Board of Zoning Appeals conducted a public hearing at its meeting last
Robert and Kathleen
Nickless, care of Attorney Greg Babcock, sought approval for a variance to
construct a six-foot tall fence adjacent to a public right-of-way. The back
of the Nickless property at 1067 Birch Trail Drive in the Duneland Trail
subdivision abuts a sidewalk along 5th Street. According to Town code,
fences adjacent to public rights-of-way can be no taller than four and a
Babcock noted that
another property owner in Duneland Trail nearby to the Nickless’ has gotten
the same variance. Babcock said the Nickless’ have no objection to signing
an agreement accepting responsibility for the cost of replacing the fence if
it ever needs to be taken down or moved for repairs to the right-of-way,
which is another requirement of Town code.
Babcock said the
concern in fencing requirements in public rights-of-way is often due to
traffic safety because people turning may have their vision obstructed by a
six-foot fence. He said that doesn’t apply to the Nickless property, as they
are not on a corner lot.
got up to mention that she and her husband are hoping for a six-foot fence
because they have a big family, and a six-foot fence along the back of the
property will provide more privacy. She also noted that there is a sharp
downward slope to the back end of the property, so their yard is already
less private from the back than it is from the sides.
No one spoke for or
against the petition. The Board approved the variance unanimously.