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Commission approves variance for 4‑ft corner fence at 104 Preakness Drive, directs clarity on 50% 'open' rule
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Summary
Planning staff recommended approval of a variance to allow a 4‑foot fence that is roughly 30% open at 104 Preakness Drive; commissioners approved the variance unanimously and asked staff to clarify the UDO definition and permitting diagrams for future fence permits.
The Oswego Planning and Zoning Commission recommended approval of a variance to permit a 4‑foot tall fence in the corner side yard at 104 Preakness Drive that does not meet the Unified Development Ordinance’s 50% openness requirement. Staff reported the constructed fence is approximately 30% open and recommended granting a variance.
Staff explained the code requires corner‑side fences taller than 3 feet to be at least 50% open to preserve sight lines for pedestrians and vehicles; the installed fence measures about 30% open, and the inspector identified the discrepancy during the post‑construction inspection. Contractor Steve Goll of Paramount Fence testified that municipal interpretations differ and that permit diagrams and definitions vary by community.
Commissioners expressed concern about inconsistent interpretations and about inspection timing. Staff acknowledged an interpretation error and said they would return with clarified permit language and an example diagram so fence vendors and homeowners can demonstrate compliance before construction.
A motion to accept the findings of fact and recommend approval of the variance carried on a roll‑call vote; all commissioners present voted in favor. The commission directed staff to draft clearer permit instructions and diagrammatic examples to avoid future confusion.