Board grants variance for 6-foot fence at 2010 Newfields Road; applicant cites access needs

The Germantown Board of Zoning Appeals approved a variance allowing a 6-foot fence to extend into the secondary front-yard setback at 2010 Newfields Road.

Staff explained that the property was annexed into Germantown from Shelby County, where older rules applied a 30-foot building setback; under Germantown’s standard the building setback is 40 feet. The applicant’s request would place the fence about 26 feet from the front property line along Deanwood Cove (approximately 36 feet from the curb), and staff noted the request conflicts with a plat restriction that ordinarily prohibits fences between the street and building setback lines but that the BZA has authority to grant a variance.

Applicant Robert Whitehead, sworn to speak, told the board his primary concern was functional access from the driveway to the backyard for lawn equipment and family use. “My biggest concern for my family was just the access, that 6 foot variance along the driveway on the south side of the property to have access for lawn equipment and, just easy access to the backyard,” Whitehead said.

Neighbors testified in support. Michelle Morgan, a long-term resident, said similar fences exist in nearby Greenfields and that a new fence would "fit" the neighborhood; she described living in the area for 25 years and backed the proposal as an enhancement to property uniformity.

Board members asked about whether written neighbor support was provided; staff said the applicant had contacted surrounding neighbors and that no letters of concern were on file. Several members praised the applicant for reducing the original scope of the request after earlier review. A motion to approve the variance was made, seconded and carried on a roll-call vote with all voting in favor. Staff noted the applicant must apply for a fence permit if the variance is to be implemented.