Augusta zoning board denies homeowner’s request to keep 6-foot front-yard fence at 3075 Walton Way

The Augusta Board of Zoning Appeals voted 6–2 on Jan. 21 to deny a variance that would have allowed a 6-foot wooden front-yard fence at 3075 Walton Way, leaving the city's 4-foot limit in place.

Staff planning notes presented to the board said the property is in an R‑1 single-family residential zone and that the existing fence runs along all property lines. Rachel Martin of Planning and Development told the board the applicant sought the variance “to increase the fence height for an existing 6 foot wooden fence, which aims to create a secure residence,” and staff described the lot as notably lower than Walton Way and said a site-distance check did not show a safety conflict.

Neighbors who spoke at the hearing said the fence is unsightly and could hurt nearby property values. Bert Harbin, who lives at 3012 Park Avenue, told the board the wooden fence runs immediately behind an older lattice/brick wall at 3071 Walton Way and that in some photographs the new wood fence appears taller than the lattice wall. Mary Lee Harbin, representing adjacent property interests, said the fence “is over 7 feet in many areas” and that the height varies due to grade.

Staff and board members pressed for measurement clarity. Planning staff responded that the visible panels appear to be 6-foot panels and that variations in ground elevation can make measured points higher; staff also said a permit is not required for a fence but it must be conforming to the ordinance. A board member clarified that the existing fence is stick-built rather than factory panels.

After brief board discussion, a motion to deny the variance was made and seconded; the board voted 6 in favor of denial and 2 opposed. The chair instructed the applicant to follow up with Planning and Zoning staff about next steps.

The denial preserves the 4-foot front-yard maximum set in section 8‑1‑b of Augusta’s comprehensive zoning ordinance; the board noted the property’s double-frontage (corner) status, meaning any variance would affect two street-facing yards. The applicant and neighbors were advised to consult planning staff about compliance and options.

The board moved to a closed legal session following the vote.