Commission denies 6‑foot lakeside fence as applied; says 4‑foot in‑kind replacement is allowable

The Planning Commission voted to deny an after‑the‑fact request for a 6‑foot solid privacy fence placed within the average lakeshore setback at 3895 Shoreline Drive.

Applicants Kelly and Jesse Sater said they replaced a dilapidated picket fence to reduce noise from Shoreline Drive (which they cited at roughly 17,000 vehicles per day), increase privacy for a rental neighbor and improve safety for a child and dog. Kelly Sater said the new fence and existing dense lilac screening have significantly reduced noise and restored backyard privacy: “Before the fence, we would be having conversation and constantly have to say ‘what was that?’ — now it’s much more peaceful,” she said.

Planning staff reviewed historic photos and invoices and concluded there was evidence the property had a prior fence in roughly the same location within the 12‑month look‑back window for in‑kind replacement; staff therefore recommended denial of the 6‑foot height as applied while noting a 4‑foot in‑kind replacement could be permitted without a variance. Commissioners debated whether a survey of precise fence location should be required, whether screening or additional plantings could mitigate visibility from the lake, and whether allowing the greater height would set a difficult precedent along the shoreline. The board concluded the evidence did not support permitting a 6‑foot fence within the lakeshore setback as applied and voted 6–1 to deny; one commissioner said they would support a redesign that kept taller fencing nearer the road and lowered height toward the lake.