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Commissioners question fence-variance request, urge HOA input and possible conditions
Summary
Staff described a request for a 6-foot privacy fence on a corner lot (BAR 2503); the commission heard a resident urge fire suppression and paved, dedicated parking, and commissioners recommended the BZA consider limiting the fence to the existing footprint and confirming HOA input before any variance approval.
Planning staff summarized the BAR 2503 fence-variance request and explained the relevant zoning standard: front-yard fences are generally limited to 4 feet in height, while side/rear yards may permit 6-foot privacy fences. Staff said topography and incongruent setbacks at the site reduce sight-line concerns and that neighbors had provided letters of support.
Public commenter Daniel Avery urged caution, saying the commission should "reconcile what you've just done recently with a breakdown dealing with Delta zone, or variance" and requested that the BZA consider conditions such as "active fire suppression... Sprinkler[s]" and dedicated, paved parking. The commission discussed precedent risks, HOA disputes and legal conflicts between neighbors and HOAs if the town appeared to override CCRs.
Several commissioners recommended that, if the commission forwards comments to the Board of Zoning Appeals (BZA), the BZA be asked to consider conditions that keep the fence within the existing footprint or not permit any advance toward the sidewalk. Staff and commissioners agreed to communicate those concerns and to encourage HOA notification prior to the BZA hearing.
"So for example...a proposed condition would be that the fence be in the footprint of the existing fence, or at least no further towards Sutton than the existing fence," staff said while explaining conditional options for BZA review.
The commission did not take a formal vote on the variance at this meeting; staff will transmit recommendations and materials to the BZA for its public hearing.
