Commission grants fence variance on Country Club Avenue, citing lot shape as hardship

The Brandon Board of Adjustment approved a variance May 7 allowing a homeowner at 920 South Country Club Avenue to erect a six-foot privacy fence into an area that the zoning ordinance treats as a primary front yard.

Applicant Lance Hoff described how his house's front-door orientation creates a technical primary front yard while his north yard functions as the backyard, backs onto Christensen Park and faces pickleball courts and a planned splash pad. Hoff argued that the lot's trapezoidal shape, not the door orientation, creates an unnecessary hardship that materially reduces usable rear and side yard area.

In discussion, commissioners acknowledged prior leeway granted for corner-lot setbacks but emphasized the board must tie variances to unique lot characteristics. Commissioner Brian Hybrank (first reference) and others said the hardship is the lot shape. A motion to approve the variance was amended to include a condition that the west fence line not extend farther west than the northwest corner of the house, be parallel with the west face of the house, and not cross the plane of the house front; the motion passed.

Staff instructed the applicant to submit a site plan conforming to the narrow variance approval and to obtain required building permits. The board recorded findings on the checklist that the request was not contrary to the public interest, that the shape of the lot created an unnecessary hardship, and that the variance requested was the minimum necessary to alleviate that hardship.

Next steps: submit a site plan consistent with the approved variance and obtain a building permit; staff noted the item will proceed to administration for permit review.