Board approves variance for 6-foot fence at 2010 Newfields Road, citing annexation history and access needs

The Germantown Board of Zoning Appeals approved a variance to allow a 6-foot fence to be located 26 feet from the front property line facing Deanwood Cove at 2010 Newfields Road.

Staff explained the property was annexed into Germantown after originally being governed by Shelby County rules, which had a 30-foot building setback; the requested fence would extend into the secondary front-yard setback on Deanwood Cove and, as proposed, sit about 36 feet from the curb. Staff said the applicant revised an earlier, larger request to reduce the encroachment and avoid conflicts with mechanical equipment located near the house.

Applicant Robert Whitehead of 2010 Newfields Road told the board his "biggest concern for my family was just ... access, that 6 foot variance along the driveway on the south side of the property to have access for lawn equipment and just easy access to the backyard from the driveway." He thanked staff for assistance and described the smaller variance as a practical solution.

Nearby resident Michelle Morgan said neighboring properties have similar fencing and that a new fence would be consistent with the character of the area. Board members who voted in favor described the request as a modest adjustment given the property's history and topography; the motion carried unanimously.

Staff advised the applicant to apply for the standard fence permit and follow the site plan and staff comments included in the packet. The board recorded approval on the basis of peculiar and exceptional circumstances related to lot configuration and past setback rules.