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BZA grants variance to allow 6-foot fence two feet from property line at 71 Morris Avenue
Summary
The Athens Board of Zoning Appeals approved a variance (case 26-05V) to permit a 6-foot fence two feet into the side setback at 71 Morris Avenue, citing practical difficulty from lot shape, existing plantings and adjacent commercial property; the motion passed with one abstention recorded because of a conflict of interest.
The Athens Board of Zoning Appeals on July 14 approved a variance allowing a 6-foot-tall fence to be located two feet from the side property line at 71 Morris Avenue (case 26-05V), finding practical difficulty and other criteria met in the corner-lot context.
Zoning Director Tom Pyle told the board the variance is necessary because a fence six feet or taller in the setback requires BZA authorization; staff had two neighbor support letters on file. Applicant Jenny Klein, who said she has lived on Morris Avenue for 21 years, described persistent deer activity that she said has become a nuisance and a safety concern for her small dog and her yard. Klein said the fence would run about 70 feet along Cornwall, enclose apple trees and recently planted trees that she did not want to relocate, and serve as a visual and sound buffer from adjacent commercial property. “The bushes have gotten totally out of control, and they even obscure a no-parking sign,” Klein said; she told the board she had taken photographs and provided a drawing showing the proposed fence.
Pyle read two letters from neighbors Jeremy Morris and Katie Thompson supporting the requested variances, citing deer deterrence and improved function and enjoyment of the property without negatively affecting neighbors. One board member announced an abstention for a conflict of interest based on a longtime acquaintance with the applicant; the abstention was noted before the vote.
Board members discussed safety and visibility (noting there is no sidewalk on that side of Cornwall), potential future sidewalk planning complications, and whether the request represented the minimum necessary variance given the lot’s narrow side yard and corner-lot condition. Several members said a two-foot setback was reasonable in this case to preserve newly planted trees and to allow the proposed landscaping.
A motion to approve the variance from ACC 23.3.0.8(b) and ACC 23.1 Table A passed with four votes in favor and one abstention. The board recorded that staff should proceed with the administrative steps to allow the fence under the variance terms.
