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Council approves fence‑height variance but orders fence moved out of road easement
Summary
The Wyoming City Council approved a variance allowing a six‑foot fence at 26744 Pilot Court but required the owners to move the fence out of a road easement after neighbors and staff said it obstructed access and was built without a permit.
Mayor Iverson and the Wyoming City Council on July 1 approved Resolution 250763 granting a height variance for a six‑foot fence at 26744 Pilot Court while adding a condition that the fence be moved out of the road easement.
The council took up an application from Kevin and Michelle Lettson after staff and the planning commission recommended approval of the height variance but recommended removing the portion of the fence that sits in the easement. Planning staff described the lot as atypical and explained that the fence was located within the area where the city’s front setback limits fence height to 48 inches.
Neighbor testimony prompted most of the discussion. Mr. Murdock, whose property shares the access easement, told the council that the fence pushed parking and turning onto adjacent driveways, forced delivery and trash trucks to back up and had blocked utility access. “The trash trucks can no longer come down because they have to back up,” Murdock said.
The applicant acknowledged he did not obtain a permit before building. He told the council he had searched online and believed a six‑foot fence was allowed; he called the error “a silly mistake” and said he would comply with council requirements.
Council members debated how far the fence needed to be moved to be outside the easement. After discussion, Member Schilling made a motion to approve the variance with the planning commission’s condition — that the portion of fence within the road easement be removed or relocated to be 33 feet from the center line/property line — and the council approved the motion with a second.
The approval preserves the owners’ ability to have a six‑foot fence so long as the portion in the future right‑of‑way is removed, and it places responsibility on the property owner to move the fence if access is required in the future. Mayor Iverson encouraged the neighbors to seek a cooperative resolution but upheld the planning commission’s recommendation and the condition the commission placed on the variance.
The council’s action is recorded in Resolution 250763. The city did not state a deadline in the meeting transcript for moving the fence; further compliance details and enforcement steps were not specified at the meeting.
