Landmark Commission debates historic exemption for new safe fence ordinance

The Historic Landmark Commission faced an unusual case last week, when a construction proposal at a landmarked home at 1412 W. Sixth 1/2 St. collided with pending City Council action to ban unsafe fence designs.

The resolution, which would mandate flat tops for new fences under 6 feet tall and prohibit gaps running 2 to 9 inches between pickets, secured unanimous recommendation from the Planning Commission in May. Council is slated to make the final call at its upcoming meeting on July 20.

The fence in question prompted impassioned testimony from owner Jeff Albrecht, who argued his 3-foot wrought-iron design with ornamental finials was both in keeping with the city’s Historic Design standards and a more effective deterrent to unsafe climbing. Commissioners ultimately agreed, voting 9-1 to approve the construction, with Commissioner JuanRaymon Rubio against.

“One of the most widely cited safety studies was conducted in 1994 by Rabinovich, and it demonstrated 30 percent of 4-year-olds can quickly surmount a 4-foot flatiron fence. … It also showed adding a climb deterrent prevented 100 percent of those children from doing so,” Albrecht said. “Finials communicate that climbing is forbidden here – this isn’t a jungle gym, don’t sit or hang on this fence. … I ask city staffers responsible for this draft code how an easy-to-climb fence on a retaining wall abutting the street is safer for my grandchildren.”

Hazards posed by fencing garnered attention following the tragic death of 2-year-old Kade Damian, who in 2018 got stuck while climbing a 4-foot iron fence and asphyxiated. Since then, Damian’s family has advocated for a reshaping of fence design standards to prevent future accidents. Similar initiatives have taken shape in cities like Lakeway, which passed a safe fencing ordinance in 2019, largely in response to injuries sustained by jumping deer.

While the changes are perhaps on track for adoption, many fences with spiked ornamentation and widely spaced pickets remain at the city’s historic homes and landmarks, including at the Capitol. While the draft ordinance affects only new installations and reconstruction, commissioners wondered whether an exception for historic properties was in order.

“I absolutely understand the concern about safety for the sharp-edge fences and the damage they can do, but I think we have a different situation with fences that have been here for a very long time,” said Chair Ben Heimsath. “I think we’re asking that be a distinction, ideally brought into code, because that’s not necessarily the same type of issue as the danger posed by a more modern spiked fence, which has a different intent and purpose.”

Council will hold a public hearing on the matter later this month. Until then, those in the market for a new fence may want to stay tuned.

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Posted In: Preservation, District 9