Independence residents and city council members discussed regulations relating to fences on residential properties at the Independence City Council meeting on Monday.
Council Member Tom Brinker described the issue as a “uniquely Independence problem,” given the geographical layout of the city.
The topic arose in conjunction with a proposed change to the city’s code of ordinances, the first reading of which the council completed at the meeting.
Independence passed an ordinance in 2021 that prohibited fencing in front yards throughout the city. Monday’s ordinance proposal went before the Kenton County Planning Commission in March, following conversations with residents who had contacted the city, said City Manager Chris Moriconi, who attended the planning commission meeting. Kenton County Planning Services staff members stated at the meeting that there had been several appeals to the county Board of Adjustments about the issue, as well, which prompted the city to consider changes.
One Independence resident, David Riggs, spoke about the ordinance change to the planning commission, saying that he wanted to have about 500 square feet fenced in on his property, but the current regulations prohibited him from doing so.
“I’ve got four kids under [age] six, so I want to make sure they’re safe in the backyard,” Riggs said. “I don’t have to worry about them playing in the street.”
The application submitted to the planning commission allowed for fencing based on the layout of a given land plot. It split lots into two categories: standard lots and reverse lots. A standard lot has its rear property line facing the rear property line of another house. A reverse lot has its rear property line facing the front or side of another house. The proposed ordinance would allow front yard fencing on standard corner lots, not reverse lots. Riggs’ property is on a reverse lot, so he would not be able to build his fence to his liking under the new ordinance, even though it offers more leeway to build fences throughout the city broadly.
The planning commission unanimously voted in favor of the recommendation, which escalated the ordinance to the city council.
Riggs also spoke at the council meeting on Monday. Clearly more frustrated than he’d been at the planning commission meeting, Riggs argued that his desire to build his fence, which would see it extended out closer to the street to encompass the 500 square feet he wanted, was not unreasonable.
“I want to do what I want with my property,” Riggs said. “That’s why I bought it. I’m just trying to fence in 500 square feet that I have so I can use my property to the fullest that I want to use that.”
Although some of the commission members were sympathetic to Riggs’ situation, most were, in the end, in favor of keeping the ordinance as proposed since changing the ordinance for a single case could have unintended consequences down the road, they said.
“At the end of the day, the decisions we make are based on feedback we get from our residents,” said Mayor Chris Reinersman, and, based on how the zoning was currently structured, he said, the feedback from residents seemed to be that they didn’t want fences in their front yards.
Two other residents, Fran and Bob Hasekoester, also came to Monday’s meeting to speak about fencing. The Hasekoesters’ property on Independence Station Road isn’t on a corner lot, but Bob Hasekoester said that the house had a fence for nearly 70 years. They took the fence down with the plan to set it back up, but before they could do so, the 2021 ordinance prohibiting fences in front yards was passed.
After some discussion, the council members said the Hasekoesters may be able to rebuild their fence if their property was re-zoned, but this process was long and involved and would likely not be resolved until the fall. Reinersman encouraged the Hasekoesters to attend the May meeting to keep up with council discussions and stay in the loop about what their options could be moving forward.
The council will perform a second reading and cast a vote on the proposed fence ordinance at their next meeting on Monday, May 6, at 7 p.m. at the Independence City Building on Madison Pike.