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Council tables fence variance after zoning board finds no hardship; neighbors urged to negotiate
Summary
After a lengthy hearing, the council tabled a request by resident Brian Kanish for a variance to finish a division fence. The zoning board told council it found no legal hardship; the council urged both neighbors to seek a civil agreement and directed staff to follow up on related sidewalk/enforcement concerns.
The council tabled consideration of a variance request from resident Brian Kanish to allow a 25-foot completion of a division fence after hearing background from the Zoning Board of Appeals and extended neighborhood testimony.
Dan Ferrell, chair of the zoning board, told council the board unanimously concluded the petitioner did not meet the legal standard for a hardship required for a variance. “We apply criteria in the land development code; in this case the board unanimously believed it did not present hardship,” Ferrell said.
Kanish told the council his shed and fence placement followed advice he received from city staff during construction and that he intends only to finish a short segment for aesthetic continuity. He said prior survey pin placements and a neighboring property’s earlier, now‑noncompliant work created the present confusion.
Council members acknowledged the history of inconsistent enforcement and the messiness of property-line disputes but emphasized that variances must meet the ordinance standard and that granting an exception risks compounding problems citywide. Multiple council members recommended the parties attempt a private division-fence agreement. The council moved to table the item to allow direct negotiation between neighbors and to give staff time to follow up on associated sidewalk and enforcement issues across the city.
No final variance was granted at the meeting; staff were directed to report back and to consider the matter alongside broader sidewalk/compliance efforts.
