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Board allows 8‑foot privacy fence at Atlas Street home and grants narrow shed setbacks

February 10, 2025 | San Antonio, Bexar County, Texas


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Board allows 8‑foot privacy fence at Atlas Street home and grants narrow shed setbacks
The Board of Adjustment granted variances for an eight‑foot privacy fence and for an existing backyard shed at 183 Atlas Street after considering safety, neighborhood character and the applicant’s circumstances.

Applicant Terry Frey told commissioners she had erected the 8‑foot privacy fence without realizing she needed a variance and said the fence was intended to shield security cameras and bright lights from an adjacent home. Frey, who lost her mother recently, described the fence as part of efforts to create privacy and security around a small ADA‑compliant house she completed in 2019.

Staff recommended denial for the accessory‑structure (shed) side‑setback variance but recommended approval for a rear setback and for the fence height special exceptions. During debate commissioners examined whether the shed — an 8‑by‑12 prefabricated structure sitting on blocks — could be moved and whether documented access and maintenance/recorded easement agreements with neighbors (commonly used for zero‑lot‑line situations) should be recorded. The applicant said gutters had been installed and that neighbors had provided electricity and other assistance.

A motion to approve the setback variances as advertised passed after board members discussed and amended language regarding the shed; the board ultimately approved a 1‑inch side setback (to include an overhang), a 1.5‑foot rear setback for the shed (limited to the existing 8×12 structure), and allowed an 8‑foot fence height special exception on the northern side yard and limited front yards as described in the motion. The board attached findings of fact and limited one portion of the fence to exclude the last 14 feet of the northern side yard near the rear to reduce impact on the adjacent parcel.

Members said they were sympathetic to Frey’s situation but several expressed concern about approving a 1‑inch side setback as a general practice. Commissioners also confirmed the property owner could seek a 6‑inch administrative variance for fence height if denied; in this case the board approved the special exceptions with the recorded amendments.

Ending: The approvals resolve a code enforcement notice for an unpermitted fence and shed at 183 Atlas Street while leaving some limitations intended to protect neighboring views and sight lines; staff will follow up on final conditions for the shed and fence placement.

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Scribe from Workplace AI
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