By JONATHAN SNYDER
A variance request for a front yard setback from 30 feet to 1 foot in the front yard of 423 Autumn Ct. was denied by the Board of Zoning Appeals Tuesday.
Jade Heyerly, who owns the property, requested the variance so that the fence could block the view from some large bushes on the property to his east, approximately over 6 feet tall. The fence would be one foot off of the city easement.
Heyerly cited a fence already built on Abbey Lane, similar to the design he wanted. The board, however, noted that the fence would be considered a violation if reported, as they had not granted a variance on the property.
Julie Myers, who lives at 1004 Abbey Ln., directly east of Heyerley’s property, had three questions about the property — if the fence would infringe on her property, if the fence would touch the bushes, and if the fence would be extended out to the road.
Heyerly stated that the fence would not go over onto her property, clarifying that a mower’s width of space would be given. Heyerly also clarified that the fence will not go to the road and will stay behind the city easement in his front yard. Heyerly further said that the fence at the moment will not touch the bushes, but that the natural growth will eventually make it a problem.
The bushes were the main point of contention between Myers and Heyerly. A discussion of whether or not the bushes themselves were in violation of municipal code was discussed, with board member Tim Rohr stating that the bushes would be considered a violation since they are in the city utility easement area.
Overall, the board were sympathetic to Heyerly’s situation, but were not comfortable going against one of their ordinances of going past the building line for the fence. Rohr stated that, if this were approved, it would set a precedent for other fences that would lead to a lot of sticky situations in the future with sight lines to the main roads.
Additionally, a size allowance variance for Michael Todd was approved by the board. Todd plans to add onto the north side of his detached garage, bringing the size allowance from 1500 square feet to 2288 feet. Todd clarified that no additional lighting or drainage tile is going in, and the board had no other complaints about Todd’s request.
jonathan@news-banner.com
