Victoria planning commission recommends measuring 6-foot storm-water fence setback from fence posts

The City of Victoria Planning Commission voted to recommend approval of a zoning text amendment that would measure the six-foot setback from storm-water mains from fence posts instead of from fence material, a change staff says clarifies intent and allows removable gates to cross the setback without reducing access for maintenance.

Associate Planner Travis Brley told commissioners the proposed wording is a short, targeted change intended to preserve public-works access while giving property owners flexibility. "Instead of fence post shall be no closer than six feet to any city storm water mains, it'll be fence posts," Brley said, adding the change would allow gates that can be removed or easily opened to span the last six feet so crews can still access the infrastructure.

Brley said the amendment does not intensify or legalize existing nonconforming fences installed before the 2024 ordinance: "This language does not change current fences or intensify any current legal non-conforming fences which were installed prior to the ordinance change in 2024," he said. Staff also reported they had consulted Public Works and that the department did not object if the gate can be opened easily and does not interfere with the storm-water system; staff noted that if a gate were locked and blocked access, Public Works could pursue the owner or cut a lock as allowed under city authority.

The applicant, who identified himself as Matt, told the commission his property faces an existing neighboring fence that runs over a storm-water pipe and that requiring a six-foot setback would force a parallel fence that leaves a narrow, difficult-to-access strip. "If I have to install a parallel fence that runs all along my property line, now it's going to be hard to fit machinery in there," he said, arguing a removable gate would permit crews to work from the yard without compromising maintenance access.

After questions and brief discussion, a commissioner moved to recommend approval of the proposed amendment to section 18-93D to measure the setback from fence posts; another commissioner seconded. The commission took a voice vote; those present voiced assent and no opposition was recorded, and the motion carried. The commission's recommendation will be forwarded to the City Council for consideration.

At the end of the meeting staff announced that the Hotel Victoria shared-parking conditional-use permit and a historic sketch plan for a former Mirror site will be presented to the commission on June 16 for additional review and updates.