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Zoning board grants fence variance at 5302 William Street, citing safety
Summary
Ashley Smith received a unanimous variance to keep a 6-foot privacy fence at the corner lot 5302 William Street after the board found the installation did not create sight-line or traffic hazards and that the variance is the minimum necessary for family safety.
The Town of Lancaster Zoning Board of Appeals approved an area variance to allow a 6-foot privacy fence at 5302 William Street, a corner lot where the town code permits only a 3-foot fence within the required front-yard setback.
Ashley Smith, the property owner and an Army combat veteran, told the board she installed the fence to create a safe space for her child and two dogs at a busy intersection. She said the contractor she hired assured her the installation would be code-compliant; the contractor later pulled the permit and paid the variance fee, she said.
Board members and counsel explained that the corner-lot required yard is 35 feet from the property line and that within that area a fence taller than 3 feet requires relief. Several board members said they had driven by and were sympathetic to the safety concerns at the site. Neighbor Ernest Knapp and others spoke in favor of allowing the taller fence, citing increased traffic and past accidents in the neighborhood.
Motion to grant the variance was moved by Miss Monticelli and seconded by Mr. Noah. The board recorded a unanimous roll-call vote in favor (seven yes, zero no). The board read findings into the record, including determinations that the requested relief was the minimum necessary, would not unduly shut out light or create hazards, and would not adversely affect drainage or emergency access.
The variance is approved; the applicant must comply with any conditions and coordinate final permitting with the building department.
