Applicant & Property Owner: Kayden Fox

Address: 1396 Blue Heron Trail

Lot Area: .99 acres

Zoning: Rural Residential (RR)

2040 Comp. Plan: Suburban Residential

Kayden Fox, property owner, has applied for a variance to retain an unpermitted fence greater than three (3) feet in height in the front yard that is constructed of t-posts and thin, flexible, galvanized steel wire with hexagonal gaps (poultry wire) material for ducks and geese in a residential zoning district.  

In April 2024 staff received a complaint associated with the fence materials, location of the fence in the front yard and right-of-way as well as the keeping of ducks and geese at the subject property. Upon receipt of the complaint, Planning staff advised the property owner of the fence material and location requirements as well as options for compliance. The Police Department manages the animal related sections of the City Code. The property owner relocated the fence out of the right-of-way of Heron Court S and Blue Heron Trail S following the code enforcement communication; however, the fence still exceeds the three (3) foot height maximum in the front yard and does not meet the material standards. The complaint is an on-going case with the Code Enforcement Specialist in the Police Department as the property owner chose to apply for a variance for the fence height and location.

The variance request is to keep the existing approximately four (4) foot tall poultry wire and t-post fencing in the front, side, and rear yards for use as grazing/pasture area for their eight (8) geese (a domesticated Chinese breed) and an undisclosed number of ducks for a minimum of three (3) years. The applicant is also requesting to be allowed to place the same fencing in the public right-of-way along Heron Court and Blue Heron Trail seasonally.

Per City Code Section 111.02 B., fences up to three (3) feet in height are allowed in the front yard setback outside of easements and sight triangles. Fences are allowed to be up to six and one half (6.5) feet tall on residential properties in the side and rear yard. All fences need to be constructed of materials that are consistent with the building material standards in City Code Chapter 151  that are not deemed hazardous by the Building Official (primarily chain link (no slats allowed), ornamental metal, vinyl, or wood that is maintained) with the finished side facing adjacent properties or the public right-of-way. Fences require a building permit to be obtained prior to installation. The permit includes an inspection following installation to confirm compliance with the approved permit. 

The subject property is located in the Rural Residential (RR) zoning district allows low-density residential development in areas which are not served by municipal urban services with minimum lot size of 30,000 sq. ft. (.68 acres). The RR zoning district is not the same as the Agricultural Preservation (AG) zoning district which preserves and promotes agriculture in the unsewered areas of the city that are suitable for such use and requires a minimum lot size of 22.96 acres (1 per 40 density). City Code Section 130.04 addresses the keeping of animals, including Farm Animals on properties zoned for agricultural purposes and hen chickens. Hen chickens are allowed in all zoning districts provided they meet the requirements of City Code Section 130.04 H Including, but not limited to, a maximum of five (5) hen chickens, no roosters, confinement of chickens in a coop in the rear yard with the size based on the the number of chickens with screening, appropriately sized runs, and a provision to restrict injury or annoyance to persons on other property in the vicinity by reason of noise, odor, or filth. 

Geese and ducks are not listed Section 130.04 Other Animals or defined in that section of the Code as a Domestic Animal.  They would be allowed as noted in the zoning code as Agricultural Use in the AG - Agricultural Zone, which is typically the farming areas of the city. 

Attached is the narrative provided by the applicant along with a comment letter received by staff for your reference.   

Staff has prepared and attached a resolution with findings denying the variance request because it does not meet the variance criteria in City Code/State Statute, specifically the criteria listed below: 

• The circumstances were not created by the landowner.
• The plight of the landowner is due to circumstances unique to the property.
• The variance as requested will be in harmony with the general purposes and intent of the chapter.
• The variance, if granted, will not alter the essential character of the locality.
• The problems extend beyond economic considerations.