Resident requests taller front-yard fence on Emigration Canyon Road; commission defers to July

A resident, identified in the meeting record as applicant Emily Plew, asked the Emigration Canyon Planning Commission on June 12 to approve exceptions to the local fence ordinance so she can install a cedar front-yard fence along Emigration Canyon Road to create privacy and a buffer from heavy bicycle and motorcycle traffic.

Plew said the home at the noted address was purchased two years ago and that she has installed landscaping and an outdoor patio; she described two design options and asked for three specific exceptions: allow a privacy screen exceeding the normal 40-inch height limit for up to 900 square feet of patio area; an exception from the ordinance's 5-foot minimum horizontal articulation requirement in favor of alternating slat widths and post heights; and an exception from the 20-foot setback rule so the fence could sit roughly 9 feet from the edge of the pavement. "That part of the road is heavily trafficked with bicyclists and motorcyclists, especially on weekends," Plew said. "It makes being out in the front yard nearly impossible." She said the fence would sit atop a boulder retaining wall and be about 9 feet from the pavement in most places.

Commission members asked technical questions about the property line and right-of-way and recommended evidence the commission can use to confirm exact setbacks. Plew said she had contacted the county and would obtain a private survey if necessary. Commissioners recalled that right-of-way mapping for the canyon road has been requested previously, and they said staff research on right-of-way extents would be useful in evaluating this and similar requests.

Design comments focused on visual impact and wildlife movement. Several commissioners praised "option B," a simpler horizontal design and darker stain; one commissioner said the B option "mellows out" the house facade and that the proposed height would provide privacy and some sound buffering without significantly blocking wildlife movement. Commissioners suggested planting shrubs in front of fence panels to break up long, solid runs of fencing and to soften the streetscape as plantings mature.

Operational concerns were raised about the proximity to the bike lane and about large rocks that could interfere with winter snow-plowing; Plew said she would remove the rocks if necessary and does not expect regular parking in the shoulder beyond occasional guest use. Commissioners also emphasized the need to confirm whether any portion of the proposed fence would sit in the public right-of-way; if so, easements or other agreements could be required.

Because the item had not been posted with 24-hour public-notice timing referred to in commission practice and on the advice of legal counsel, the commission did not take a final vote. The commission agreed to place the application on the July agenda as a formal action item, request a staff report and additional review by staff and commissioners before that meeting, and defer any decision until those materials are available. "Let's make this an action item for next month and make sure that we are appropriately proper in our respects with respect to this application," one member said during the meeting.

The commission expects a staff report and supplemental materials at the July meeting; no final decision was made on the fence exceptions during the June session.