Milford board approves 5-foot privacy fence at 120 West Green Lane

The Milford Board of Adjustment on May 8 granted variances permitting a 5-foot tall privacy fence at 120 West Green Lane, a corner lot in the Orchard Hill subdivision, after the applicant said the fence is needed to keep the family’s children and dog safe.

The request matters because corner lots in Milford are treated as having two front yards; the city zoning code limits front-yard fence height to 3.5 feet and prohibits privacy fencing there. The applicant sought a variance from those limits to construct a 5-foot privacy fence along the West Green Lane side of the property.

John Brandon Bacon, the applicant, told the board the family bought the house last June and “having that enclosed backyard would bring us peace of mind, having them somewhere safe” for his four children and to prevent a high-energy dog from escaping. Staff explained the property is zoned R-2 and that the proposed fence required variances from Milford City Code Chapter 2-30-39(a)(1) (maximum front-yard fence height) and 2-30-39(a)(2) (privacy fences in front yards).

Neighbors and the Orchard Hill Architectural Review Committee spoke at the hearing. Michael Maloney, vice president of the Orchard Hill Homeowners Association, said the HOA’s governing documents allow a 5-foot fence but do not permit a fence to “protrude beyond the rear corner of the house,” and asked the board to confirm the applicant’s submitted plan tied the fence to the back corner of the home. Tom Chilton, a nearby resident, asked whether the HOA had approved the work.

The board found that the applicant had shown hardship tied to child and pet safety and that the proposed fence tied into existing neighborhood fencing. Mr. Wiley (board member) and others said the fence’s placement would not create a visibility hazard at the corner. The board voted to grant both variance requests; board members cited family safety and neighborhood consistency in their votes. The applicant was instructed to follow up with city staff on the permit and to coordinate with the HOA.

The approval applies only to the variances granted by the Board of Adjustment; HOA rules remain enforceable by the association and are not overridden by the board’s action.