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Council sets public hearing for proposed private fence on city-owned triangular parcel at 10 Pomona

May 12, 2026 | Homewood City, Jefferson County, Alabama


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Council sets public hearing for proposed private fence on city-owned triangular parcel at 10 Pomona
Staff presented a request from property owners adjacent to 10 Pomona Ave asking permission to place part of a private residential fence onto a triangular parcel of city-owned right-of-way. The site plan presented to the committee shows the fence extending at its widest point about 10 feet into the city parcel and tapering back to the private property line. Staff said the encroachment would not affect the street right-of-way or front setbacks but would occupy city-owned land.

Committee members reviewed the history: the Board of Zoning Adjustment (BZA) previously denied a variance and a related attempt to purchase the parcel was abandoned. Staff explained that even if the parcel were purchased the applicant would still have needed a variance because the requested fence location would not meet the minimum setback (about a nine-foot requirement under zoning). Council members raised site-distance and safety questions at the corner where Ventura meets Pomona and noted some fence posts appear to have been placed on the parcel earlier and then left unfinished.

Members also debated jurisdictional procedure: fences built on private property that violate zoning go to the BZA, but a fence placed on city right-of-way requires council approval because it would be on city-owned land; staff said any agreement would include conditions and that a public hearing is the next step. The committee voted to set a public hearing at the next council meeting on May 18 to consider the encroachment request.

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