ZBA denies fencing variance request


By Charlotte Caldwell - [email protected]



SIDNEY – The Sidney Zoning Board of Appeals denied a variance request for a fence on the property at 1306 Pinetree Court during a meeting on Sept. 19.

The request was made by Carrie and Trevor Hughes and would have been a 100% opaque, 7-foot-tall fence in the front yard. The area is in an R-1, residential single-family zone.

City Planner Tim Hurysz presented the case and said the proposed fence would extend the current rear yard fence by 12 feet and go into the front yard facing Pinetree Court. Hurysz noted that the zoning code says that fences in the front yard should be no taller than 4 feet and no more than 50% opaque.

After reviewing the other factors in the zoning code to determine if a variance is appropriate, the staff recommended that the board deny the variance request because the property did not have any special circumstances in relation to other properties in the same vicinity and zoning district; the variance is not necessary for the preservation and enjoyment of substantial property rights; and granting the variance would contradict previous fencing rulings.

Carrie and Trevor Hughes were also present at the meeting and explained why they submitted the variance request. Carrie said they have four dogs that they currently tether in the yard instead of allowing to roam freely because they can jump over the current fence. They also wanted the fence to be opaque so their dogs would not be enticed to jump the fence and so their neighbors would not have to see their yard. Trevor said the 12-foot extension is due to a 15-foot concrete pad that would have to be excavated if not for the extension.

Board member James Lehmkuhl was absent from the meeting and was excused by the board.

By Charlotte Caldwell

[email protected]

Reach the writer at 937-538-4824.

Reach the writer at 937-538-4824.