Saint John BZA approves variance allowing fence at 8991 Willow Lane with 10-foot setback

The Saint John Board of Zoning Appeals voted 3-0 June 4 to approve a developmental variance allowing a fence at 8991 Willow Lane to be placed closer to the sidewalk than the zoning ordinance otherwise permits, with the condition that the fence be a minimum of 10 feet behind the city sidewalk on the Ninetieth Street side.

The variance was sought by property owners identified in the hearing as Carly Petropolis and a co-applicant. Chair Rudy Bambeck opened the public hearing and heard several neighbors objecting that the subdivision’s recorded covenants prohibit stockade fences and limit fence height to 4 feet in side or rear yards.

Why it matters: residents said the covenants established when the subdivision was platted restrict fence style and height, and they urged the board to deny the variance to preserve neighborhood character. Town staff and the board explained the legal distinction between privately recorded covenants and municipal zoning: covenant enforcement is a private matter, while the board’s authority is limited to the zoning ordinance.

Neighbors cited the subdivision covenants repeatedly during public comment. Shelley Hintz, who identified herself as an original owner, read covenant language aloud and said, “stockade type fences are prohibited from use anywhere in the subdivision.” Mike Hintz said he had the original documents and described long-standing neighborhood norms against tall fences. Jeff Shane and Michael Walls also spoke in opposition, warning the variance could change the neighborhood’s open character.

Carly Petropolis, an applicant, said the owners want a secure yard for young children and a dog. Petropolis said, “We just want our dog to be off leash and our kids to play in the yard.” She told the board the applicants were willing to work with neighbors on height and design, and that they could accept a 4-foot or 6-foot option if that addressed neighbor concerns.

Town staff and legal counsel clarified limits of municipal authority. Adam Decker, staff member, told the board, “Covenants that are recorded affect all subsequent owners. … It’s not the town of Saint John’s responsibility to enforce those covenants.” He and other staff members noted the only zoning issue before the board was the requested encroachment into the required building line for a corner lot.

After hearing presentations and public comment, a board member moved to approve the developmental variance, citing the standard findings that approval would not be injurious to public health or safety and that strict application of the zoning ordinance would cause practical difficulties for the property. The motion included the condition that the fence be set at least 10 feet behind the city sidewalk on Ninetieth Street. The board voted 3-0 to approve the variance.

The board noted that the town issues building permits under the zoning ordinance; private subdivision covenants remain enforceable only by homeowners or a homeowners association through private legal action. Neighbors were told that if other property owners in the subdivision later applied for permits, the town’s zoning standards — not the private covenants — would control whether a permit could be issued.

The approval resolves the applicants’ immediate permitting need but preserves the underlying distinction that enforcement of recorded covenants is not within the board’s authority. Any enforcement or challenge to whether the proposed fence would violate recorded covenants would need to be pursued by private parties in court or by an HOA.

The board moved on to other agenda items after the vote; no further conditions were added.