Board of Zoning Appeals Meeting – December 9, 2025

On Tuesday, December 9, 2025 at 5:30 p.m., the Germantown Board of Zoning Appeals (BZA) held its regular meeting at City Hall – Council Chambers, 1930 S. Germantown Rd. The board considered and unanimously approved two requests for variances to allow six‑foot‑high fences within the required front‑yard setback (which limits fences to 30 inches in height). Both requests were granted after presentations by staff, testimony from applicants, and public comments in support.

Consent Calendar

• **Approval of September 9,2025 meeting minutes:**Moved, seconded, and approved by roll call vote. One member (McDermott) abstained because he was not present at the September meeting; all other members present voted in favor. The minutes were adopted.

Public Comments & Testimony

Case 25‑023 (2529 Horsham Dr.)

• Stephen Signaigo (property owner/applicant): Requested the variance so his family could install a straight fence line from the back of the house to the retaining wall, providing a safe play area for his son who has Down syndrome. Noted that the Make‑a‑Wish foundation raised funds for the fence.
• Catherine Brown (preschool special education teacher at Dogwood Elementary): Expressed support, stating the Dogwood community raised about $10,000 for the fence and a playset for the child. No opposition was voiced.

Case 25‑024 (2010 Newfields Rd.)

• Robert Whitehead (property owner/applicant): Explained that the six‑foot variance along the driveway (the area proposed for a gate) was needed for access to the backyard for lawn equipment and trash. Mentioned he spoke with all surrounding neighbors who were agreeable.
• Michelle Morgan (neighbor, 1974 Corbyn Rd.): Supported the fence, saying it would improve the appearance of the neighborhood, where many homes have fences. No opposition was voiced.

Discussion Items

Case 25‑023: Fence variance at 2529 Horsham Dr. (corner of Horsham Dr. and Rooksworth Cove)

• Staff presented the request for a six‑foot fence in the front‑yard setback along Rooksworth Cove. The property has an exceptional shape due to the cul‑de‑sac and topography that required a retaining wall. The variance area is a narrow triangular sliver (about 7‑8 feet at its deepest point).
• Board members asked about the fence’s termination at the retaining wall and the location relative to the house. Applicant clarified the fence would bolt directly into the retaining wall.
• Board cited exceptional narrowness, shallowness, and topography as the basis for granting the variance. The motion to approve carried 7‑0.

Case 25‑024: Fence variance at 2010 Newfields Rd. (corner of Newfields Rd. and Deanwood Cove)

• Staff explained that the property was annexed from Shelby County and originally had a 30‑foot setback (vs. Germantown’s 40‑foot). The applicant had revised the design from an earlier request, pulling the fence back six feet to a 36‑foot setback from the curb line (26 feet from the property line along Deanwood Cove). The variance would allow a fence extending six feet beyond the building line along a portion of the Deanwood side.
• Staff noted that forthcoming zoning code revisions will make this type of request easier for annexed properties.
• Board members noted the fence would improve the streetscape and that the applicant had minimized the encroachment. The motion to approve carried 7‑0.

Key Outcomes

• Case 25‑023 (2529 Horsham Dr.): Variance APPROVED unanimously (7‑0). Decision based on exceptional shape and topography of the lot.
• Case 25‑024 (2010 Newfields Rd.): Variance APPROVED unanimously (7‑0). Decision based on the unique situation of annexed property and minor practical difficulties.
• The meeting concluded with the chairman thanking board members for their service and noting that reappointments for 2026 would be considered.