Ann Arbor Zoning Board denies 8-foot opaque fence variance along Washtenaw Avenue

On May 27, 2026 the Ann Arbor Zoning Board of Appeals denied a variance request to allow an 8-foot-tall, 100% opaque fence along Washtenaw Avenue at 1620 Kearney Road. The request sought a 4-foot height variance and a 50-percentage-point opacity variance from the Unified Development Code.

Planning coordinator Eric Grama told the board the approximately 0.4-acre lot is zoned R1B and is a “through lot” whose lot line abutting Washtenaw Avenue is treated as a front yard under the code. “Per section 5.26.2b, table 5.26‑one of the Unified Development Code, fences in front yard shall be no taller than 4 feet and no more than 50% opaque,” Grama said. He noted the applicants propose an 8-foot, 100% opaque fence along Washtenaw and that an existing 8-foot fence already stands on the lot.

The petitioner’s representative urged the board to grant the variance for safety and noise mitigation, saying “the biggest thing for us is this is a real safety issue,” and adding parents of young children want the additional screening from a busy, high-speed road. Staff responded that the existing fence is legally nonconforming and would lose any grandfathered status if removed and more than 75% of its value were replaced.

Board members split on whether the lot presents an exceptional circumstance that warrants a variance. One member argued the stretch of roadway should reflect community standards favoring lower, less-opaque fences on public roads: “Our community standards ... we have made the understanding that we don't like opaque, tall fences on public roads in this way,” the member said. Other members said Washtenaw Avenue functions differently than a typical neighborhood street (it is an MDOT road), cited the existing 8-foot fence and the expense of removing and replacing posts, and expressed concern about noise and safety for the homeowners.

A motion to grant the variance described in the staff motion was made and supported. The board’s roll-call vote recorded four affirmative votes and two negative votes; the board requires five affirmative votes to grant an appeal. Chair Candace Breyer announced that because the motion did not reach the required five affirmative votes the request was denied.

The board noted that any party aggrieved by a board decision may appeal to the Washtenaw County Circuit Court on a timely basis. The public hearing for the petition concluded with no written correspondence or remote callers recorded.