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Planning board grants temporary front‑yard fence variance for homeowner citing veterans disability

Planning Board of the Borough of Kenilworth · June 24, 2025
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Summary

The board granted a medical‑accommodation variance for a front‑yard fence at 25205 North 17th Street, conditioned on moving the fence back to a specified setback, filing a survey and permit, and making the allowance nontransferable to future owners.

The Kenilworth Planning Board granted a variance to allow a front‑yard fence for the homeowner at 25205 North 17th Street after hearing testimony that the applicant's spouse has service‑connected disabilities and that a fence improves the family's sense of safety.

Quincy Rodriguez Harrison said he and his wife purchased the home in good faith and submitted a letter from the local Veterans Affairs office documenting significant psychological distress tied to being exposed in the open front yard. "We are asking for a reasonable accommodation," Rodriguez Harrison said, presenting the VA letter and a prior similar board decision as context.

Board members probed site details and sight lines, noted that portions of the existing fence appear to be within the municipal right‑of‑way, and discussed precedent concerns. Several members said they were sympathetic to the medical testimony but wanted to avoid a permanent change to the borough's front‑yard standards for future owners.

After deliberation the board set conditions for approval: the fence must be relocated to a specified setback (board discussion centered on a 25‑foot setback from the property line/right‑of‑way), the applicant must submit a survey and permit application, building and zoning requirements must be met, and the board directed that the accommodation be limited to the current property owner and not automatically transferable to subsequent owners. The board also required that a final resolution reflecting the conditions be prepared for the September meeting.

The board instructed staff to draft a resolution containing the setback, the nontransferability clause and a permit submission timeline; the applicant was told to work with staff on the survey and follow the subcode process to secure final approval.