TO: Zoning Commission
THRU: Jennifer C. Baptiste - Planning & Zoning Division Manager
FROM: Thomas Cohen - Planner I
DATE: August 11, 2026
RE:Title
A26-28: Order to Approve: Findings of Fact A request from Mayer Mitchell for a variance to the fence height standards (Section 30-5.D.4) to allow for a taller fence at 2213 Bragg Blvd (0428404373000).Title
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COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene
b
Relationship To Strategic Plan:
Goal IV - Desirable place to live, work, & recreate
• Objective 4.4 - To provide a clean and beautiful community with increased green spaces
• Objective 4.5 - To ensure a place for people to live in great neighborhoods
Goal VI - Collaborative Citizen & Business Engagement Base
• Objective 6.2 - To ensure trust and confidence in City government through transparency and high-quality customer service
Executive Summary:
Applicant requests a variance to the maximum fence height standards found in section 30-5.D.4 to increase the height allowed from four feet to six feet.
On July 14, 2026 the Zoning Commission held an evidentiary hearing regarding this application. The Commission voted unanimously to approve this Variance.
Background:
Owner: Mayer Mitchell
Request: Increase fence maximum height from 4ft to 6ft
Parcel Identification Number (PIN): 0428404373000
Parcel Size: ± 0.35
Existing Site Conditions: Single family home
Immediate Context: Single family homes
Utilities: Public sewer, water, and electricity
Public Notice: Notification letters were sent to property owners within 300 feet of the subject site equating to 31 notices sent.
Related Cases: N/A
Issues/Analysis:
Variance Criteria
In accordance with NCGS § 160D-705(d) and UDO Section 30-2.C.14.f five standards must all be met for a variance to be granted.
1. Unnecessary hardship - Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships; it shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
2. Peculiar Conditions - Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, such as location, size, or topography, and are not the result of the actions of the land owner, nor may hardships resulting from personal circumstances as well as hardships resulting from conditions that are common to the neighborhood or the general public be the basis for granting a variance; and
3. Minimum Action - The variance is the minimum action that will make possible a reasonable use of land or structures; and
4. Spirit of the Law - The variance is in harmony with the general purpose and intent of this ordinance and preserves its spirit; and
5. Public Safety - In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
Applicable Standards and Request
UDO Section 30-5.D.4 outlines the maximum fence height standards for the SF-6 zoning district.
• Existing Maximum Fence Height: 4 feet
o Proposed Variance: 6 feet (Increase of 2 feet)
Claim Summary
The house fronts both McPherson St and Bragg Blvd creating effectively two front yards as the property is a near-corner through lot. The McPherson side acts more akin to a backyard due to the minimal frontage, and the applicant states that the Bragg Blvd side has an issue of people discarding trash onto the property. The height increase is for privacy and safety.
Required Variance Findings
The Commission must determine whether the evidence supports EACH of the five criteria and associated findings.
The applicant provides the following statements to support the variance criteria.
1. Unnecessary Hardship
o “On the Bragg Boulevard side of my house, it is a regular occurrence for people to discard their trash onto my property both from their vehicle and while walking past. A gate will be built on this side to allow public workers access to any utility or area that they are required to get to. On the Mcpherson side, I would like to have a place to let my dog out and only a small section of the property butts onto the street which makes it more akin to a backyard even though it technically is a corner lot.”
2. Peculiar Conditions, Not Self-Created
o “Please refer to the prior passage.”
3. Minimum Action Necessary
o “This variance will prevent people from throwing their trash onto my property.”
4. Spirit of the Ordinance
o “The land on the Mcpherson Avenue side has minimal contact with the road making it more akin to a backyard.”
Budget Impact:
Approval or denial of the requested variance does not create immediate or direct impacts on the budget.
Options:
1. Approve the drafted Findings of Fact which match the drafted Order to Approve A26-28 and the hearing record.
2. Approve the Findings of Fact with revisions that the Zoning Commission requests and the hearing record supports.
Recommended Action::Recommended Action
Professional Planning Staff recommends approving option 1.
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Attachments:
1. Order to Approve A26-28 - Findings of Fact and Conclusion of Law