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August 16, 2007
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ZBAApproves Variance for 6-ft. High Fence
By Ryan Schlehuber

In a decision weighing aesthetics against the safety of an autistic child, the St. Ignace Zoning Board of Appeals (ZBA), Monday, August 6, allowed Gia Lopez a variance to build a six-foot-high cedar fence in her front yard.

Mrs. Lopez said she needs the fence to keep her four-year-old autistic daughter from wandering away from the yard. She has been working with the Department of Human Services, a social service agency, on a design that prevents her child from climbing over or easily opening the fence door.

The city limits the height of a front yard fence to four feet in residential areas, but allows fences six feet high along the sides and back of a lot.

Mrs. Lopez is being required to put the good side of the fence to the outside, and the ZBA stipulated that the fence must be lowered to four feet if she sells the house.

She said she plans to sell it.

The front of the house is 34 feet from the lot line on Truckey Street and her fence will be 20 feet out from the house, allowing 14 feet of space between the fence and the lot line, explained City Building Inspector Paul Sved.

A latch above the door will be out of reach of her daughter, Mrs. Lopez said.

She has two lots between Spring and Truckey streets with total length of 238 feet, although an alley splits them and a garage behind the house leaves little room for play in the back yard, she said.

Other safety measures include alarms on each door of her house, Mrs. Lopez told the board.

She said the fence should be erected by fall, if funding and safety requirements are met.

Mr. Sved said he has no concerns about emergency access to that area with the erection of the fence.

ZBA member Eugene Elmer, chairing the meeting in the absence of ZBA Chairman Jake Tamlyn, said the variance request merited an approval.

"We can call this a definite hardship," he said.


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