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Plain Board of Zoning Appeals approves fence variance for 445 South Jefferson Avenue
Summary
The board approved Variance 25-9 to allow a 4-foot decorative rail fence beyond the front building line at 445 South Jefferson Avenue, citing pedestrian safety and the unusual setback of the primary structure; the approval followed staff recommendation and unanimous affirmative votes by voting members present.
The Plain Board of Zoning Appeals on Jan. 14 approved Variance 25-9 to allow a four-foot decorative fence to be constructed beyond the primary front building line at 445 South Jefferson Avenue.
Planning staff told the board the property is zoned B-2 (community business) and that under the code cited in the application (chapter 11 83 12, section d) new fences generally may not be built beyond the front building line. Staff said the primary structure on the property sits roughly 430 feet from the right-of-way, creating an unusual situation and a practical difficulty if the rule were enforced strictly. Staff recommended approval to allow the fence to re-establish a boundary between public and private areas and to improve pedestrian safety.
The applicant, who introduced herself at the hearing as "Erin Beitzel with Darby/Derby Creek Service(s)," said the installation of a new sidewalk and reworked drainage made the playground and petting-zoo area appear to be publicly accessible. "The main reason they were wanting to build the fence is because there was a new sidewalk installed ..." she said, adding the fence "will be 4 foot tall" and "tie into the existing fence" and that it "will be painted black to match the rest of the fence." Wayne Niesling, present as a site representative, said the new fence would match the existing rail style and provide the desired delineation.
Another witness who manages site operations said the fence would protect children who visit the play area and preserve prime parking used for the weekly "cruise in." "The big, big reason is not only to protect the children who come over to the play area and feeding the goats, but also the cruise in," the speaker said.
During questioning board members confirmed the existing fence is four feet tall and that the proposed fence would not interfere with the intersection visibility triangle. Staff noted the planned fence would cover roughly 255 linear feet and would not include wire mesh; the applicant confirmed the design would be a cross-buck (X-style) rail fence with visibility preserved at the corner.
The board read findings of fact under section 11.38.05 and agreed the variance would not be contrary to the public interest, is justified by special conditions, results from practical difficulties given the setback of the primary structure, would not substantially alter neighborhood character, and is based on need rather than convenience. A motion to approve the written findings passed with Mister Hogan, Miss McCoy and Miss Arnold voting yes.
A subsequent motion to approve Variance 25-9 passed with the same recorded affirmative votes (Miss McCoy, Mister Hogan and the board member listed in the transcript as "Miss Harper"). The hearing record shows the applicant had been listed in staff materials as "Aaron Beitzel" while introducing herself at the meeting as "Erin Beitzel;" the board record does not indicate further clarification beyond the application and the applicant's spoken identification.
The board adjourned following the approval.
