We’re A Front Porch Community
One of our neighborhood’s greatest assets is its front porches and lawns. Not only does this help maintain a park like setting and beautiful sweeping views, but it encourages interactions among neighbors and helps build community. Because we’re a front porch community, the Historic Southwood Park Neighborhood Association Board of Directors successfully passed and recorded some very important restrictive covenants in 2006. One of these covenants prohibits the “construction of a fence on any lot nearer to the front line than the building lines.” No front yard fences have been approved since this covenant was enacted in 2006. The plats subject to these covenants can be seen on our maps page. As interested parties, the Historic Southwood Park Neighborhood Association Board of Directors were notified of two upcoming petitions related to 4520 Old Mill Road. Linked below are the relevant public documents and the corresponding Board of Director’s position statements.
The Board of Directors is and has been committed to working out a resolution that meets the homeowner’s needs as well as the needs of the association. If at any point you have questions about a project or our covenants, please feel free to reach out to us and we will be sure to offer clarification or work toward a resolution with you.
UPDATE 5/10/2023
The May 10, 2023 hearing has been moved to the Board of Zoning Appeals June 2023 Session
June 22, 2023 at 5:30 p.m. at Citizen’s Square
UPDATE June 2023
The Association has retained Fletcher Van Gilder to represent the Association related to these and any other related matters. For clarity’s sake, the blue line depicted below represents where the Association would permit a fence.
UPDATE June 25, 2023
At the start of the June 22, 2023 hearing, the petitioner amended his variance application to address only the side yard, the Westover side, setback. The Board of Directors is pleased to note that the petitioner is no longer pursuing a front yard fence. The zero foot setback for the side yard was conditionally approved. More specifically it states the following:
The build line established in 1927 is still intact and was affirmed with the ruling on May 18, 2023. Therefore, the Board of Directors remains steadfast in its recommendation that the fence meet the boundaries depicted within this article. Maintaining this build line maintains the sweeping views and sight lines established by this plat nearly 100 years ago.
Update July 17, 2023
The next public hearing related to this property is on August 14, 2023 at 5:30 p.m. in Suite 35 of Citizens Square.
The petitioner is seeking to amend their plat to vacate the 100 year old build line .
Here is the August 2023 Staff Report from the Plan Commission.
Scroll to minute 8:17 for the relevant portion of the hearing.
Residents weigh in in this Journal Gazette article.
Eight members of the plan commission voted which resulted in a tie. Four in favor of the petitioner and four against. The matter is being set for September’s plan commission meeting and will be voted on again unless an agreement is reached before then. The Board of Directors remains engaged in negotiations with these homeowners. The plan commission’s division is explored in this Journal Gazette article.
