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Commission approves variance to allow 8‑foot fence at 318 S. 7th with conditions and 6‑month permit deadline
Summary
The Livingston City Commission granted a zoning variance for 318 South 7th Street to allow an 8‑foot privacy fence in the side yard with conditions limiting the front‑setback portion to 5 feet, requiring a building permit and a six‑month deadline for submitting a complete permit application.
The commission approved a variance request for 318 South 7th Street on Feb. 17, allowing property owners Tom and Lisa Kits to install an 8‑foot privacy fence along the southern lot line with conditions intended to protect sight lines and neighborhood character.
Planning Director Severson reviewed zoning code constraints: residential fences taller than 6 feet are treated as structures and cannot be placed within required setbacks. Severson recommended conditional approval permitting 8 feet only between the rear property line (the alley) and the foremost edge of the house, and limiting any fence within the front yard setback (between the house and the sidewalk) to 5 feet in height. He also recommended that a building permit be required for the entire fence so the city can confirm final location and compliance.
Severson told the commission he believed the variance would not grant a special privilege because similar taller fences exist in parts of town and some predate current code. He said enforcement of the 6‑foot rule would impose an "unnecessary hardship" on the applicants given the property‑specific constraints, and that with the recommended condition the variance would be "in harmony with the general purpose and intent" of the zoning code.
Applicant Lisa Kits told the commission the request stems from safety concerns and constraints on where the fence can be located because of an underground gas line near the property boundary. Several nearby property owners spoke for and against the variance, citing neighborhood character, light and sight‑line concerns, and precedent. The city reiterated that an email demanding $3,900 for a permit was a scam and should not be paid.
Following deliberation, Commissioner Willich moved to approve the variance with staff conditions and an added requirement that the applicants submit a complete building permit application within six months; Commissioner Daniels seconded. The motion passed unanimously by roll call (5–0). The conditions recorded by staff include the 8‑foot limitation to the side yard area described above, a maximum of 5 feet in the front yard setback (measured relative to sidewalk grade), and the building permit requirement; staff recommended six months to submit a complete permit application (deadline suggested: Aug. 17, 2026).
