Action Summary:
title
PZ25 - 024. Application for Variance to install a fence in the front yard in a residential zoning district at 4026 Mobley Drive that is taller than 3 feet in height and located within setbacks and within six feet of the public right of way.
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☐ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
Background
Under the Unified Development Code, fences in the front yards in residential districts require Special Use Approval. A fence may not be constructed in a public right-of-way, but project entrance monuments may be placed partially within the right-of-way of a local public or private street if approved by the community development director and public works director as not posing a visibility or other public hazard. Additionally, when gates for vehicular access are required or proposed, said gates shall not be located closer than 25' of a public street or road right-of-way, to ensure safe ingress and egress.
For residential infill development, which exists here, decorative fences should be constructed of consistent and high quality materials to create a coordinated appearance. If permitted in front yard the fence should be at least 50% transparent. The preferred fence composition is wood or wrought iron. Aluminum picket painted black is acceptable, and the design of the fence is required to be compatible with the architecture of hte
Fence height in the front yard is limited to 3 feet with column permitted at 10 feet. Variances are required for other heights.
The applicant proposes a decorative, wrought iron fence, 6 feet in height, in the front yard of his property that connects to the adjoining property fences (including the city’s) and includes a gate that is partially located in the right of way. The applicant’s property fronts Mobley Drive, which is public right of way intersecting Atlanta Street immediately adjacent to the Ford Center campus.
As required by the Unified Development Code, the applicant has submitted an application for Special Use Approval for the fence in the front yard and an application for Variance for fence height and location. The Special Use Approval is the subject of a separate zoning case and report.
The applicant proposes the fence to keep deer from entering his property and to provide an aesthetic appearance.
A variance may not be approved without meeting one or more of the following criteria:
(a) There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;
(b) A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located;
(c) Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;
(d) The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare;
(e) The special circumstances are not the result of the actions of the applicant;
(f) The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and/or
(g) The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
Staff Findings and Analysis:
The property is adjacent to a partially wooded area and a wildlife corridor, creating a unique condition where deer frequently enter the yard. A standard 4-foot fence is ineffective for deterring deer, making compliance impractical for protecting landscaping and property. The presence of wildlife is a natural condition, not caused by the property owner. The proposed fence will not obstruct sight lines or create hazards. The design is decorative and at least 50% open, maintaining neighborhood character. The requested height (e.g., 6-8 feet) is the minimum needed to deter deer effectively.
The request satisfies criteria for hardship and unique conditions. The variance will not harm public interest or impair zoning intent. The proposed design minimizes visual impact and maintains openness.
Staff recommends approval of the variance request subject to the conditions listed below:
Recommended Conditions
• Fence must remain decorative and at least 50% open.
• Obtain all necessary permits prior to installation.