Commission approves 6-foot privacy fence variance at 857 South First Street with landscaping condition

On Monday, July 21, 2025, the DeKalb Planning and Zoning Commission approved a variance to the Unified Development Ordinance permitting a 6-foot-high privacy fence in a portion of the front yard along West Taylor Street at 857 South First Street, subject to a condition requiring landscaping between the proposed fence and the sidewalk along West Taylor Street as approved by the planning director. The motion carried on a roll call with recorded yes votes from Commissioner Becker, Commissioner O'Flaherty, Commissioner Pena Graham, Commissioner Wright and Chair Maxwell.

Applicant Lee Ortega, who said he and his family moved to the property in January 2024, told commissioners that the house’s deep setback and frequent late-night activity at a nearby bus stop had made the corner feel unsafe and prompted the request. Ortega said, “I am requesting the variance, to have more privacy for my family, to have some kind of security,” and described people loitering at the bus stop and instances of passersby cutting through his yard.

Planning staff recommended approval with the landscaping condition. Staff noted the house sits unusually far back from the right-of-way, which creates a hardship in placing a fence without intruding into the required setback. The staff report indicated the UDO allows a 6-foot fence in the shown area if the setback and sight-line requirements are met and recommended that additional landscaping be installed between the fence and the sidewalk to soften the appearance and buffer the public way. Staff reported a verbal call from a nearby resident (listed as Bridal Wright at 835 South First Street) who was satisfied after staff explained the fence location and sight-line compliance.

Formal action: Commissioner Becker moved approval of a variance to Articles 7.06.3, 7.06.4(b) and 7.06.6 of the Unified Development Ordinance to allow the new 6-foot fence in the described portion of the front yard at 857 South First Street, subject to addition of landscaping between the proposed fence and the sidewalk along West Taylor Street per the planning director’s approval. The motion was seconded by Commissioner Wright and carried in roll call. The commission’s action permits a white vinyl 6-foot fence in the approved footprint and requires the applicant to coordinate required landscaping with the planning director prior to installation.

The approval noted that the existing chain-link fence had been removed and that staff and the applicant agreed to landscaping as part of the final installation plan. No written opposition was recorded in the hearing minutes.