Decatur BZA grants 3-foot variance so 6-foot fence can be installed at 233 Water Street

Dustin Myers, the applicant, told the Board of Zoning Appeals he was requesting a 3-foot variance to allow a 6-foot fence at 233 Water Street in Decatur. "I am humbly requesting a variance to have a 6-foot fence put adjacent to the property there," Myers said, adding he had a full survey and neighbor affidavits supporting the proposal.

The board reviewed the relevant code (Decatur City code 150.323) and recited the required findings of fact on issues including impacts on light and air, street congestion, public safety and surrounding property values. Each finding was answered in the affirmative and the board voted unanimously to grant the variance for fence height.

Board members asked whether the new fence would follow the prior fence location and noted the fence appears to have been installed at some point after the 1970s; staff and the applicant discussed that the variance covers only height and not any acquisition of city right-of-way. After the vote, the applicant and staff discussed whether an encroachment agreement or other written permission would be needed for fence placement over city-owned land.

Myers told the board he plans to maintain the narrow grassy strip near the right-of-way and said he will seek assistance from the city beautification program for the project. The board did not attach additional conditions to the height variance; staff said they would follow up on questions about the fence location and any required encroachment agreement.

The board concluded the matter and the applicant was told to coordinate with staff on next steps.