Board grants variance for 9-foot fence/retaining-wall at 192 NE Spanish Trail despite staff recommendation to deny

The Planning & Zoning Board on April 18 voted unanimously to grant a variance allowing the existing fence-and-retaining-wall condition at 192 Northeast Spanish Trail, a decision that followed a lengthy public hearing in which staff recommended denial.

Tori Boone, zoning manager, told the board the applicant had raised the home's grade and installed a 3-foot block retaining wall with a later-installed 6-foot fence on top, resulting in a measured 9-foot fence height from the lowest adjacent grade. Boone reviewed the permit history, said the fence failed inspection because it was installed on top of the retaining wall rather than the configuration shown on permit drawings, and concluded the "variance does not meet all requirements for approval" and therefore staff recommended denial.

Applicant Kevin Meany, who identified himself as the homeowner and said he has lived on the property for 30 years, described repeated flooding prior to reconstruction and said city staff previously advised raising the finished floor and grading his lot. Meany said he spent roughly $10,000 attempting to address drainage issues and that the practical effect of code enforcement left the backyard with limited feasible options for a pool and for maintaining privacy. "Allowing me to have the 6 foot fence will maintain the privacy that everyone around me previously enjoyed," Meany said, and described dozens of letters of support from adjacent property owners.

Multiple neighbors and adjacent landowners spoke in favor, citing privacy, safety, and the neighborhood’s topography. One adjoining owner said that if staff’s recommended remedy were imposed, residents would face a significant loss of privacy. Several board members expressed sympathy for the homeowner’s situation and noted broader, citywide code review work on elevation and related standards. At least one member voiced concern about precedent and failures in the permitting process that allowed the condition to progress.

After deliberation the board moved to approve the variance. Roll call recorded unanimous support (6–0). The board’s action grants the relief requested for the existing fence/retaining-wall condition; staff noted that the action does not create a fiscal impact on the city. Members suggested the broader municipal code should be examined to avoid similar conflicts as more older neighborhoods retrofit to current flood-elevation requirements.

The board adjourned at 6:59 p.m.