Board allows Tybers to repair fence near Edgewood School, citing hardship and neighborhood context

The Homewood Board of Zoning Adjustments on Jan. 8 approved a variance allowing homeowners Paul and Patricia Tyber to repair and retain a fence at 300 Woodland Drive along Roseland Drive, rather than rebuild it at the 9-foot setback required by a 2023 ordinance.

Paul Tyber said the existing cedar fence is more than 30 years old and that moving the fence to comply with the 9-foot setback would remove about 20% of their usable backyard, threaten mature-tree root systems and expose utility connections and the breaker panel. The Tybers said they intend to preserve existing posts where possible, replace pickets with pressure-treated horizontal boards and lower the fence height to four feet in the visible area to improve airflow and neighborhood interaction.

Neighbors spoke in support. Christina Ochsendau, who lives a block away, said many children walk to Edgewood School and would not respect a setback that moves the fence farther from the sidewalk; John Capas, a nearby neighbor, said losing that yard area would be a serious hardship for the family.

Staff searched records and noted a 2022 city-council action granting a variance at 212 Broadway; staff said records of other variances were limited. The board voted to approve VZA-25-0015 (300 Woodland Drive). Recorded votes were: Miss Childs — Yes; Mister Nieves — Yes; Miss Hand — No; Mister Gere — Yes; Mister Perkle — Yes. The board said applicants should coordinate with Emily Harris for permitting and details.