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Planning commission approves 6‑foot solid vinyl fence variance for Brentwood Road property citing child’s needs

Beachwood Planning and Zoning Commission · August 28, 2025
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Summary

The Beachwood Planning and Zoning Commission on Aug. 28 approved a variance allowing a 6‑foot solid vinyl privacy fence at 2664 Brentwood Road to address safety and privacy concerns for a resident’s child with special needs. Staff and commissioners cited practical difficulty and pending code changes that would later make the variance unnecessary.

The Beachwood Planning and Zoning Commission approved a variance on Aug. 28 allowing a 6‑foot solid vinyl privacy fence at 2664 Brentwood Road after hearing that the homeowner’s child has special needs that make privacy and safety a practical concern.

Jim Martin, who identified himself as the applicant’s representative, said the family chose a solid fence for privacy and therapeutic reasons for their son and that contractors began installing the fence after the homeowner selected a solid panel; a stop‑work order followed, prompting the variance request. "The client has a son that has special needs ... he likes to take off his clothes and he's not very aware of the social stigma," Martin said, describing why a solid barrier was requested.

City staff voiced no objections. Mr. Renick reported that police and fire had no concerns and the building department raised no issues; planning staff recommended approval, noting that pending zoning code amendments will eventually render the variance unnecessary but that a practical difficulty currently exists. "We see a practical difficulty," planning staff said, and recommended approval subject to the findings and stipulations in the staff report.

Commissioner Hecht moved to approve the variance, citing two formal findings: a practical difficulty under the applicable code section and authorization to permit the solid vinyl fence as shown in the submitted plans. The motion was seconded and carried on a roll‑call vote; the recorded votes were Mayor Burns (yes), Bluedonald (yes), DeLong (yes), Hecht (yes), Troy Kett (yes), Silver (yes), Savelle (yes) and others voting to approve the motion.

Commission members expressed sympathy for the family and appreciation that staff and the applicant sought to balance code enforcement with individual needs. One commissioner thanked the applicant for sharing sensitive information to explain the safety rationale for the fence. The variance is approved as read with the stipulations in the staff report; staff noted that if the pending code amendments are adopted, the variance could become null and void because the proposed fence would then comply with the revised standard.

The commission moved on to other business after the vote. The approved variance will be implemented according to any conditions listed in the staff report and the building department’s permitting process.