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Council allows side-yard fence but denies front-yard extension at 6601 44th Avenue
Summary
On Jan. 20, 2026, the University Park Mayor and Common Council approved a special exception allowing a side-yard fence at 6601 44th Avenue to extend to the property line while denying a front-yard fence beyond the front of the house; the motion passed 6-1 after council debated lot uniqueness and neighborhood precedent.
The University Park Mayor and Common Council on Jan. 20, 2026 approved a special exception allowing a side-yard fence at 6601 44th Avenue to extend to the property line but denied a front-yard fence extending past the front of the house. The motion to approve the side-yard exception passed 6-1.
Town Attorney Suellen Ferguson explained the town code generally prohibits front-yard fences and requires a 25-foot setback from the property line on Underwood Street for side-yard fences. Attorney Ferguson presented the application and described the relevant setback requirement and the town’s standard approach to front-yard fencing.
Applicant Mr. Tarvin told the council the house is on a corner lot and is set back from both street frontages so there is effectively no backyard and minimal side yards. He said a three-foot fence is needed to provide a visible and effective barrier between his dog and pedestrians on the sidewalk; he argued that complying with the 25-foot setback would leave no usable fenced area and produce an awkward structure that would detract from the house and neighborhood.
A neighbor across the street expressed concern that allowing a front-yard fence would set a precedent. A written statement opposing the front-yard portion of the application was entered into the record.
Councilmembers debated whether the lot’s configuration qualified as a unique hardship warranting a special exception. After discussion, CM Grant Godfrey moved to approve the special exception as to the side yard—relieving the 25-foot setback so the side-yard fence may extend to the property line—and to deny the front-yard exception that would allow fencing past the front of the house; CM David McGaughey seconded. The motion carried 6-1.
CM William Sweet later moved to amend the motion to include approval of the front-yard fence; CM Cynthia Mowery seconded the amendment, which failed 1-6.
The council’s action grants a narrow relief limited to the side yard on the property at 6601 44th Avenue; the denial preserves the town’s prohibition on front-yard fences in this instance. The council did not adopt a broader change to fence rules or setbacks at the meeting.
