HolladayDigest

The request

Donovan asked for a variance from the maximum fence height to allow an 8-foot fence on the property line next to primary arterial roads.

Legal standard

The hearing officer explained what a variance requires:

• An unreasonable hardship caused by special circumstances peculiar to the property, compared with other R-1-10 properties
• The hardship cannot be self-imposed or financial
• Without relief, the owner would be denied property rights that others in the zone enjoy

City code

• Corner side yard fences are limited to 5 feet. The Community and Economic Development Director can approve up to 6 feet.
• Neighbors on interior side yards can agree to go up to 8 feet. That option is not available here because 4500 South is a UDOT-operated road, not a neighbor.

Unique site conditions cited by staff and the applicant

• The lot borders three public roads, two of them primary arterials: 4500 South (east-west) and Highland Drive (north-south).
• It is the only residential property at that four-corner intersection. Businesses occupy the other three corners.
• The lot is irregular and slopes steeply down from 4500 South toward the intersection.
• A concrete sound wall, likely built by UDOT or the county, runs behind the property along Highland Drive. It is about 8 feet tall from the street side and taller from the backyards.

History of the existing fence

• Google imagery shows a 6-foot fence there since at least 2007, and it had drawn no complaints until last year.
• Old imagery also shows an abandoned second driveway. Code allows driveway gates up to 8 feet.

Prior denied variance

The hearing officer asked how this case differs from a fence variance denied around February 2025.

• Staff said the earlier request was for 5-foot fencing around the entire property, including the front on the cul-de-sac, where neighbors have compliant 4-foot fences.
• The current request covers only a small section at the northwest corner. Donovan confirmed the front fence would not change.

Precedent

Staff recalled a variance granted for a taller fence at the northwest corner of Holladay Blvd and 4500 South because of heavy traffic on 4500 South.

Frank Nakamura

Issue a written decision with findings, targeted within about 10 days, and send it to the city.

City staff (Jonathan)

Distribute the decision to the applicant.

Bill Donovan

If the variance is approved, obtain a building permit and meet any permit conditions. He also said he will keep coordinating with Jared, the town engineer, so the fence does not interfere with the Highland Drive project.

Staff recommendation

Staff concluded that a 2-foot height variance would not undermine the ordinance or the general plan's goal of consistent residential streetscapes. The reasons were the property's closeness to high-intensity commercial uses and heavily traveled arterials. Staff gave responses to all five approval standards and draft findings for potential approval.

Applicant's hardship arguments

• Noise: Traffic noise spills over the lower section of fence where the grade drops.
• Safety: Neighbors report that vehicles have hit or broken through the fence two or three times.
• Privacy: Truck drivers can see into the backyard.
• Road project: The city has bought land to widen Highland Drive further toward his backyard, which will bring traffic closer.

Applicant's commitments

• The new fence would be the same length and no taller than the existing roughly 9-foot fence at the corner.
• He has no intention of affecting sight lines at the Holladay Circle turn onto 4500 South.
• He will accept any conditions the city requires.

Other tall fences

Donovan noted other 9–10 foot fences elsewhere in Holladay. He acknowledged these do not give him any special right to one.

Changing the rule itself

The hearing officer noted that only the City Council could change the fence height standard. A variance must meet the specific legal criteria.

Staffing

Staff noted that the previous staff member who handled these hearings has left to become a professor at the University of Wisconsin.