Board approves controversial fence variance amid community concerns

In a recent meeting of the Design Review Board (DRB), members discussed a variance request concerning a noncompliant fence at a property on Birmingham Highway. The board voted 4-2 in favor of recommending approval for the variance, which stems from changes made to the fence after the property was purchased in 2010.

The discussion highlighted that the original fence, which was compliant when built, lost its legal nonconforming status after more than 6% of it was replaced. Staff clarified that even if the fence were shortened to 5 feet, it would still be considered noncompliant due to the materials used. The minimum height requirement for a pool fence barrier is 4 feet, which the current structure does not meet.

Concerns were raised regarding the landscaping proposed by the neighboring property owner, which could potentially mask the fence. However, staff noted that conditions regarding landscaping on separate properties cannot be enforced as part of the variance approval.

The board also explored the possibility of conditioning the approval to prevent the fence from being rebuilt in the future, suggesting an equestrian fence as a replacement. Staff indicated that while sunset conditions are generally discouraged, they would consult with the city attorney on this matter.

The applicant's representative, Wendy Schroeder, explained that her mother, the property owner, acted quickly to repair the fence due to safety concerns, particularly with a pool on the premises. The urgency of the repairs was emphasized, as the fence was deteriorating and posed a risk.

If the variance is approved by the Board of Zoning Appeals (BZA), retroactive building permits will be required for both the shed and pool house constructed after the property purchase. The board's recommendation includes conditions based on a recent survey, ensuring compliance with community development standards.