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408 Hanover fence: Applicants seek taller privacy fence; ARB approves design but height remains subject to zoning
Summary
Owners at 408 Hanover asked the ARB to allow up to 72‑inch fencing behind an existing brick wall; staff cited a city code limit of 4 feet where fencing is closer to the street than the dwelling sidewall. The ARB approved the COA design but noted any height exceptions require zoning approval.
Caroline Payne, the applicant for 408 Hanover Street, asked the Architectural Review Board to permit a tall privacy fence behind an existing 65‑inch brick wall, saying the property faces a commercial building and not a residence and that neighbors have similar treatments. Staff told the board the application proposes a 6‑foot vertical‑board privacy fence behind the existing brick wall on the south and west sides of the property, but noted city code limits fencing that sits closer to the street than the dwelling sidewall to 4 feet in height and that the ARB does not have authority to waive that height standard — variances go to the Board of Zoning Appeals.
Danae Peckler of the Historic Fredericksburg Foundation said the proposed black paint and vegetation screening would be appropriate and offered general support for the application.
Board members examined site photos and discussed compromise options and practical constraints. Several members said they could support the applicant’s desire for privacy while recognizing the legal limit on height where the fence sits closer to the street. The ARB made a motion to approve COA 2604‑0196 as submitted for design and material, noting that precise location and any height exceeding code would be addressed by the zoning administrator or BZA. The motion carried by voice vote, recorded 6–0.
The board conditioned its approval on details the planning/zoning staff will confirm during permit review; if an owner wishes to exceed the code‑based height in the future, they must apply for a zoning variance.
