant Tim Wagner said he has lived at the address since 2005 and sought an 8-foot fence for privacy because adjacent rental units overlook his yard. Wagner told the board he had talked to nearby neighbors and that some other Andover properties have 8-foot fences. “It’s become kind of a nuisance as far as privacy…we’ve got guys that are sitting in the back in their kitchen with no shirts on,” Wagner said in explaining his privacy concerns.
Board members reviewed the required variance factors and disagreed with Wagner’s argument that the circumstance was unique. Commissioner Dan Colson moved that the chair be authorized to sign a resolution not granting the variance, citing failure to meet the findings required by the zoning regulations; the motion carried on a 4–1 vote. One member dissented.
Westfall advised that the appropriate appeal for actions of the Board of Zoning Appeals is to the district court. Wagner said he accepted the board’s decision but disagreed with it.
The board’s written resolution will document the legal findings and the denial; any further appeal would proceed to district court under the timelines set by statute.
