Board of Zoning Appeals Meeting - August 12, 2025
Board of Zoning Appeals Meeting – August 12, 2025
The Germantown Board of Zoning Appeals met on August 12, 2025, at 5:30 p.m. in City Hall Council Chambers. The board considered one variance request for a fence height exceeding the six-foot limit in an R Low-Density Single-Family Residential district. The meeting included roll call, approval of minutes, public hearing, deliberation, and a unanimous vote to grant the variance.
Consent Calendar
- Approval of Minutes: The board approved the minutes from the previous meeting. Note: The agenda listed the minutes as from July 8, 2025, but the chair referred to them as “minutes from our May meeting.” The discrepancy was not addressed during the meeting. The motion passed 5–0–1 (Chairman Ulhorn abstained).
Public Comments & Testimony
- Applicant’s Representation: Attorney Mark Job (6,000 Poplar Ave, Suite 400, Memphis) represented property owners Jerry and Libby Hubbard. He stated that the fence was built in good faith after the applicant hired Big Dog Fence Company, which pulled a permit for a 6-foot fence but installed sections at 7 ft 8 in. The applicant only learned of the violation when a code inspector visited. Job noted that the HOA and all neighbors except one (who was out of town) supported the variance. He emphasized that only 6.84% of the total fence (26 ft out of 380 ft) exceeded the height limit.
- Property Owner Testimony: Jerry Hubbard (7910 Birnam Wood Cove) explained that the fence extension was moved forward approximately 20 feet to address chronic drainage and erosion issues that caused the old gate to rot and require frequent repairs. He stated that he was recovering from major spine surgery during construction and was unaware of the height issue. He acknowledged that the fence company applied for a 6-foot permit but built the higher section without notifying him.
- Neighbor Testimony: Jerry Sisson (7919 Birnam Wood Cove) expressed strong support for the variance. He stated that the new fence is an improvement over the old one, provides better privacy, and that the height variation is not noticeable due to the sloping topography. He described the drop from his driveway to the fence as about 1.5 feet and noted that the fence appears uniform from his perspective.
- No Opposition: No one spoke against the variance.
Discussion Items
- Staff Presentation: Planning staff presented the request, showing aerial photos, zoning maps, and survey details. The property is pie-shaped with a slope leading to Birnam Wood Cove. Staff noted that the old fence had similar height variations due to topography and that the new fence follows the ground. The requested variance covers a 10-foot fence section and a 16-foot gate section, both up to 7 ft 8 in. The remaining perimeter fence is compliant. Staff recommended that if approved, the applicant apply to code compliance for a revised permit.
- Board Questions and Deliberation: Board members asked whether the old fence was compliant (it was mostly 6 ft but had higher sections) and about the percentage of non-conforming fencing. They discussed the role of the fence company and the applicant’s responsibility. Several members noted that the height increase was gradual and aesthetically pleasing, and that the topography justified the variance. One member expressed concern that the fence company should be notified to avoid future violations, but others acknowledged the unique site conditions.
Key Outcomes
- Variance Approved (Unanimous): The board voted 6–0 to approve Case 25-014, allowing a portion of fence and gate to be up to 7 ft 8 in. high at 7910 Birnam Wood Cove. The motion was made and seconded, and each member cited exceptional topographical conditions as the reason for approval. The applicant agrees to submit a revised fence permit application to code compliance.
- Adjournment: The meeting adjourned after no old or new business.
Meeting Transcript
Good afternoon, everybody. Uh welcome to the August 12th 2025 Board of Zoning Appeals meeting is hereby called to order. Um I have two announcements to be made. First, we are a quasi judicial body, and therefore anyone who speaks before the body tonight, including staff will need to be sworn in. At this time, I would like to swear in the staff. Staff, will you please raise your right hand? Do you swear to tell the truth the whole truth, nothing but the truth, so help you go? Thank you. Second, all of our motions are made in the affirmative. As a result of that, it does not necessarily mean that the person making the motion or sending the motion, seconding the motion will actually vote for the motion when the roll is called. Anyone wishing to speak to us tonight when you come to the podium, you will need to be sworn in. We ask that you please state your name and address loudly so it can be entered into the record. Will the secretary please call the roll? Ms. Meanwell. Here. Mr. Jacobs. Here. Mr. McDermott. Here. Mr. Town. Here. Mr. Bland. Here. Chairman Yulhorn. Here. Oh, hey, Bruce. The next item on our agenda is uh to approve the minutes from our May meeting. May I get a motion? Move to approve. Second. Any discussion? Please call the roll. Miss Meanwell. Yes. Mr. Jacobs. Yes. Mr. McDermott. Yes. Mr. Town. Yes. Mr. Bland.
openpublica.com