Special magistrate allows 6-foot privacy fence at 410 Normandy after owners cite safety and privacy

A special magistrate granted a homeowner’s appeal on a zoning waiver Tuesday, allowing a 6-foot privacy fence at 410 Normandy Road after the property owners argued the rear yard and pool were regularly exposed to a city‑maintained public waterfront area.

Special Magistrate Bart Valdez said he found the appellant had met the administrative-appeal criteria and that conditions could limit the fence to the portion depicted on the site plan. “I do find that you have met the, uh, appeal criteria. I find that a waiver is appropriate based upon the unique facts of the case,” Valdez told the room before announcing he would “go ahead and grant the appeal” and attach the site plan as a limiting exhibit.

City planner Joseph Petraia had recommended denial and referred the matter to the magistrate, citing Madeira Beach Code section 110‑47 and the administrative‑waiver rules at section 86‑29. Petraia told the hearing that the code generally limits waterfront rear‑yard fences facing water to three feet high and allows six‑foot fences only in narrowly enumerated circumstances (for example, adjacent to certain infrastructure or commercial uses). Staff said the property does not match those specific exceptions and worried an administrative approval might expand exceptions beyond the ordinance language.

Homeowner Courtney McNeel told the magistrate that the narrow rear yard is directly adjacent to a city‑maintained public area with benches and frequent pedestrian activity and described the request as a safety and privacy measure for her children. “We are not requesting relief simply because we prefer a taller fence. . . . We are requesting relief because . . . our pool area and outdoor living spaces are exposed to constant pedestrian and vehicle traffic,” McNeel said. In a direct appeal to the magistrate’s sense of safety, she added, “We just want our kids . . . to be able to enjoy the backyard and not have creepers staring at them.”

Valdez granted the administrative waiver with the condition that the six‑foot fence be built only along the line depicted in the site plan (the magistrate referenced a red line on page 24 of the packet). He reminded the applicants that his order does not replace the need to obtain a building permit: “I can’t grant you a building permit . . . so you’re still going to have to go through the city process,” he said.

What’s next: Valdez said his written order will be mailed to the parties; the owner must apply for and receive any building permits before construction begins.